Section 15~~Land Use Ordinance
Amendments
15.03.01.03 Performance Standards
All land use activities permitted in accordance with the table above, regardless of whether they require a permit or approval from the Planning Board, Code Enforcement Officer or Licensed plumbing inspector, shall comply with all applicable standards set forth in this section and in sections 15.05.09, 15.05.10, 15.05.11 and 15.08, except that essential services may be exempt from the lot size, road frontage, lot width, & height requirements when in the opinion of the Planning Board there is no reasonable alternative.
Public Hearing -Planning Board 8/9/95
Adopted -Veazie Town Council 8/21/95
15.04.05.01
Notwithstanding .... in common ownership, and
Notwithstanding any other provision of this ordinance, on any lot in the R-2 zone, the legal description or dimensions of which are recorded on a document or map on file at the Penobscot county Registry of Deeds, which, on January 1, 1958 (approximate date of first zoning in Veazie) encompassed less than 4000 square feet of area, and which does not adjoin another vacant parcel in common ownership, a single family residence and customary accessory structures may, without the need for a variance, be built or expanded up to 50% lot coverage, but only subject to the following:
Adopted May 13, 1996
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 feet except that with separate Veazie Town Council approval structures may be 100 feet and smoke stacks may meet minimum DEP requirements
15.05.09.25.04
Sounds associated with the following shall be exempt from regulation:
15.05.09.25.04.01
Sounds from a regulated development at the property line of the receiving property when the generator of the sound has been conveyed a noise easement for that location.
Public Hearing -Planning Board 3/9/98
Adopted -Veazie Town Council 3/30/98
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35 except that with separate Veazie Town Council approval structures may be 100 120 feet and stacks may meet but not exceed the stack height requirement set by the Maine DEP pertaining to dispersion of pollution emissions.
The above front setback, side setback, and minimum rear requirements shall not apply
with respect to contiguous lots within the Industrial Zone, when the owner(s) of the abutting lot(s) within the Industrial Zone execute a written agreement and consent to the reduction of the setbacks; provided that even with such agreement and consent in no event shall the distance between any buildings located in the Industrial Zone be less than 25 feet from any building located on a contiguous lot. The owners shall record their agreement within 90 days of its execution in the Penobscot Registry of Deeds, and submit a copy of the recorded agreement to the Planning Board.
15.05.09.07.03.01
All streets and sidewalks shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board, with all construction to be overseen by the Road Commissioner or his/her designee:
STREET CONSTRUCTION STANDARDS |
|
Arterial |
Collector |
Minor |
Private ROW |
Industrial/ Commercial |
Minimum Right-of-way Width |
80' |
50' |
50' |
50' |
60' |
Minimum Pavement Width/Travelled Way Width |
44' |
24' |
20' |
18' |
30' |
Sidewalk Width |
8' |
5' |
5' |
N/A |
8' |
Minimum Grade |
.5% |
.5% |
.5% |
N/A |
.5% |
Maximum Grade w/in 75' of Intersection |
2% |
2% |
2% |
N/A |
2% |
Maximum Grade**** |
5% |
6% |
8% |
10% |
5% |
Minimum Centerline Radius***** |
500' |
230' |
150' |
N/A |
400' |
Minimum Tangent Between Curves of Reverse Alignment***** |
200' |
100' |
50' |
N/A |
200' |
Roadway Crown |
1/4"/ft |
1/4"/ft |
1/4"/ft |
N/A |
1/4"/ft |
Minimum Angle of Street Intersections ** |
90 |
90 |
75 |
75 |
N/A |
Minimum Curb Radii at Intersections *** |
30' |
20' |
15' |
N/A |
30'*** |
Minimum R/O/W Radii at Intersections |
20' |
10' |
10' |
10' |
20' |
Minimum Width of Paved Shoulders (each side) |
5'
|
4' |
4' |
4' |
9' |
Crushed Aggregate Sub-Base Course (Stone Max 4")* |
18" |
18" |
18" |
12" |
18" |
Crushed Aggregate Base Course |
4" |
4" |
4" |
4" |
4" |
Hot Bituminous Pavement (Total Thickness)* |
3 ½" |
3" |
3" |
3" |
3 ½" |
Surface Course* |
1 ½" |
1" |
1" |
1" |
1 ½" |
Base Course* |
2" |
2" |
2" |
2" |
2" |
* Minimum thickness of material after compaction.
** Street intersection angles shall be as close to 90 as feasible, but no less than the listed angle.
*** Should be based on turning radii of expected commercial vehicles, but no less than 30'.
**** Maximum grade may be exceeded for a length of 100 feet or less.
***** The distance set for Industrial/Commercial can be reduced if required to meet State and Federal permitting requirements to avoid or reduce impact on rare, threatened, or endangered species and/or to wetlands but in no case may the distance be less than 100 feet.
Public Hearing -Planning Board
Adopted -Veazie Town Council 7/13/98
15.03.02.01 Low Density Residential (R-1)
Minimum lot size: 15,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.02 Urban Residential (R-2)
Minimum lot size: for residences, 15,000 square feet for one dwelling unit plus 4,000 square feet per dwelling unit for each additional dwelling unit up to four plus 5,250 square feet per dwelling unit over four; for other uses, 12,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.03 Suburban Residential (R-3)
Minimum lot size: 15,000 square feet
Minimum road frontage and lot width: 90 plus 10 for each dwelling unit over one
Minimum front setback: 20 except that accessory structures may be 10 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum density in cluster subdivisions: 3 dwelling units per acre
Maximum density for multifamily dwellings: 8 dwelling units per acre
15.03.02.04 Residential and Farming (R-4)
Minimum lot size: 40,000 square feet (must meet applicable septic codes)
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 30 10 except that frontages on State Street, Chase Road, and School Street from State Street to Eagleview Drive shall be 20
Minimum side setback: 15
Minimum rear setback: 30
Maximum lot coverage: 25%
Maximum height: 35
Open space ratio for subdivision: 40% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Maximum net density for cluster subdivisions and multifamily dwellings: 4 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Adopted - Veazie Town Council 3/22/99
15.05.08.03 Owners and Applicants
The name(s) and address(es) of the owner(s), the site plan applicant(s) or developer(s) and any duly authorized representative(s) thereof, including:
* for any corporation, the name, mailing address and physical address of each officer, clerk and registered agent;
* for any partnership or limited partnership, the name, mailing address and physical address of each partner and registered agent;
* for any limited liability company, the name, mailing address and physical address of each manager and registered agent;
* for any sole proprietorship or joint venture, the name, mailing address and physical address of each owner or principal;
* in addition to the foregoing, for any business that intends to provide or exhibit nude entertainment, the name, date of birth, mailing address and physical address of each person with a five percent (5%) or more financial interest in the business and of each person who will have any management position with respect to the business and whether any such person has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s).
* * *
15.05.08.10 Structures, Easements, Driveways, Zone and Lot Lines
The locations of all existing and proposed buildings, structures, known easements, driveways, entrances and exits of the lot of the proposed site and within two hundred feet (200') of said site and, for any business that intends to provide or exhibit nude entertainment:
* the location of the line of any R-1, R-2, R-3 or R-4 zone within seven hundred feet (700') of the proposed site;
* the location of the line of any lot within seven hundred feet (700') of the proposed site on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
* * *
15.05.08.44.01 Description
A written description of the proposed operation in sufficient detail to indicate the degree to which the operation will create traffic congestion, noise, toxic or noxious matter, vibrations, odor, heat, glare, air pollution, gasses and fumes, waste, dirt, fly ash, dust smoke or other objectionable or offensive effects, together with engineering, architectural and landscaping plans for mitigating or eliminating such effects and whether nude entertainment will be provided or exhibited;
15.05.08.44.02 Operation
The hours of operation, the proposed shifts to be worked and, the maximum number of employees on each shift and, for any business that intends to provide or exhibit nude entertainment, the specific days of the week and hours during which such entertainment shall be provided or exhibited;
* * *
15.05.08.44.04 Seating Capacity
The maximum seating capacity of any business that will routinely provide seating for customers or patrons;
15.05.08.44.05 Location of Nude Entertainment
For any business that intends to provide or exhibit nude entertainment, the specific area or location within the building where such entertainment shall be provided or exhibited.
* * *
15.05.09.03 [RESERVED] Compliance with Other Codes
All buildings and structures shall comply with all applicable provisions of the Town of Veazie Building Code and Existing Structures Code and the NFPA Life Safety Code.
* * *
15.05.11.17 Commercial Displays of Nudity
All site plans for businesses that will provide or exhibit nude entertainment shall demonstrate that the proposed development will comply with the following:
15.05.11.17.01 Location
Any business that will provide or exhibit nude entertainment shall be located in that area of the I-1 Zone located in the areas between Interstate 95 and Stillwater Avenue and such a business shall not be permitted in any other area of the Town.
15.05.11.17.02 Convictions
No permit of any kind shall be issued for a business that will provide or exhibit nude entertainment if any person with a five percent (5%) or more financial interest in the business or any person who will have any management position with respect to the business has, within the ten (10) years immediately prior to the date of the application, been convicted of prostitution, promoting prostitution, or a class A, B or C felony as such offenses are defined under Maine law, or equivalent offenses in any other jurisdiction(s). The conviction of any such person of such offense(s) at any time subsequent to the issuance of a permit shall result in the revocation of the permit.
15.05.11.17.03 Dwelling Units Prohibited
No portion of any building or structure on any lot on which is located a business that provides or exhibits nude entertainment shall be used as a dwelling unit.
15.05.11.17.04 Restaurant Requirements
All requirements set forth in this ordinance applicable to restaurants and eating and drinking establishments shall apply to any business that will provide or exhibit nude entertainment, irrespective of whether such business will sell or otherwise provide food or beverages.
15.05.11.17.05 Entertainment Within Building
Any display or exhibition of nude entertainment shall be contained entirely within a building, not on any deck, porch or patio associated therewith, and shall be concealed in such a manner that no portion of any person providing such entertainment can be observed from any adjoining lot or public property.
15.05.11.17.06 Setbacks
No portion of any building in which nude entertainment is provided or exhibited shall be located four hundred feet (400') or less from:
* the line of any R-1, R-2, R-3 or R-4 zone;
* the line of any lot on which is located a public or private school, a school dormitory, a public playground or park, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage.
15.05.11.17.07 Changing Rooms and Restrooms
15.05.11.17.07.01
Any building in which nude entertainment is provided or exhibited shall have changing rooms and restrooms for the persons providing such entertainment that are separate the toilet facilities available for or accessible to customers, patrons or the general public.
15.05.11.17.07.02
No business providing or exhibiting nude entertainment shall allow customers, patrons or members of the general public into changing rooms or restrooms used by or set aside for persons providing such entertainment.
15.05.11.17.07.03
No person providing nude entertainment shall change or be in any state of undress in any restroom available or accessible to customers, patrons or members of the public, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.08 Hours of Operation
No business shall provide or exhibit nude entertainment beyond the hours set forth in the business’ permit application or after the hour of 1:00 a.m. and all businesses providing or exhibiting nude entertainment shall be closed and cleared of customers, patrons and members of the public from 1:30 a.m. to 6:00 a.m. Mondays through Saturdays to 1:00 p.m. Sundays.
15.05.11.17.09 Conduct
15.05.11.17.09.01 Employment
No person under the age of eighteen (18) years shall be employed in any capacity in any business that provides or exhibits nude entertainment. For purposes of this section the term employee shall include hourly and salaried employees and all persons working or performing on the premises for tips or commissions or as independent contractors or contract dancers or performers. The operator of each such business shall be responsible for verifying the age of each employee through photographic identification. Each employer shall maintain records showing the name and date of birth of each employee, including a copy of the photographic identification used to verify age. Prior to an employee’s beginning employment, the operator shall bring the records to the Veazie Police Department to verify the age of the prospective
employee. Such records shall be maintained by the operator until six (6) months after the employee ceases employment and are subject to review by the Veazie Police on the business premises during normal business hours. In the event the Veazie Police reasonably suspect from a review of such records that an employee is under the age of eighteen (18) years, they may copy such records for investigatory purposes. Any record so obtained, and any subsequent information developed therefrom, is declared to be “intelligence and investigative information” under 16 M.R.S.A. § 611(8) which, if publicly disclosed, would endanger the life or safety of the individuals named therein. Notwithstanding this declaration, record information may be disclosed to the person named therein.
15.05.11.17.09.02 Patrons
15.05.11.17.09.02.01
No person under the age of eighteen (18) years shall be admitted as a customer or patron to any commercial establishment providing or exhibiting nude entertainment. The operator of each such establishment shall be responsible for verifying the age or each person entering the premises through photographic identification. Nothing herein shall be construed as to lessen any applicable State age requirement for the admission of any person to a business establishment at which alcohol is served.
15.05.11.17.09.02.02
There shall be no physical contact anywhere on the premises between patrons and any person performing or providing nude entertainment. For purposes of this section, physical contact does not include incidental contact between a patron and an entertainer of a business or social nature such as a handshake or that brief contact that may occur while a patron is giving a tip to an entertainer. In no case shall incidental contact be deemed to include such conduct as is barred by State statutes regarding unlawful sexual contact, regardless of the intent of either party, any contact between a patron and the genitalia or breasts of an entertainer or any contact between an entertainer and the genitalia or breasts or a patron.
15.05.11.17.09.02.03
Under no circumstances shall any patron, customer or member of the public be in any state of undress or expose his or her genitalia anywhere on the premises, except to the limited extent necessary in conjunction with the customary use of a toilet or urinal.
15.05.11.17.09.03 Limitations on Entertainment
15.05.11.17.09.03.01
No person providing or performing nude entertainment shall engage in sadomashchistic acts or in specified sexual activities as defined by this ordinance.
15.05.11.17.09.03.02
The showing, display or exhibition of specified anatomical areas, as defined by this ordinance, is prohibited.
15.12.01.12 Definitions
Nude Entertainment: The showing, display or exhibition in a public or private establishment of uncovered or exposed female breasts. Nude entertainment does not include specified sexual activities or the showing, display or exhibition of specified anatomical areas.
Operate: To own, run or manage any establishment or place of business.
Operator: The owner or manager of any establishment or place of business.
Sadomasochistic Acts: The acts, including what may be referred to as bondage and discipline, of flagellation, torture or punishment by or upon a person clad in undergarments, a mask or bizarre costume; or the condition of being fettered, bound or otherwise physically restrained while so clothed or by a person so clothed.
Specified Anatomical Areas: (1) The display or exhibition of the male or female pubic area, perineum or anus with less than a fully opaque covering is prohibited; (2) The display or exhibition of male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Actual or simulated acts of human masturbation, sexual intercourse, sodomy, or any sexual act or sexual contact as defined by Main law, as amended; (3) Fondling or other touching of human genitals, pubic area, buttock or female breast.
15.05.11.18 Residential Use of Commercial Properties
“Residential occupancy use of portions of commercial properties may be allowed with Planning Board approval if the portion of the existing building to be used residentially has previously been used as a residential property and provided the use is considered secondary to the commercial use or uses allowed in the zone. The residential use will not be expanded in foot print to an area greater than previously occupied by the residential use except as may be required to meet current life safety and/or other related building code issues. Furthermore, any tenant must be notified in writing or so notified in their lease that the property is in a commercial zone and the tenant should expect allowed commercial activities to occur.”
Adopted: Veazie Town Council October 4, 2004
SECTION 15.01 GENERAL
15.01.01 Title
15.01.02 Authority
15.01.03 Purpose
15.01.04 Applicability
15.01.05 Severability
15.01.06 Conflicting Ordinances or Laws
15.01.07 Omitted Uses Prohibited
15.01.08 Effective Date
15.01.09 Planning Board
15.01.09.01 Organization
15.01.09.02 Authority
15.01.10 Amendment
15.01.11 Availability
SECTION 15.02 ESTABLISHMENT OF ZONES
15.02.01 Classes of Zones
15.02.02 Purposes of Zones
15.02.02.01 General Zones
15.02.02.01.01 Low Density Residential
15.02.02.01.02 Urban Residential
15.02.02.01.03 Suburban Residential
15.02.02.01.04 Residential and Farming
15.02.02.01.05 Commercial
15.02.02.01.06 Business-Commercial
15.02.02.01.07 Industrial
15.02.02.01.08 Resource Protection
15.02.02.02 Overlay Zones
15.02.02.02.01 Open Space Conservation Overlay
15.02.02.02.03 Shoreland Limited Residential Overlay
15.02.02.02.04 Shoreland Limited Commercial Overlay
15.02.02.02.05 Shoreland Limited Industrial Overlay
15.02.02.02.06 Stream Protection Overlay
15.02.03 Locations of Zones
15.02.04 Interpretation of Zone Boundaries
15.02.05 Division of Lots by District Boundaries
SECTION 15.03 LAND USE ACTIVITIES AND STANDARDS
15.03.01 Permitted Uses
15.03.01.01 Generally
15.03.01.02 Accessory Uses and Structures
15.03.01.03 Performance Standards
15.03.02 Lot Development Standards
15.03.02.01 Low Density Residential (R-1)
15.03.02.02 Urban Residential (R-2)
15.03.02.03 Suburban Residential (R-3)
15.03.02.04 Residential and Farming (R-4)
15.03.02.05 Commercial (C-1)
15.03.02.06 Business-Commercial (C-2)
15.03.02.07 Industrial (I-1)
15.03.02.08 Resource Protection (RP)
15.03.02.09 Shoreland Overlay Zones
SECTION 15.04 NONCONFORMITY
15.04.01 Defined
15.04.02 General Policies
15.04.03 Nonconforming Uses of Land or Structures
15.04.04 Nonconforming Structures
15.04.05 Nonconforming Lots
SECTION 15.05 SITE PLAN REVIEW
15.05.01 Purpose
15.05.02 Site Plan Review Required
15.05.03 Site Plan Review Not Required
15.05.04 Compliance With State Law
15.05.05 Preapplication Sketch Plan (Subdivisions Only)
15.05.05.01 Contents
15.05.05.02 Fee
15.05.05.03 Time
15.05.05.04 Form
15.05.05.05 Notice of Review of Sketch Plan
15.05.05.06 Review of Sketch Plan
15.05.05.07 Rights Not Vested
15.05.06 Review Procedure
15.05.06.01 Preapplication Meeting
15.05.06.02 Submissions Generally
15.05.06.03 Receipt and Notice
15.05.06.04 Completeness Review
15.05.06.05 Waiver of Submission Requirements
15.05.06.06 Site Inspection
15.05.06.07 Hearing Procedure
15.05.06.07.01 Published Notice
15.05.06.07.02 Mailed Notice
15.05.06.07.03 Content of Notice
15.05.06.07.04 Additional Evidence
15.05.06.07.05 Rules
15.05.06.07.06 Presence of Applicant
15.05.06.07.07 Representation
15.05.06.07.08 Burden of Proof
15.05.06.07.09 Continuation
15.05.06.07.10 Staff Support
15.05.06.08 Deliberation and Decision
15.05.06.09 Variance of Standards
15.05.06.10 Other Permits
15.05.06.11 Recording
15.05.06.12 Failure to Act
15.05.06.13 Signing and Recording of Subdivision Plan
15.05.06.14 Revision of Approved Plan
15.05.06.14.01 Revision Without Approval Prohibited
15.05.06.14.02 Procedure
15.05.06.14.03 Application
15.05.06.14.04 Scope of Review
15.05.07 Fees
15.05.07.01 General
15.05.07.02 Administrative and Notice Fees
15.05.07.03 Late Fees
15.05.07.04 Technical Assistance Fees
15.05.08 Application
15.05.08.01 Form
15.05.08.02 Fees
15.05.08.03 Owners and Applicants
15.05.08.04 Title
15.05.08.05 Neighbors
15.05.08.06 Farmland
15.05.08.07 Location Map
15.05.08.08 Dimensions, District, High Water Line, Flood Elevation
15.05.08.09 Flooding
15.05.08.10 Structures, Easements, Driveways
15.05.08.11 Streets, Sidewalks and Access
15.05.08.12 Setbacks
15.05.08.13 Soils
15.05.08.14 Topography
15.05.08.15 Stormwater, Sanitary Waste, Potable Water
15.05.08.16 Utilities
15.05.08.17 Reserved Areas
15.05.08.18 Natural Features
15.05.08.19 Historic Features
15.05.08.20 Access to Water
15.05.08.21 Parking and Loading
15.05.08.22 Landscaping
15.05.08.23 Lighting
15.05.08.24 Signs
15.05.08.25 Interior Use
15.05.08.26 Subsurface Wastewater
15.05.08.27 Hydrogeologic Assessment
15.05.08.28 Groundwater
15.05.08.29 Traffic Impact
15.05.08.30 Building Plans
15.05.08.31 Erosion and Sedimentation
15.05.08.32 Declaration
15.05.08.33 Impact on Municipal Services and Facilities
15.05.08.34 Public Water Supply
15.05.08.35 Public Sewer
15.05.08.36 Stormwater Disposal
15.05.08.37 Fire Protection
15.05.08.38 Solid and Liquid Waste
15.05.08.39 Police Protection
15.05.08.40 Educational Services
15.05.08.41 Valuation
15.05.08.42 Photographs
15.05.08.43 Mining
15.05.08.43.01 DEP Application
15.05.08.43.02 Topography
15.05.08.43.03 Operator
15.05.08.43.04 Access Roads and Temporary Structures
15.05.08.43.05 Extraction Plan
15.05.08.43.06 Reclamation Plan
15.05.08.43.07 Reclamation Guarantee
15.05.08.43.08 Washing Plans
15.05.08.43.09 Insurance
15.05.08.44 Business, Commercial, Industrial, and Mining
15.05.08.44.01 Description
15.05.08.44.02 Operation
15.05.08.44.03 Hazardous Materials
15.05.08.45 Subdivisions
15.05.08.45.01 Maps
15.05.08.45.02 Central Water Supply: DHS
15.05.08.45.03 Individual Wells: DHS
15.05.08.45.04 Central Subsurface Wastewater: DHS
15.05.08.45.05 Wastewater Licenses: DHS
15.05.08.46 Performance Guarantees
15.05.08.47 Legal Documents
15.05.08.48 Technical and Financial Capacity
15.05.08.49 Taxes and Assessments
15.05.08.50 Permits
15.05.08.51 Inspection
15.05.08.52 Additional Information
15.05.09 General Review Standards
15.05.09.01 Permitted Uses
15.05.09.02 Lot Standards
15.05.09.02.01 Setbacks
15.05.09.02.02 Height
15.05.09.02.03 Frontage
15.05.09.02.04 Multiple Principal Structures on One Lot
15.05.09.03 [RESERVED]
15.05.09.04 Parking Requirements
15.05.09.05 Parking Areas and Driveways
15.05.09.06 Loading Requirements
15.05.09.07 Streets, Sidewalks and Access
15.05.09.07.01 Capacity
15.05.09.07.02 Layout
15.05.09.07.03 Design and Construction
15.05.09.07.04 Bikeways/Pedestrian Ways
15.05.09.07.05 Names
15.05.09.08 Landscaping, Buffering and Screening
15 05.12.08.01 Buffers
15.05.09.08.02 Screening
15.05.09.09 Water Supply
15.05.09.10 Water Pollution
15.05.09.11 Stormwater Management
15.05.09.12 Sewage Disposal
15.05.09.13 Soils
15.05.09.14 [RESERVED]
15.05.09.15 Erosion
15.05.09.16 Flood Permit
15.05.09.17 Air Quality
15.05.09.18 Refuse Disposal
15.05.09.19 Dangerous Materials and Wastes
15.05.09.20 Vibration
15.05.09.21 Wildlife Habitat
15.05.09.22 [RESERVED]
15.05.09.23 Heat
15.05.09.24 Light and Glare
15.05.09.25 Noise
15.05.09.26 Electromagnetic Radiation
15.05.09.27 Outdoor Storage or Displays
15.05.09.28 Utilities
15.05.09.29 Fire Protection
15.05.09.30 Comprehensive Plan
15.05.09.31 Financial and Technical Capacity
15.05.09.32 Farmland
15.05.09.33 Other Municipal Services
15.05.09.34 Violations, Taxes, Assessments
15.05.10 Shoreland Standards
15.05.10.01 Agriculture
15.05.10.02 Timber Harvesting
15.05.10.03 [RESERVED]
15.05.10.04 Mineral Exploration and Extraction
15.05.10.05 Uses Projecting Beyond High Water Line or into the Water or a Wetland
15.05.10.06 Lot Standards
15.05.10.07 Roads and Driveways
15.05.10.08 Subsurface Wastewater
15.05.10.09 Soils
15.05.10.10 Principal and Accessory Structures
15.05.10.11 Clearing of Vegetation for Development
15.05.10.12 [RESERVED]
15.05.10.13 [RESERVED]
15.05.10.14 Parking Areas
15.05.10.15 Essential Services
15.05.10.16 Individual Private Campsites
15.05.10.17 Signs
15.05.11 Standards for Particular Uses, Structures, or Activities
15.05.11.01 Signs and Advertising
15.05.11.01.01 General Standards
15.05.11.01.01.01 Safety and Neatness
15.05.11.01.01.02 Removal of Signs for Discontinued Use
15.05.11.01.01.03 Erected on Private Property Only
15.05.11.01.02 Prohibitions
15.05.11.01.02.01 Nonconforming Signs
15.05.11.01.02.02 Nuisances or Welfare Hazards
15.05.11.01.02.03 Premises Abutting Residential Zones
15.05.11.01.02.04 Message Related to Premises Only
15.05.11.01.02.05 Moving Parts, Blinking, Banners
15.05.11.01.02.06 String of Lights
15.05.11.01.02.07 Outdoor Neon Signs
15.05.11.01.02.08 Trees, Poles, Natural Features
15.05.11.01.03 Size and Quantity
15.05.11.01.03.01 Height
15.05.11.01.03.02 Maximum Sign Area for Commercial Zones
15.05.11.01.03.03 Public Buildings
15.05.11.01.03.04 Apartments, Conforming Nonresidential Buildings in Residential Zones
15.05.11.01.03.05 For Sale, Rent, or Lease Signs
15.05.11.01.03.06 Development or Construction Signs
15.05.11.01.03.07 Entrance and Exit Directional Signs
15.05.11.01.03.08 Wall Signs
15.05.11.01.03.09 Window Signs
15.05.11.01.03.10 Awnings
15.05.11.01.03.11 Off Premise Signs
15.05.11.01.03.12 Home Occupations
15.05.11.01.03.13 Residential Identification
15.05.11.01.03.14 Trespassing and Hunting
15.05.11.01.04 Setback
15.05.11.01.05 Illumination
15.05.11.01.06 Special Types of Signs
15.05.11.01.06.01 Political, Charitable, Meeting Signs
15.05.11.01.06.02 Banners for Drives and Large Gatherings
15.05.11.01.06.03 Vehicle Signs
15.05.11.01.06.04 Menus
15.05.11.01.06.05 Sales Fliers
15.05.11.01.06.06 Traffic Signs
15.05.11.01.06.07 Signs for Legal Nonconforming Uses
15.05.11.01.06.08 Flags
15.05.11.01.06.09 Indoor Neon Signs
15.05.11.01.07 Nonconforming Signs
15.05.11.02 Automobile Graveyard or Recylcing; Junkyards
15.05.11.03 Campgrounds
15.05.11.04 Conversion to Multifamily Use
15.05.11.05 Home Occupations
15.05.11.06 Manufactured Housing
15.05.11.07 Mobile Home Parks
15.05.11.08 Temporary Storage
15.05.11.09 Timber Harvesting
15.05.11.10 Swimming Pools
15.05.11.11 Restaurants
15.05.11.12 Mining, Quarrying, Gravel or Mineral Extraction
15.05.11.13 Cluster Developments
15.05.11.13.01 Purpose
15.05.11.13.02 Use
15.05.11.13.03 Performance Standards
15.05.11.13.04 Adjustment of Lot Standards
15.05.11.13.04.01 Setback from Boundary of Developed Parcel and from Public Roads
15.05.11.13.04.02 Individual Lot Size
15.05.11.13.04.03 Area When Individual Lots Not Created
15.05.11.13.04.04 Lot Coverage for Individual Lots
15.05.11.13.04.05 Coverage When Individual Lots Not Created
15.05.11.13.04.06 Setbacks for Individual Lots
15.05.11.13.04.07 Setbacks when Individual Lots Not Created
15.05.11.13.04.08 Frontage Required for Developed Parcel
15.05.11.13.04.09 Frontage for Individual Lots
15.05.11.13.04.10 Access when Individual Lots Not Created
15.05.11.13.05 Open Space
15.05.11.13.05.01 Amount and Use
15.05.11.13.05.02 Ownership
15.05.11.13.05.03 Restrictive Language
15.05.11.13.05.04 Shoreline
15.05.11.13.06 Water Supply
15.05.11.13.07 Wastewater System
15.05.11.13.08 Minimum Parcel Developed
15.05.11.13.09 Orientation of Buildings
15.05.11.14 Subdivisions
15.05.11.14.01 Monuments
15.05.11.14.02 Blocks
15.05.11.14.03 Lot Standards
15.05.11.14.04 Frontage
15.05.11.14.05 Multiple Frontage and Reverse Frontage
15.05.11.14.06 Lot Lines
15.05.11.14.07 Future Development
15.05.11.14.08 Land Not Suitable for Development
15.05.11.14.09 Aesthetic, Cultural and Natural Areas and Open Space
15.05.11.15 Residential Structures
15.05.11.16 Commercial Developments in C-2 Zone
SECTION 15.06 CONTRACT ZONING
15.06.01 Purpose
15.06.02 Definition
15.06.03 Procedure
15.06.03.01 Application
15.06.03.02 Fees
15.06.03.03 Bond
15.06.03.03 Staff Input
15.06.03.04 Planning Board
15.06.03.05 Town Council
15.06.03.06 Hearing
15.06.03.07 Recommendation
15.06.03.08 Vote
15.06.03.09 Shoreland
15.06.03.10 Recording
15.06.03.11 Contract Zoning Not Permit or Site Plan Approval
15.06.04 Conditions and Restrictions
15.06.04.01 Mandatory
15.06.04.02 Discretionary
15.06.04.03 Prohibited
SECTION 15.07 PERMITS
15.07.01 Permits Required
15.07.01.01 Flood Hazard Areas
15.07.01.02 New Construction
15.07.01.03 Alteration
15.07.01.04 Placement of Signs
15.07.01.05 Moving or Demolition
15.07.01.06 Change of Use
15.07.01.07 Section 15.03 Activities
15.07.01.08 Mobile Home Parks and Campgrounds
15.07.02 Prohibitions
15.07.03 Procedure
15.07.03.01 Application
15.07.03.02 Submissions
15.07.03.03 To Whom Issued
15.07.03.04 Compliance with Land Use Ordinance
15.07.03.05 Deadline for Decision
15.07.03.06 Copies
15.07.03.07 Other Permits Required
15.07.04 Certificate of Occupancy
SECTION 15.08 STANDARD CONDITIONS
15.08.01 Performance Guarantees
15.08.02 Site Conditions
15.08.03 Acceptance Not Implied
15.08.04 Prohibitions
15.08.05 Sale of Lots
15.08.06 Public Utilities
15.08.07 Maintenance
15.08.08 Modifications
15.08.09 Inspection
15.08.10 Time Frames for Completion
15.08.10.01 Permits
15.08.10.02 Planning Board Approvals
15.08.10.03 Phased Development
15.08.10.03.01 Permissive
15.08.10.03.02 Mandatory
15.08.11 Construction Standards
15.08.12 Transferability
15.08.12.01 Permits
15.08.12.02 Planning Board Approvals
SECTION 15.09 PERFORMANCE GUARANTEES
15.09.01 Required Improvements
15.09.02 Contents of Guarantee
15.09.03 Types of Guarantees
15.09.03.01 Escrow Account
15.09.03.02 Performance Bond
15.09.03.03 Irrevocable Letter of Credit
15.09.03.04 Conditional Agreement
15.09.04 Release of Guarantee
15.09.05 Default
15.09.06 Plant Maintenance Guarantees
SECTION 15.10 ENFORCEMENT
15.10.01 Nuisance
15.10.02 Code Enforcement Officer
15.10.02.01 Authority
15.10.02.02 Enforcement and Notice of Violation
15.10.02.03 Inspection and Investigation
15.10.02.04 Records
15.10.03 Proceedings and Penalties
15.10.03.01 Actions and Consent Agreements
15.10.03.02 Fines and Penalties
15.10.03.03 Suspension or Revocation of Approvals or Permits
15.10.03.04 Attorney's Fees and Costs
SECTION 15.11 APPEALS AND VARIANCES
15.11.01 Board of Appeals
15.11.01.01 Organization
15.11.01.02 Authority
15.11.01.03 Applicability of Law
15.11.02 Variances
15.11.02.01 Authority
15.11.02.02 Application
15.11.02.03 Submissions Generally
15.11.02.04 Hearing
15.11.02.04.01 Published Notice
15.11.02.04.02 Mailed Notice
15.11.02.04.03 Contents of Notice
15.11.02.04.04 Rules
15.11.02.04.05 Representation
15.11.02.04.06 Continuation
15.11.02.04.07 Staff Support
15.11.02.05 Deliberation and Decision
15.11.02.06 Certificate of Variance
15.11.03 Administrative Appeals
15.11.03.01 Authority
15.11.03.02 Application
15.11.03.03 Submissions Generally
15.11.03.04 Hearing
15.11.03.05 Deliberation and Decision
15.11.03 Recording
15.11.04 Failure to Act
15.11.05 Reconsideration
15.11.06 Appeal to Superior Court
15.11.07 Stay of Proceedings
SECTION 15.12 CONSTRUCTION AND DEFINITIONS
15.12.01 Construction of Language
15.12.02 Definitions
CHAPTER 15 LAND USE ORDINANCE
SECTION 15.01 GENERAL
15.01.01 Title
This ordinance and the accompanying zoning map or maps shall be known and may be cited as the Land Use Ordinance of the Town of Veazie, Maine and will be referred to herein as the ordinance.
15.01.02 Authority
This ordinance has been adopted pursuant to Home Rule Powers as provided for in Article VIII, Part Second of the Maine Constitution and 30_A M.R.S.A. §§ 2101 et seq. and pursuant to Title 30-A M.R.S.A. §§ 3001 et seq. and 4352, and Title 38 M.R.S.A. §§ 435 - 449.
15.01.03 Purpose
The purposes of this ordinance are to:
* promote the comfort, convenience, health, safety, and general welfare of the residents of the Town of Veazie in a manner that serves to balance the interests of the general public of Veazie and those of individual property owners;
* give effect to policies and proposals of the Veazie Comprehensive Plan;
* promote the formation of community units;
* guide future growth in the Town of Veazie;
* conserve, protect and enhance the natural, cultural and historic resources of the Town of Veazie;
* provide standards for all types of dwelling units so that all the people of Veazie may have access to decent, sound and sanitary housing in accordance with the goals of the Federal Housing Act of 1949, among which is the provision of adequate zoning to meet a fair share of the Town's housing needs;
* provide an adequate street system;
* promote traffic safety;
* provide standards to control the intensity of development in areas of sensitive or significant natural resources in order to reduce or eliminate adverse environmental impacts;
* provide safety from fire, flood, panic and other dangers;
* provide adequate privacy, light and air;
* protect the tax base by facilitating cost_effective development within the Town of Veazie;
* promote the development of an economically sound and stable community;
* promote economy in local governmental expenditures;
* conserve the values of property throughout the Town of Veazie;
* promote a wholesome home environment;
* encourage the most appropriate use of land throughout the municipality;
* prevent overcrowding of real estate;
* prevent housing development in unsanitary areas;
* promote the coordinated development of unbuilt areas;
* provide an allotment of land area in new developments sufficient for all the requirements of community life;
* provide for adequate public services;
* protect landowners from adverse impacts of adjoining developments;
* protect the environment;
* prevent and control water pollution;
* protect fish spawning grounds, aquatic life, bird and other wildlife habitat;
* protect buildings and lands from flooding and accelerated erosion;
* protect archaeological and historic resources;
* protect wetlands;
* control building sites, placement of structures and land uses;
* conserve shore cover, visual as well as actual points of access to inland coastal and waters;
* conserve natural beauty and open space;
* maintain hydrologic drainage features;
* minimize municipal maintenance costs;
* anticipate and respond to the impacts of development in shoreland areas;
* ensure that all developments and divisions of land comply with the requirements of 30-A M.R.S.A. § 4404, as amended.
15.01.04 Applicability
This ordinance shall apply to all land and structures within the Town of Veazie. All buildings or structures hereinafter constructed, reconstructed, altered, enlarged, or moved, and the uses of buildings and land, including the division of land, in the Town of Veazie, shall be in conformity with the provisions of this ordinance. No building, structure, land or water area shall be used for any purpose or in any manner except as provided for in this ordinance.
15.01.05 Severability
Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other section or provision of this ordinance.
15.01.06 Conflicting Ordinances or Laws
When any provision of this ordinance conflicts with any other provision of this ordinance or with any other Federal, State or local rule, regulation, ordinance, statute or other restriction, the more restrictive provision shall control.
15.01.07 Omitted Uses Prohibited
It is the intent of this ordinance that any use not specifically allowed as a permitted use is specifically prohibited.
15.01.08 Effective Date
This ordinance, or any amendments thereto, shall take effect thirty (30) calendar days following its/their adoption by the Town Council, provided, however, that those portions of this ordinance related to shoreland regulation, or amendments thereto, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of this ordinance or any amendment hereto, attested and signed by the Town Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on the ordinance or amendment within forty-five (45) days of his/her receipt thereof, it shall be deemed approved. Any application to the Town within the forty-five (45) day period for a permit for an activity or development subject to shoreland regulation shall be governed by this
ordinance or any amendment hereto if the ordinance or amendment is approved by the Commissioner. The adoption of this ordinance or any amendment hereto hereby repeals and supersedes all conflicting land use provisions of all ordinances adopted prior to the effective date of this ordinance.
15.01.09 Planning Board
15.01.09.01 Organization
The Board shall consist of five (5) members and two (2) associate members, all of whom shall be residents of Veazie. The members of the Board shall be appointed by the Town Council for staggered terms of three (3) years and the associate members shall be appointed for one (1) year terms. The Board shall annually elect, from among its members, a chairman, vice-chairman and secretary. A person shall forfeit his membership on said Board if he fails to attend three (3) meetings of the Board in any one calendar year without being excused by the Board.
When a member is unable to act because of absence, conflict of interest, physical incapacity, or any other reasons satisfactory to the chairman, the chairman shall designate an associate member to act in his/her stead. When designated by the chairman to act, an associate member shall have all the authority and responsibility of a member but the associate member may not hold any office on the Board.
In the event that a vacancy shall occur with respect to said Board by non_acceptance of appointment, resignation, abandonment, death, disability, incompetency, forfeiture or failure to qualify after written demand from the Town Council, the Town Council shall appoint a resident of Veazie to fill the unexpired term. An associate member may attend all meetings of the Board and participate in its proceedings, but may vote only when he has been designated by the chairman to act for a member.
Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members, excluding the member who is being challenged.
15.01.09.02 Authority
The Planning Board shall have all the authority and be subject to all the duties set out in the provisions of the Maine statutes and this ordinance relating to municipal planning boards or municipal reviewing authorities. The chairman shall call at least one (1) regular meeting of the Board each month. No meeting of the Board shall be held without a quorum consisting of three (3) members or associate members authorized to vote. The Board shall act by majority vote of the members present and voting.
15.01.10 Amendment
15.01.10.01
The Town Council may, on its own initiative or upon the written request of the Planning Board, and shall, on the written petition of a number of registered voters equal to at least ten percent (10%) of the number of votes cast in the Town at the last gubernatorial election, but in no case less than ten (10), consider a proposed amendment to this ordinance.
15.01.10.02
At least ten (10) days prior to the Council's vote on any proposed amendment, the Planning Board shall hold a public hearing on the proposed amendment. The hearing shall take place within thirty (30) days after the Planning Board's receipt of a proposed amendment.
15.01.10.03
Notice of hearing shall be given in the following manner:
15.01.10.03.01 Published Notice
Notice of the hearing shall be published at least two (2) times in a newspaper that complies with 1 M.R.S.A. § 601 that has a general circulation in the Town of Veazie, with the date of the first publication at least fourteen (14) days prior to the hearing date and the date of the second publication at least seven (7) days before the hearing date.
15.01.10.03.02 Posted Notice
Notice of said hearing shall be posted in the municipal office at least fourteen (14) days prior to the hearing date.
15.01.10.03.03 Content of Notice
Notices given pursuant to this section shall be written in plain English, understandable to the average citizen, and shall summarize or state the text of the proposed amendment, identify proponent of the proposed amendment, describe the property involved, state the date, time and place of the hearing, and explain how the recipient of the notice may attend and present evidence.
15.01.10.03.04 Additional Mailed Notice
15.01.10.03.04.01 Contract Zoning
When rezoning is proposed through contract zoning pursuant to Section 15.06, notice shall also be mailed at least fourteen (14) days prior to the hearing by first class mail to the owner of the property to be rezoned and to the owners of all property within five hundred feet (500') of the property to be rezoned. This notice must contain a copy of any agreement, conditions and restrictions with a map indicating the property to be rezoned. The owners of property shall be considered to be those shown on the Town's tax list as the persons against whom taxes are assessed. The Planning Board shall, in each case, maintain a list of property owners so notified. Notice shall be deemed received if mailed to an owner's last known address according to the Town tax records. Failure of any property owner to actually receive notice shall not
necessitate another hearing or invalidate any actions of the Planning Board.
15.01.10.03.04.02 Industrial, Commercial or Retail
When a proposed amendment will, within a geographically specific portion of the Town, have the effect of either prohibiting all industrial, commercial or retail uses where any such uses are currently permitted, or permitting such uses where any such uses are currently prohibited, for each parcel within the Town that is in or abutting the portion of the Town affected by the proposed amendment, notice shall also be mailed at least fourteen (14) days prior to the hearing by first class mail to the owner of each such parcel. This notice must contain a copy of a map indicating the portion of the Town affected by the proposed amendment. Ownership and mailing addresses shall be determined as in the previous paragraph. The municipal officers shall prepare and file with the Town Clerk a written certificate indicating those
persons to whom notice was mailed and at what addresses, when it was mailed, by whom it was mailed, and from what location it was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate.
15.01.10.04
Following a hearing, the Planning Board shall, by majority vote, make a recommendation as to whether the proposed amendment ought to be adopted or ought not to be adopted. The Planning Board's recommendation and its reasons therefore shall be presented to the Town Council in writing at the meeting at which the Council will take action on the proposed amendment.
15.01.10.05
Prior to voting on any proposed amendment, the Town Council may conduct a hearing thereon, with notice of said hearing given in the same manner as prescribed for the adoption of any other ordinance. If the Planning Board recommends a proposed amendment, such amendment may be adopted by a majority vote at a duly constituted meeting of the Town Council. If the Planning Board does not recommend a proposed amendment, such amendment may be adopted only by a two_thirds (2/3) majority vote at a duly constituted meeting of the Town Council.
15.01.11 Availability
A certified copy of this ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability shall be posted at such locations as notices of public meetings are typically posted.
SECTION 15.02 ESTABLISHMENT OF ZONES
15.02.01 Classes of Zones
For purposes of this ordinance, the Town of Veazie is hereby divided into the following general zones:
* Low Density Residential (R-1)
* Urban Residential (R-2)
* Suburban Residential (R-3)
* Residential and Farming (R-4)
* Commercial (C-1)
* Business-Commercial (C-2)
* Industrial (I-1)
* Resource Protection Overlay (RPO)
The Town of Veazie is hereby further divided into the following overlay zones which impose additional or more stringent standards on the general zones on which they are overlaid.
* Open Space Conservation Overlay (OCO)
* Shoreland Limited Residential Overlay (LRO)
* Shoreland Limited Commercial Overlay (LCO)
* Shoreland Limited Industrial Overlay (LIO)
* Stream Protection District Overlay (SPO)
15.02.02 Purposes of Zones
15.02.02.01 General Zones
The primary purposes of the general zone classifications are as follows:
15.02.02.01.01 Low Density Residential
The R-1 Zone is established primarily for contemporary single family dwellings. Other uses permitted in the zone are those which are harmonious in exclusively residential neighborhoods in Veazie.
15.02.02.01.02 Urban Residential
The R-2 Zone is established as a zone for residential use of existing housing and new multifamily housing. Other uses permitted in the zone are those which are harmonious with the traditional pattern of development in residential neighborhoods in Veazie.
15.02.02.01.03 Suburban Residential
The R-3 Zone is established as a zone primarily for contemporary new housing which permits a variety of housing types. Other uses permitted in the zone are those which are harmonious with exclusively residential neighborhoods in Veazie.
15.02.02.01.04 Residential and Farming
Encompassing much of the area removed from the Village Center, the R-4 Zone is intended for the kinds of uses which have traditionally predominated in rural New England: forestry and farming, farm residence, and a scattering of varied uses not inconsistent with a generally open, non-intensive pattern of land use. The minimum lot size requirement is high in order to prevent over-development where public sewers are not feasible and where a full range of urban services cannot be provided economically.
15.02.02.01.05 Commercial
The C-1 Zone is intended primarily for commercial uses to which the public requires easy and frequent access. Centrally located and easily accessible, the zone is intended to encourage the concentration of commercial development to the mutual advantage of customers and merchants.
15.02.02.01.06 Business-Commercial
The intent of the C-2 Zone is to provide for the orderly development of commercial uses, low-impact light industry, and service businesses in a pattern that minimizes adverse impacts on nearby residential zones and on the overall character of the Town.
15.02.02.01.07 Industrial
The I-1 Zone is to provide land which is conveniently located with respect to transportation corridors and municipal and where other conditions are favorable to the development of industry, and which at the same time is so located as to prevent undesirable conflict with residential and other uses. Processing, manufacturing, warehousing and other industrial uses which are not injurious or noxious by reason of noise, smoke, vibration, gas, fumes, odor, dust, fire or explosion hazard are typical permitted uses with site plan approval, but not residential uses. The I-1 Zone includes the following types of areas:
15.02.02.01.07.01
Areas of two (2) or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:
* Areas devoted to manufacturing, fabricating or other industrial activities;
* Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and
* Areas devoted to intensive recreational development and activities such as, but not limited to amusement parks, race tracks and fairgrounds.
15.02.02.01.07.02
Areas otherwise discernable as having patterns of intensive commercial, industrial or recreational uses.
15.02.02.01.08 Resource Protection
The purpose of the RP Zone is to preserve wetlands, stream corridors, areas subject to flooding and other areas in which development would adversely impact water quality, productive habitat, biological ecosystems, or scenic or natural values, and to provide a minimum setback from these significant natural areas. This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the SPO Zone:
15.02.02.01.08.01
Areas within two hundred fifty feet (250'), horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with the Penobscot River which are rated "moderate" or "high" value by the Maine Department of Inland Fisheries and Wildlife.
15.02.02.01.08.02
Flood plains along rivers and flood plains, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency's (FEMA) Flood Hazard Boundary Maps or, in the absence of these, by soil types identified as recent flood plain soils. This zone shall also include 100 year flood plains adjacent to tidal waters as shown on FEMA's Flood Hazard Boundary Maps.
15.02.02.01.08.03
Areas of two (2) or more contiguous acres with sustained slopes of twenty percent (20%) or greater.
15.02.02.01.08.04
Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during normal spring high water. (Inasmuch as these types of areas are not adequately mapped by any Federal, State or local agency, it may not be possible to identify them prior to the detailed evaluation of a specific site.)
15.02.02.01.08.05
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
15.02.02.02 Overlay Zones
The primary purposes of the zones are as follows:
15.02.02.02.01 Open Space Conservation Overlay
The OCO Zone is intended to promote growth management through open space planning. The overlay zone identifies two types of public and private property: (a) land that is currently set aside as open space and is protected from development; and (b) land that falls within an open space green corridor as shown on the overlay map. Owners whose land falls within the green corridor will be encouraged, if and when they develop their land, to preserve open space parcels that contribute to the contiguous green corridor shown on overlay map. The overall goal of the OCO Zone is to preserve open space at both the neighborhood and Town-wide scales in Veazie. Wherever possible, land assigned to the OCO Zone will be made accessible to the public and will be configured to enhance wildlife conservation, aesthetic,
recreational, agricultural and sustainable forestry values.
15.02.02.02.03 Shoreland Limited Residential Overlay
The LRO Zone is intended to protect land in the shoreland zone which is otherwise zoned as a residential zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.04 Shoreland Limited Commercial Overlay
The LCO Zone is intended to protect land in the shoreland zone which is otherwise zoned as a commercial zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.05 Shoreland Limited Industrial Overlay
The LIO Zone is intended to protect land in the shoreland zone which is otherwise zoned as an industrial zone. It includes areas other than those in the RP or SPO Zones.
15.02.02.02.06 Stream Protection Overlay
The SPO Zone includes all land areas within seventy-five feet (75'), horizontal distance, of the normal high water line of a stream, exclusive of those areas within two hundred fifty feet (250'), horizontal distance, of the normal high water line of a river, or within two hundred fifty feet (250'), horizontal distance, or the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within two hundred fifty feet (250'), horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.
15.02.03 Locations of Zones
Zones established by this ordinance are bounded and defined as shown on the official Zoning Map, Zoning Overlays and the official Shoreland Zoning Map of the Town of Veazie, which, together with all notations and explanatory materials contained thereon, are hereby made a part of this ordinance. The official maps shall be signed by the Town Clerk and Chairman of the Planning Board at the time of adoption or amendment of this ordinance, certifying the date of such adoption or amendment, and shall be filed at the municipal offices of the Town of Veazie.
15.02.04 Interpretation of Zone Boundaries
Where uncertainty exists as to boundary lines of districts as shown on the zoning maps, the following rules shall apply:
15.02.04.01
Boundaries indicated as approximately following the center lines of streets, highways, public utilities or railroad rights_of_way shall be construed as following such center lines.
15.02.04.02
Boundaries indicated as approximately following platted lot lines or Town boundaries shall be construed as following such lines.
15.02.04.03
Boundaries indicated as approximately following shore lines of any lake or pond shall be construed as following the mean high water line.
15.02.04.04
Boundaries indicated as approximately following the center lines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses.
15.02.04.05
Boundaries indicated as being parallel to or extensions of features listed above shall be so construed.
15.02.04.06
Distances not specifically indicated on the official map shall be determined by the scale of the map.
15.02.04.07
Where physical or natural features existing on the ground are at variance with those shown on the official map, or in other circumstances where uncertainty exists with respect to the location of a boundary, the Board of Appeals shall interpret the district boundaries, provided, however, that in all cases the determination of any setback from the high water mark shall be determined by actual site measurement.
15.02.05 Division of Lots by District Boundaries
When a single lot in common ownership is transected by a zone boundary, each part of the lot shall be subject to the regulations set forth in this ordinance that apply to the zone in which that part is located, provided, however, that the frontage requirement for the entire lot is met if the front property line meets the frontage requirement for the zone in which it is located.
SECTION 15.03 LAND USE ACTIVITIES AND STANDARDS
15.03.01 Permitted Uses
15.03.01.01 Generally
Uses shall be permitted in each zone only in accordance with the following table. Uses not indicated as permitted, with or without Planning Board, Code Enforcement Officer or Licensed Plumbing Inspector approval, and uses not listed on the table, are expressly prohibited.
KEY TO TABLE:
P = PERMITTED WITHOUT A PERMIT
B = PLANNING BOARD APPROVAL REQUIRED
B1= PLANNING BOARD APPROVAL REQUIRED; CHILD CARE I REQUIRES CODE ENFORCEMENT OFFICER APPROVAL
C = CODE ENFORCEMENT OFFICER APPROVAL REQUIRED
C1= CODE ENFORCEMENT OFFICER APPROVAL REQUIRED; CHILD CARE II REQUIRES PLANNING BOARD APPROVAL
L = LICENSED PLUMBING INSPECTOR APPROVAL REQUIRED
S = SAME AS UNDERLYING ZONE
BLANK = NOT PERMITTED
|
ZO N E S |
OVERLAY ZONES |
USES |
R-1 |
R-2 |
R-3 |
R-4 |
C-1 |
C-2 |
I-1 |
RP |
LRO |
LCO |
LIO |
SPO |
OCO |
Agriculture I |
C |
C |
C |
C |
|
|
P |
|
S |
|
P |
|
P |
Agriculture II |
|
|
|
C |
|
|
P |
|
S |
|
P |
|
P |
Aquaculture |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
Automobile Repair Garage |
|
|
|
|
B |
|
B |
|
|
S |
S |
|
|
Automobile Service Station |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Boarding, Lodging or Rooming |
|
B |
|
B |
|
|
|
|
S |
|
|
|
|
Campground |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Cemetery |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Child Care I |
C |
C |
C |
C |
|
|
|
|
S |
S |
|
|
S |
Child Care II |
B |
B |
B |
B |
|
|
|
|
S |
S |
|
|
S |
Child Care III |
|
|
|
|
B |
|
|
|
|
|
|
|
|
Church |
|
B |
B |
|
|
|
|
|
S |
|
|
|
|
Clearing vegetation for approved construction and uses |
P |
P |
P |
P |
P |
P |
P |
C |
P |
P |
P |
C |
P |
Cluster Subdivisions |
B |
B |
B |
B |
|
B |
B |
|
S |
S |
S |
|
S |
Commercial Establishment |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Communications Facility |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
|
|
S |
Condominiums |
|
|
B |
|
|
|
|
|
S |
|
|
|
|
Conversions of seasonal residences to year round use |
L |
L |
L |
L |
L |
|
|
|
L |
L |
|
|
L |
Dwelling, Multifamily I |
|
B |
B |
B |
|
|
|
|
S |
|
|
|
|
Dwelling, Multifamily II |
|
B |
|
|
|
|
|
|
S |
|
|
|
|
Dwelling, Single Family |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Dwelling, Two Family |
|
C |
C |
|
|
|
|
|
S |
|
|
|
|
Emergency Operations |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Essential Services, Construction of |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
Expansion of Conforming Use or Structure by the lesser of 20% area OR 1000 sq.ft.)/5 yrs |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Filling and earthmoving > 10 cubic yards |
C |
C |
C |
C |
C |
C |
C |
B |
C |
C |
C |
B |
S |
Filling and earthmoving 10 cubic yards |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
C |
S |
Fire Prevention Activities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Food Processing Facility |
|
|
|
|
|
|
B |
|
|
|
B |
|
|
Forest Management Activities |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Government Facilities |
|
B |
B |
|
B |
B |
B |
|
S |
S |
S |
|
|
Greenhouse, Noncommercial |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Harvesting Wild Crops |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Home Occupation I |
C1 |
C1 |
C1 |
C1 |
|
|
|
|
S |
S |
|
|
S |
Home Occupation II |
|
B1 |
|
B1 |
|
|
|
|
S |
S |
|
|
|
Hospital |
|
|
|
|
B |
|
B |
|
|
S |
|
|
|
Industrial |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
Kennel, Noncommercial |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Medical Clinics |
|
|
|
|
B |
B |
|
|
|
S |
|
|
|
Mineral Exploration |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Mineral(including sand & gravel) Extraction |
|
|
|
B |
|
|
B |
|
S |
|
S |
|
|
Mobile Home Parks |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Motorized vehicular traffic on existing roads and trails |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Municipal Facilities |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
S |
|
|
Newspaper Printing Plant |
|
|
|
|
|
B |
B |
|
|
S |
S |
|
|
Normal Repair and Maintenance |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Nursing Home |
|
B |
|
B |
B |
|
|
|
S |
S |
|
|
|
Parking Garage |
|
|
|
|
B |
|
|
|
|
S |
|
|
|
Parking Lot |
|
|
|
C |
C |
C |
C |
|
S |
C |
C |
|
|
Passive Recreation |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Private Club |
|
B |
|
|
B |
|
|
|
S |
S |
|
|
|
Private Sewage Disposal Systems for Allowed Uses |
L |
|
L |
L |
|
|
L |
|
L |
|
L |
|
S |
Professional Office Building |
|
|
|
B |
B |
B |
|
|
S |
S |
|
|
|
Public Utility |
B |
B |
B |
B |
B |
B |
B |
|
S |
S |
S |
|
|
Recreational Areas with Minimal Structural Development |
C |
C |
C |
C |
|
|
|
|
S |
|
|
|
S |
Research Laboratory |
|
|
|
|
B |
B |
B |
|
|
S |
S |
|
|
Road and Driveway Construction |
C |
C |
C |
C |
C |
C |
C |
|
S |
S |
S |
|
S |
Roadside Stands |
|
|
C |
C |
|
|
|
|
S |
|
|
|
S |
Sawmill, Permanent |
|
|
|
|
|
|
B |
|
|
|
S |
|
|
School, Private |
|
B |
B |
B |
B |
|
|
|
S |
S |
|
|
|
Service Drops to Allowed Uses |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Service Establishment |
|
|
|
|
|
B |
|
|
|
S |
|
|
|
Signs |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
Small Nonresidential Facilities for Education, Scientific or Nature interpretation |
C |
C |
C |
C |
C |
C |
C |
B |
C |
C |
C |
B |
B |
Soil and Water Conservation |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Stables, Commercial) |
|
|
|
B |
|
|
|
|
S |
|
|
|
|
Subdivisions |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
B |
Surveying & Resource Analysis |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
Timber Harvesting 20 Cords Per Year |
P |
P |
P |
P |
P |
P |
P |
C |
S |
S |
S |
C |
C |
Timber Harvesting > 20 Cords Per Year |
C |
C |
C |
C |
C |
C |
C |
C |
S |
S |
S |
C |
C |
Transient Accommodations |
|
B |
|
B |
B |
|
|
|
S |
S |
|
|
|
Transportation Facilities |
|
B |
|
|
C |
B |
C |
|
S |
S |
S |
|
|
Undertaking Establishment |
|
B |
|
|
|
|
|
|
S |
S |
|
|
|
Veterinary Hospital |
|
|
|
|
B |
B |
|
|
|
S |
|
|
|
Water Related Structures, Permanent |
|
|
|
|
|
|
B |
B |
|
|
S |
|
|
Water Related Structures, Temporary |
|
|
|
|
|
|
C |
C |
|
|
S |
|
|
Wholesale Marketing |
|
|
|
|
|
B |
B |
|
|
|
S |
|
|
Wildlife Management Practices |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
15.03.01.02 Accessory Uses and Structures
Uses or structures accessory to permitted uses and structures are permitted in the same zones as the permitted uses or structures, subject to the same review requirements as the permitted uses or structures. If it is the explicit or implicit intent of this ordinance that there shall be minimal or no structural development in a particular zone, all accessory structures shall be subject to the same limitation.
15.03.01.03 Performance Standards
All land use activities permitted in accordance with the table above, regardless of whether they require a permit or approval from the Planning Board, Code Enforcement Officer or Licensed Plumbing Inspector, shall comply with all applicable standards set forth in this section and in Sections 15.05.09, 15.05.10, 15.05.11 and 15.08.
15.03.02 Lot Development Standards
All distances and heights in this section, unless otherwise stated, are in feet.
15.03.02.01 Low Density Residential (R-1)
Minimum lot size: 15,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.02 Urban Residential (R-2)
Minimum lot size: for residences, 15,000 square feet for one dwelling unit plus 4,000 square feet per dwelling unit for each additional dwelling unit up to four plus 5,250 square feet per dwelling unit over four; for other uses, 12,000 square feet
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 20 except that accessory structures may be 10
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.03 Suburban Residential (R-3)
Minimum lot size: 15,000 square feet
Minimum road frontage and lot width: 90 plus 10 for each dwelling unit over one
Minimum front setback: 20 except that accessory structures may be 10
Minimum side setback: 10
Minimum rear setback: 20 except that accessory structures may be 10
Maximum lot coverage: 30%
Maximum height: 35
Open space ratio for subdivision: 30% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum density in cluster subdivisions: 3 dwelling units per acre
Maximum density for multifamily dwellings: 8 dwelling units per acre
15.03.02.04 Residential and Farming (R-4)
Minimum lot size: 40,000 square feet (must meet applicable septic codes)
Minimum road frontage: 90
Minimum lot width: 90
Minimum front setback: 30
Minimum side setback: 15
Minimum rear setback: 30
Maximum lot coverage: 25%
Maximum height: 35
Open space ratio for subdivision: 40% of parcel being subdivided
Maximum gross density in subdivision: 1 dwelling unit per acre of buildable area
Maximum net density in cluster subdivisions: 3 dwelling units per acre of net buildable area (not to exceed maximum gross density)
Maximum net density for cluster subdivisions and multifamily dwellings: 4 dwelling units per acre of net buildable area (not to exceed maximum gross density)
15.03.02.05 Commercial (C-1)
Minimum lot size: 10,000 square feet
Minimum road frontage and lot width: 90
Minimum front setback: 10
Minimum side setback: 10
Minimum rear setback: 10
Maximum lot coverage: 60%
Maximum height: 35
15.03.02.06 Business-Commercial (C-2)
Minimum lot size: 40,000 square feet
Minimum road frontage and lot width: 90
Minimum front setback: 10Minimum side setback: 10
Minimum rear setback: 10
Maximum lot coverage: 60%
Maximum height: 35
15.03.02.07 Industrial (I-1)
Minimum lot size: 43,560 square feet
Minimum road frontage and lot width: 50
Minimum front setback: 25
Minimum side setback: 15, provided that the side setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Minimum rear: 25, provided that the rear setback shall be increased by one (1) foot for every two (2) feet of building or structure height above fifteen (15) feet
Maximum lot coverage: 60%
Maximum height: 35
15.03.02.08 Resource Protection (RP)
Minimum lot size: 15,000
Minimum road frontage and lot width: 90
Minimum front setback: 20
Minimum side setback: 10
Minimum rear: 20
Maximum lot coverage: 20%
Maximum height: 35
15.03.02.09 Shoreland Overlay Zones
The lot development standards in a shoreland overlay zone are the same as the standards for the underlying zone except as provided herein.
Minimum lot size: Same as underlying zone; or 30,000 square feet per residential dwelling unit within the shoreland zone adjacent to tidal areas; or 60,000 square feet per governmental, institutional, commercial or industrial structure adjacent to non-tidal areas; or 40,000 square feet for all other uses or structures; whichever is greatest
Minimum shore frontage: Same as underlying zone; or 150 per residential dwelling unit adjacent to tidal areas; or 300 per governmental, institutional, commercial or industrial structure adjacent to non-tidal area; or 200 for all other uses or structures; whichever is greatest; provided that no lot adjacent to the Penobscot River shall have a frontage of less than 200 feet
SECTION 15.04 NONCONFORMITY
15.04.01 Defined
A legally existing (grandfathered) nonconforming lot, structure or use is a lot, structure or use that lawfully existed immediately prior to the enactment of this ordinance, or any subsequent amendment, and which, as a result of the enactment of this ordinance, or any subsequent amendment, presently fails to comply with the use restrictions and lot standards for the zone in which it is located. Any other lot, structure or use that fails to comply with any of the requirements of this ordinance or its amendments is an illegal nonconformity.
15.04.02 General Policies
15.04.02.01
All nonconformities shall be encouraged to convert to conformity whenever possible and, when required by this ordinance, shall convert to conformity.
15.04.02.02
Any nonconformity not expressly allowed to exist by this section is hereby deemed illegal and shall cease or be corrected immediately.
15.04.02.03
The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be upon the owner of such nonconformity and not upon the Town of Veazie.
15.04.02.04
Any legally existing nonconformity may be transferred and the new owner may, subject strictly to the requirements of this section, continue such nonconformity, provided, however, that nothing contained herein shall be construed to permit any person or entity to occupy or use any lot or structure or to continue any use in violation of any other Federal, State or Municipal statute, ordinance or regulation.
15.04.02.05
Once converted to conformity, no lot, structure or use shall revert to nonconformity.
15.04.02.06
Nothing herein shall require any change in the plans, construction, size or designated use for any building, structure or part thereof for which a completed application for a local permit is pending, or for which a permit has been issued and upon which construction has been lawfully commenced, prior to the adoption of this ordinance or any amendment.
15.04.02.07
Nothing in this ordinance shall be construed to prohibit the normal upkeep and maintenance of nonconforming uses or structures that do not involve the expansion of the use or structure and which are
necessary to ensure compliance with Federal, State or local building and safety regulations.
15.04.03 Nonconforming Uses of Land or Structures
The use of any land or structure which is made nonconforming as a result of the enactment of this ordinance, or any subsequent amendment, may be continued, but only in strict compliance with the following:
15.04.03.01
No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than such use occupied when it became nonconforming, provided that nonconforming residential uses may be expanded within existing residential structures or within expansions of such structures as permitted by Section 15.04.04.01.
15.04.03.02
Except as provided in the preceding paragraph, no existing structure devoted partially or entirely to a nonconforming use shall be extended or enlarged.
15.04.03.03
Any legally existing nonconforming use of land or a structure may be changed to another nonconforming use provided that the Planning Board:
15.04.03.03.01
finds that the proposed use will have no greater adverse impact on the subject and adjacent properties and resources, including water dependent uses, than the existing use (In determining that no greater adverse impact will occur, the Planning Board, in dealing with uses in resource protection, shoreland limited residential, shoreland limited commercial and stream protection zones, shall at a minimum, require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water_dependent uses.);
and
15.04.03.03.02
grants site plan approval upon a finding that the proposed use meets all standards set forth in Section 15.05 except those that cause the existing use to be nonconforming.
15.04.03.04
If any nonconforming use of land or a structure ceases or is discontinued for any reason for a period of twelve (12) or more consecutive months, any subsequent use of such land or structure shall conform to the requirements of this ordinance in all respects.
15.04.03.05
A nonconforming use or a conforming structure housing a nonconforming use may be moved within a lot provided that the Planning Board finds that the proposed new location and design are more appropriate than the current location.
15.04.04 Nonconforming Structures
Any structure which is made nonconforming as a result of this ordinance, or any subsequent amendment, may be continued, but only in strict compliance with the following:
15.04.04.01
No structure shall be enlarged, altered or extended in any way that increases its nonconformity. Any enlargement, alteration or extension that does not project past existing walls, foundations or eaves that already encroach into the required setback area shall not be considered to increase a structure's nonconformity. However, the following limitations shall apply to nonconforming structures in any shoreland zone:
15.04.04.01.01
Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided that:
15.04.04.01.01.01
the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, considering the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and on other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed; and
15.04.04.01.01.02
the foundation does not cause the structure to be elevated by more than three (3) additional feet.
15.04.04.01.02
Notwithstanding the provisions of section 15.04.04.01, no structure which is less than the required setback from the normal high water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland, nor may any portion of such structure which is less than the required setback be expanded in floor area or volume by thirty percent (30%) or more during
the lifetime of the structure.
15.04.04.02
Any existing legally nonconforming structure may be maintained and repaired or may be razed or unintentionally demolished and rebuilt up to the dimensions of the structure that was razed or demolished plus any enlargements, alterations or extensions permitted by section 15.04.04.01, provided rebuilding is begun within one (1) year and completed within two (2) years, provided further, however, that for any nonconforming structure which is located less than the required setback from any property line or from the normal high water line of a water body, tributary stream, or upland edge of a wetland, any rebuilding shall comply with the applicable setback requirements to the greatest practical extent as determined by the Planning Board. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity or to be
closer than five feet (5') to a property line. All repairs or construction shall be done pursuant to a site plan approval or a permit, as may be required in the zone in which the structure is located, and shall comply, in all other respects, with the requirements of this ordinance except those that cause the nonconformity.
In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on_site soils suitable for septic systems, the type and amount of vegetation to be removed to accomplish the reconstruction, and the physical condition and type of foundation present, if any.
Any nonconforming structure which is located less than the required setback from the normal high water line of a water body, tributary stream, or upland edge of a wetland and which is damaged or destroyed by fifty percent (50%) or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit, from the Code Enforcement Officer.
15.04.04.03
A nonconforming structure may be relocated within the boundaries of the lot on which the structure is located provided that the Planning Board finds that the proposed new location and design are more appropriate than the current location; provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules , or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on_site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
15.04.04.04
The use of a nonconforming structure located in any shoreland district may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body or wetland, or on the subject or adjacent properties and resources than the existing use. Any new use established in a nonconforming structure shall be subject to site plan review or a permit from the Code Enforcement Officer if otherwise required by this ordinance.
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water_dependent uses.
15.04.05 Nonconforming Lots
15.04.05.01
Notwithstanding any other provision of this ordinance, in any district in which single family residences are permitted, a single family residence and customary accessory structures may, without the need for a variance, be built upon a single, vacant parcel of land, the legal description or dimensions of which are recorded on a document or map on file at the Penobscot County Registry of Deeds, which, at the effective date of this ordinance or any amendment, does not meet the lot area, frontage or width requirements, of the district in which it is located, and which does not adjoin another vacant parcel in common ownership, but only subject to the following:
15.04.05.01.01
Such building or construction shall, in all other respects, comply with the provisions of this ordinance.
15.04.05.01.02
No construction shall be commenced until the owner demonstrates to the satisfaction of the Code Enforcement Officer that there is reasonable access to the site for emergency vehicles.
15.04.05.02
Two (2) or more contiguous nonconforming vacant parcels of land in common ownership shall be consolidated to form one (1) or more lots conforming so far as possible to the lot standards of the zone in which the parcels are located. If at least one (1) fully conforming lot may be formed, no nonconforming lot or lots shall be formed or allowed to remain and the contiguous parcels shall, for purposes of this ordinance be treated as one (1) lot which shall not be divided. If no combination of the contiguous parcels can form at least one (1) fully conforming lot, then all of the contiguous parcels shall, for purposes of this ordinance be treated as one (1) lot which shall not be divided.
15.04.05.03
One (1) or more vacant parcels of land that adjoin a nonconforming lot in common ownership containing a building or structure shall be consolidated with the improved lot to the extent necessary to bring the improved lot into conformity so far as possible with the dimensional requirements of this ordinance. If the remaining portion of the vacant parcels constitutes a conforming lot, said remaining portion shall constitute a separate lot. Otherwise, the vacant parcel(s) and the improved lot shall constitute one (1) lot and shall not be divided.
15.04.05.04
If two (2) or more contiguous nonconforming lots in common ownership of record at the time of the adoption of this ordinance each contain a principal use or structure, the nonconforming lots may be conveyed separately or together provided that the Veazie minimum lot size regulation and Subsurface Wastewater Disposal Rules are complied with. Otherwise, such lots shall remain in common ownership.
SECTION 15.05 SITE PLAN REVIEW
15.05.01 Purpose
The purpose of site plan review is to ensure that development requiring such review will be done in compliance with this ordinance.
15.05.02 Site Plan Review Required
Except as provided in the following paragraph, site plan review and approval by the Planning Board shall be required for:
* Any use designated in Section 15.03 as requiring site plan review;
* Construction or external enlargement of any building or structure devoted to a use requiring site plan approval;
* Creation of any subdivision as defined by the laws of the State of Maine.
15.05.03 Site Plan Review Not Required
Unless specifically required by Section 15.03, site plan review shall not be required for uses designated in Section 15.03 as requiring only a permit from the Code Enforcement Officer or as requiring no permit at all.
15.05.04 Compliance With State Law
The procedure described in this section has been developed to comply with municipal review procedures mandated by State law. However, if additional State mandates are enacted subsequent to the adoption or amendment of this ordinance, such mandates shall supplement or supersede the procedure set forth herein and no approval will be granted until there has been compliance with such additional mandates.
15.05.05 Preapplication Sketch Plan (Subdivisions Only)
15.05.05.01 Contents
Prior to requesting a review of a proposed subdivision plan, and pursuing the procedure set forth in Section 15.05.06, an applicant shall submit to the Code Enforcement Officer a preapplication sketch which shall show, in simple sketch form, the proposed layout of the streets, lots, buildings, structures and other features in relation to existing conditions. The sketch plan, which may be a free_hand pencilled sketch, shall describe or outline the existing conditions of the site and the proposed development, shall be superimposed on or accompanied by a copy of the Assessor's map of the site and shall be accompanied by
* a copy of that portion of a U.S.G.S. topographic map encompassing the site, showing an outline of the proposed subdivision;
* any written request for the waiver of submissions;
* a summary of existing structures on the subject property;
* a medium intensity soil survey and soil interpretation sheets;
* a summary of available community facilities and utilities;
* a description of the subdivision proposal including the number of residential lots or dwelling units, typical lot width and depth, price range of lots, business areas, playgrounds, park areas and other public areas, required open space set aside areas, proposed protective covenants, and proposed utilities and street improvements; and
* the names and addresses of all property owners within five hundred feet (500') of the property being subdivided.
15.05.05.02 Fee
Each preapplication sketch plan shall be accompanied by an administrative fee and a notice fee, which fees shall, from time to time, be set by the Veazie Town Council.
15.05.05.03 Time
In order to guarantee placement on an agenda, a preapplication sketch plan, together with supporting documentation, shall be submitted to the Code Enforcement Officer at least fifteen (15) days prior to the Planning Board meeting at which the applicant wishes to have the sketch plan reviewed by the Planning Board and the Planning Board shall review a sketch plan within forty (40) days following its submission to the Code Enforcement Officer.
15.05.05.04 Form
A preapplication sketch and supporting documentation, together with a form provided by the Code Enforcement Officer, shall be submitted in the form and quantity described in Section 15.05.07.02 except that each submission shall be conspicuously labeled "SKETCH PLAN EXHIBIT 1", "SKETCH PLAN EXHIBIT 2", and so on, in consecutive fashion.
15.05.05.05 Notice of Review of Sketch Plan
Prior notice of the Planning Board's review of a sketch plan shall be given in accordance with Sections 15.05.06.07.02 and 15.05.06.07.03.
15.05.05.06 Review of Sketch Plan
At the time of its review of a preapplication sketch plan, the Planning Board shall entertain brief public comment on the proposal for the limited purpose of informing the applicant of the nature of any public concerns about the project so that such concerns may be considered by the applicant in preparing his/her application. Upon its review of a preapplication sketch plan, the Planning Board shall:
* make specific suggestions to be incorporated by the applicant in subsequent submissions;
* act on the applicant's request for submission waivers, if any.
The Planning Board shall inform the applicant of the foregoing within ten (10) days of its review of a preapplication sketch plan.
15.05.05.07 Rights Not Vested
The submission or review of or public comments about a preapplication sketch plan or the conduct of a site inspection shall not be construed to be a substantive review of the proposed subdivision as defined by 1 M.R.S.A. § 302. No application for subdivision review shall be deemed pending until the Planning Board has determined the subdivision application to be complete.
15.05.06 Review Procedure
15.05.06.01 Preapplication Meeting
In order to guarantee placement on an agenda, at least ten (10) days prior to submitting an application for site plan review to the Planning Board, an applicant shall meet with the Code Enforcement Officer for the purpose of reviewing the application. Following such meeting, the applicant may either revise the application in accordance with any recommendations of the Code Enforcement Officer and thereafter repeat this step or may request that the application be submitted to the Planning Board.
15.05.06.02 Submissions Generally
At such time as an applicant requests an application be submitted to the Planning Board, the applicant shall pay all fees required by Section 15.05.07 and shall provide to the Code Enforcement Officer ten (10) copies of all application materials, including all plans and supporting documentation that are submitted as part of the review process. Beginning with the application form provided by the Code Enforcement Officer, each submission shall be conspicuously labeled "APPLICANT'S EXHIBIT 1", "APPLICANT'S EXHIBIT 2", and so on, in consecutive fashion. Each submission consisting of more than one page shall be clearly paginated and stapled together. All submissions provided by an applicant at any later stage of the review process shall be provided in the same quantity and shall be similarly labeled, paginated and
stapled.
15.05.06.03 Receipt and Notice
Upon receipt of all required fees and the requisite number of copies of application materials, the Code Enforcement Officer shall issue the applicant a dated receipt, shall give notice of the receipt of an application in accordance with Sections 15.05.06.07.02 and 15.05.06.07.03 and shall submit the application to the Planning Board not later than thirty (30) days thereafter.
15.05.06.04 Completeness Review
Within thirty (30) days of the Code Enforcement Officer's receipt of an application, the Planning Board shall conduct an initial review for the sole purposes of (1) determining whether the application is complete; (2) establishing the initial amount of any technical assistance fee to be assessed pursuant to Section 15.05.07.04; and (3) scheduling a date for a site inspection by a member or members of the Planning Board. If the application is deemed complete, it shall be deemed pending and the Planning Board shall set the matter for a public hearing to take place within thirty (30) days of the initial review. If the application is deemed incomplete, the Planning Board shall, within ten (10) days, notify the applicant, in writing, of the specific additional material needed to complete the application. Upon the
applicant's submission of such additional material, this step shall be repeated.
15.05.06.05 Waiver of Submission Requirements
At the time of the completeness review, the Planning Board shall, at the applicant's request, attempt to clarify any of the procedural requirements of this ordinance and shall act on any request to waive any of the submission requirements set forth in Section 15.05.08. The Planning Board may, for good cause shown, and only upon the written request of an applicant specifically stating the reasons therefor, waive any submission requirement provided such waiver will not unduly restrict the review process. The Planning Board may condition a waiver on the applicant's compliance with alternative submission requirements. Good cause may include the Board's finding that particular submissions are inapplicable, unnecessary, or inappropriate for a complete review. Notwithstanding the waiver of a submission requirement, the Planning Board may, at
any later point in the review process rescind such waiver if it appears that the submission previously waived is necessary for an adequate review. A request by the Board for a submission previously waived shall not affect the pending status of an application. Refusal of the Planning Board to grant a waiver shall require the applicant to submit the material for which a waiver was denied and to repeat the procedures outlined in Sections 15.05.06.01 and 15.05.06.04. In no event shall an application be deemed to be pending until and unless it has been deemed to be complete nor shall the Planning Board conduct a substantive review, a review of the application to determine whether it complies with the standards set forth in this ordinance and with other applicable requirements of law, until the application has been deemed complete.
15.05.06.06 Site Inspection
15.05.06.06.01 Inspection
Prior to conducting a hearing on any application for site plan approval the Planning Board shall designate one
or more of its members to inspect the site of the proposed development.
15.05.06.06.02 Flagging
Prior to the site inspection for any subdivision, the applicant shall place flagging along the centerlines of any proposed streets, at the approximate intersections of street centerlines and at all corners of proposed lots. Failure of the applicant to place such flagging in a timely fashion shall delay a scheduled site inspection.
15.05.06.06.03 Not a Public Proceeding
A site inspection shall not constitute a public proceeding as defined by 1 M.R.S.A. § 402(2). Planning Board members shall not discuss the merits of a proposed development at the time of a site inspection but may make inquiries of the owner or developer reasonably calculated to develop a better understanding of the site.
15.05.06.07 Hearing Procedure
Within thirty (30) days of the Planning Board's certification that an application is complete, the Planning Board shall conduct a public hearing in order to obtain input on the application relative to the standards contained in this ordinance. The hearing shall be conducted in accordance with the following:
15.05.06.07.01 Published Notice
Notice of the hearing shall be published in a newspaper of general circulation in the Town of Veazie at least two (2) times with the date of the first publication at least ten (10) days prior to the hearing date.
15.05.06.07.02 Mailed Notice
At least ten (10) days prior to the hearing date, written notice of said hearing shall also be mailed to the applicant, to the owners of all property within five hundred feet (500') of the property in question, to the Chairpersons of the Veazie Town Council and the Veazie Conservation Commission, to the Superintendent of Schools, the Orono-Veazie Water District, the Veazie Sewer District, and, if the proposed development is within five hundred feet (500') of a Town line, to the Town Clerk and Chairperson of the Planning Board of the adjacent Town. The owners of property shall be considered to be those shown on the Town's tax list as the persons against whom taxes are assessed. The Planning Board shall, in each case, maintain a list of property owners so notified. Notice shall be deemed received if mailed to an owner's last known address
according to the Town tax records. Failure of any property owner to actually receive notice shall not necessitate another hearing or invalidate any actions of the Planning Board.
15.05.06.07.03 Content of Notice
Notice of said hearing shall identify the applicant and the property involved, describe the specific nature of the proposal, state the date, time and place of the hearing, and explain how the recipient of the notice may attend and present evidence.
15.05.06.07.04 Additional Evidence
At least two (2) days prior to the public hearing, any other person wishing to present documentary evidence to the Planning Board, shall provide to the applicant and Code Enforcement Officer copies of all such evidence in form and quantity described in Section 15.05.06.02 except that each submission shall be conspicuously labeled with that person's surname followed by "EXHIBIT 1" "EXHIBIT 2", and so on, in consecutive fashion.
15.05.06.07.05 Rules
Said hearing shall be conducted according to rules adopted by the Planning Board.
15.05.06.07.06 Presence of Applicant
The applicant or his/her duly authorized representative shall attend the hearing to explain and discuss the application.
15.05.06.07.07 Representation
At any hearing any party, including any member of the public or any applicant, may be represented by an agent or attorney provided, however, that if any party is not present, any person acting as that party's agent or attorney shall provide written evidence of such authority.
15.05.06.07.08 Burden of Proof
In all instances, the burden of proving that the proposed development will comply with all applicable provisions of this ordinance shall be upon the applicant.
15.05.06.07.09 Continuation
Any hearing may be continued or recessed to another time for good cause shown.
15.05.06.07.10 Staff Support
The Code Enforcement Officer, Town Manager or Town Department Heads may attend all hearings and present to the Planning Board plans, photographs or other materials they deem appropriate for the clearer understanding of a pending application.
15.05.06.08 Deliberation and Decision
Within thirty (30) days after the public hearing on an application, the Planning Board shall deliberate to determine whether the proposed plan complies with all applicable review standards set forth in Sections 15.05.09, 15.05.10 and 15.05.11. If the Planning Board finds that the proposed plan complies with all such standards it shall issue an order granting site plan approval subject to the applicant's providing to the Town of Veazie a performance guarantee in accordance with Section 15.09, to the standard conditions set forth in Section 15.08 and to such other reasonable terms and conditions, including the provision by the applicant of improvements not located on the proposed development site, that the Board considers advisable to ensure compliance with site plan review standards or to protect the public's health, safety, or general
welfare. If the Planning Board finds that the proposed plan does not comply with all applicable review standards, it shall issue an order denying site plan approval. In either case the Planning Board shall, within ten (10) working days after the completion of its deliberations, issue specific written findings of fact supporting its decision.
15.05.06.09 Variance of Standards
The Planning Board may, only upon the written request of an applicant specifically stating the reasons therefor, vary the site plan review standards when necessary to protect the public health, safety, or welfare or to address particular site characteristics. In no event shall the Planning Board grant a variance that has the effect of altering or nullifying the purpose or intent of municipal zoning, the Comprehensive Plan, or any provision of Section 15.03 of this ordinance.
15.05.06.10 Other Permits
The granting of site plan approval does not relieve the applicant from the need to obtain any other permits or approvals required prior to the commencement of any activity or use described in Section 15.05.02. Such other required permits or approvals may include, but are not limited to, subdivision approval, buildings, plumbing and electrical permits, licenses granted pursuant to 38 M.R.S.A. Section 1022, Maine Department of Environmental Protection and United States Army Corps of Engineers' approvals, subsurface wastewater disposal permits, sewer connection permits, Maine Department of Transportation approvals, and the like. The fact that the applicant may have obtained or may have been granted such permits or approvals prior to site plan review may be considered by the Planning Board as evidence as to the plan's compliance with applicable
review standards, but shall not be deemed conclusive evidence as to compliance.
15.05.06.11 Recording
All proceedings of the Planning Board, including public hearings and deliberations, but except proceedings legally conducted in executive session, shall be electronically or stenographically recorded.
15.05.06.12 Failure to Act
Failure of the Planning Board to act within any of the time requirements set forth herein shall constitute a denial of the application.
15.05.06.13 Signing and Recording of Subdivision Plan
Upon the approval of a subdivision plan or a revised subdivision plan the Planning Board shall sign and date both reproducible copies of the final plan, one of which shall be retained by the Code Enforcement Officer and one of which shall be returned to the applicant for recording in the Penobscot County Registry of Deeds. Within ninety (90) days of the date when a plan is signed by the Planning Board the applicant shall provide the Code Enforcement Officer with proof of recording or the plan shall become null and void.
No revised subdivision plan shall be signed by the Planning Board unless the plan clearly states the index of the original plan and that it supersedes that plan.
15.05.06.14 Revision of Approved Plan
15.05.06.14.01 Revision Without Approval Prohibited
Any revision of an approved site plan must, prior to such revision, be approved by the Planning Board. Any revision made without prior approval is prohibited and shall void the original approval.
15.05.06.14.02 Procedure
Subject to the limitations of this section, all revisions of an approved plan, whether a subdivision or other use or structure requiring site plan approval, shall be reviewed as a new application.
15.05.06.14.03 Application
An application for the revision of an approved plan shall comply with the requirements of new applications and shall identify and include a copy of the previously approved plan, state the name of the developer and the date of approval of the previously approved plan. The Planning Board, at the written request of the applicant, may limit the required application submissions to that information necessary to determine whether the proposed revisions will meet the applicable standards.
15.05.06.14.04 Scope of Review
The scope of the Planning Board's review in considering a proposed revision to a previously approved plan shall be limited to those portions of the development for which changes are proposed.
15.05.07 Fees
15.05.07.01 General
No application for site plan review shall be deemed complete until the applicant has paid all fees as required by this section. All fees shall be payable to the Town of Veazie and shall be for the cost of processing the site plan review application and, except as otherwise specifically provided, shall not be refundable regardless of the final decision to grant or deny site plan approval.
15.05.07.02 Administrative and Notice Fees
Each application for site plan review shall be accompanied by an administrative fee and a public notice fee, which fees shall, from time to time, be set by the Veazie Town Council.
15.05.07.03 Late Fees
Each application for site plan review submitted after a violation of this ordinance has occurred on the property in question shall be accompanied by a late fee which shall, from time to time, be set by the Veazie Town Council.
15.05.07.04 Technical Assistance Fees
Because of the complexity of development requirements today, it is often desirable for the Town to employ independent expert assistance in reviewing a development. Therefore, in addition to the other fees that are otherwise imposed by this ordinance, the Town shall assess to an applicant fees sufficient to cover one hundred percent (100%) of its costs related to independent geotechnical, hydrologic, engineering, planning, architectural, legal and similar professional consulting costs, subject to the following limitations:
15.05.07.04.01
Such consultation shall be limited to reasonable and necessary review or inspection that exceeds the expertise of the Planning Board or its ability to review the application materials or to inspect the project within reasonable time limits or within such limits as are otherwise established by this ordinance or by law.
15.05.07.04.02
Such fees shall be assessed only to recover costs directly associated with review of the application submitted by the applicant to whom they are assessed or with the inspection of the work prosecuted by such applicant pursuant to said application.
15.05.07.04.03
Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review or inspection.
15.05.07.04.04
The results of any consultation for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town of Veazie and shall remain its property.
15.05.07.04.05
Such fees shall be assessed for the privilege of pursuing an activity requiring site plan approval and shall be payable without regard to the decision rendered on the application or to the consultation results.
15.05.07.04.06
Within fifteen (15) days of an application for site plan review being determined complete, an applicant shall establish with the Town a non_interest bearing escrow account to guarantee payment of actual fees pursuant to this section. The original deposit into said account shall be in the amount set forth in the following paragraph. If the balance of the account shall be drawn down by seventy_five percent (75%), the Town shall notify the applicant and require that an additional amount, reasonably estimated to cover the cost of the remaining review or inspection, be deposited therein. The Town shall continue to notify the applicant and require an additional amount to be deposited each time the account is drawn down to less than twenty_five percent (25%) of the original deposit.
15.05.07.04.07
The sum that an applicant shall originally deposit into said escrow account shall be determined according to a schedule that shall, from time to time, be established by the Veazie Town Council.
15.05.07.04.08
Upon the denial of site plan approval, or upon an applicant's completion of a project, the Town shall provide the applicant with an accounting of expenditures from said escrow account and shall return to the applicant any unused portion of the funds originally deposited. In the event that the amount originally deposited in said escrow account is insufficient to cover all costs incurred by the Town, and directly and reasonably related to said review and inspection, the applicant shall pay to the Town the difference between the amounts the applicant has already paid and the amount ultimately expended.
15.05.07.04.09
In lieu of the establishment of an escrow account as aforesaid, an applicant may provide the Town with a letter of credit, in form and content satisfactory to the Town Attorney, to ensure payment of one hundred percent (100%) of the estimated costs to be incurred by the Town pursuant to Section 15.05.07.04.
15.05.07.04.10
If, at any time, an applicant refuses to pay any amount reasonably required under this section, the Town shall take one or more of the following actions:
* Refuse to grant site plan approval.
* Refuse to issue a certificate of occupancy.
* Refuse to sign or release any plat or mylar.
* Issue a stop work order for the project.
* Lien the subject property for all amounts due.
* Institute legal action to recover all amounts due together with all reasonable costs of collection, including attorney's fees.
15.05.08 Application
An application for site plan review shall include, as applicable, forms, maps, plans, descriptions, documents and drawings providing the information listed below, with all maps, unless otherwise specified, drawn to a scale of not less than one inch (1") equals one hundred feet (100') with the scale of the map indicated thereon:
15.05.08.01 Form
A completed application on a form prescribed by the Planning Board;
15.05.08.02 Fees
All applicable fees as set forth in section 15.05.07, except technical assistance fees, which fees shall be paid no later than fifteen (15) days after the application has been deemed complete;
15.05.08.03 Owners and Applicants
The name(s) and address(es) of the owner(s), the site plan applicant(s) or developer(s) and any duly authorized representative(s) thereof;
15.05.08.04 Title
Evidence of sufficient right, title or interest in the premises to permit the applicant to undertake the activity or use for which site plan approval has been requested including, but not limited to a copy of the current deed to the tract being developed and copies of all purchase and sale agreements, deed restrictions, easements, rights_of_way or other encumbrances currently affecting the property;
15.05.08.05 Neighbors
The names and addresses of all other property owners within five hundred feet (500') of the property in question;
15.05.08.06 Farmland
An indication of whether any land within one hundred fifty feet (150') of the proposed development has been registered as farmland pursuant to 7 M.R.S.A. § 41 et seq.;
15.05.08.07 Location Map
The general location of the site with reference to surrounding areas, existing street locations and the Assessor's map and lot numbers;
15.05.08.08 Dimensions, District, High Water Line, Flood Elevation
Indications of lot line dimensions, the zone or zones in which the property is located, and the normal high water line and the hundred (100) year flood elevation, if applicable;
15.05.08.09 Flooding
A clear identification of any portion of the site subject to storm flooding as indicated by standing water occurring on saturated soils after a heavy rain, or land inundated when a surface water body overflows its bank;
15.05.08.10 Structures, Easements, Driveways
The locations of all existing and proposed buildings, structures, known easements, driveways, entrances and exits on the lot of the proposed site and within two hundred feet (200') of said site;
15.05.08.11 Streets, Sidewalks and Access
The locations and names of existing streets and sidewalks on or within two hundred feet (200') of the proposed site and the locations, proposed names, and design details of proposed streets, sidewalks and other means of access, including, but not limited to:
* construction drawings showing a plan view, profile and typical cross section of proposed and existing streets and sidewalks within three hundred feet (300'), at fifty foot (50') intervals, and at a distance sufficient to show the full drainage scheme of any proposed intersection;
* intersections of the proposed streets with existing streets;
* locations, dimensions, grades, radii and contours of acceleration and deceleration lanes;
* roadway and right_of_way limits, including edge of pavement, edge of shoulder, sidewalks and curbs;
* kind, size, location, material, profile, cross section and inverts of each existing and proposed drainage structure, including its location with respect to existing natural waterways and proposed drainage ways;
* complete curve data for all horizontal and vertical curves;
* turning radii at all intersections;
* centerline gradients;
* lengths of all straight lines and deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street;
* written approval of the Road Commissioner or his/her designee or the Maine Department of Transportation if the developer proposes improvements within existing public streets;
* design details for all improvements accessory to roads, sidewalks or other means of access, including bridges, curbs and bumpers.
15.05.08.12 Setbacks
The setback of each existing and proposed building or structure from bodies of water, including wetlands, and from lot lines;
15.05.08.13 Soils
A medium density soils survey, unless a high density survey is required by the Planning Board, identifying the soils' boundaries and names in the proposed development with soils information superimposed on a plot plan in accordance with the USDA Soil Conservation Service National Cooperative Soil Classification;
15.05.08.14 Topography
Topography showing existing and proposed contours of five foot (5') intervals for slopes averaging five per_cent (5%) or greater, and at ten foot (10') intervals for land of lesser slope, with a bench mark clearly designated;
15.05.08.15 Stormwater, Sanitary Waste, Potable Water
The locations, sizes, designs, capacities, and maintenance requirements and responsibilities of existing and proposed stormwater disposal, sanitary waste disposal, and potable water supply systems, including detailed plans for any connections between proposed systems and existing private or public systems, all of which shall be certified by a licensed professional engineer;
15.05.08.16 Utilities
The locations and designs of all existing and proposed utilities such as gas, electricity, cable television and telephone, including the size and elevation of underground utilities;
15.05.08.17 Reserved Areas
The locations and legal descriptions of all areas proposed to be dedicated to or reserved for public use, open space or recreation areas, the conditions of such dedication or reservation, and the manner in which same shall be enforced;
15.05.08.18 Natural Features
The locations of all existing physical and natural features on the site and within two hundred feet (200') thereof, including, but not limited to, steep slopes of fifteen percent (15%) or greater, streams, brooks, rivers or other watercourses; existing woodlands; and potential freshwater wetlands, spawning grounds, wildlife habitat; together with an indication of which physical and natural features are to be preserved, the conditions of such preservation and the manner in which same shall be enforced;
15.05.08.19 Historic Features
The locations of all historic or archaeological features on the site together with an indication of which such features are to be preserved, the conditions of such preservation and the manner in which same shall be enforced;
15.05.08.20 Access to Water
When the proposed site is located within two hundred fifty feet (250') horizontal distance of the normal high water mark of any pond, river or salt water body, the locations, if any, of public points of actual or visual access to such waters;
15.05.08.21 Parking and Loading
Detailed plans for all parking, loading and unloading areas indicating dimensions, traffic patterns, access aisles, parking angles, curb radii and such other information as may be necessary to ensure compliance with applicable standards;
15.05.08.22 Landscaping
Landscaping, buffering and screening plans showing what will remain and what will be planted, indicating botanical and common names of plantings, dimensions, times of planting and maintenance plans;
15.05.08.23 Lighting
Lighting details, indicating types and locations of fixtures and radius and intensity of light (in foot candles), together with the manufacturer's specification sheet for each different type of fixture;
15.05.08.24 Signs
The locations, dimensions and details, including lighting details, of all existing and proposed signs;
15.05.08.25 Interior Use
The proposed use of all floor area, including basements, attics and decks and, when the proposed use is a restaurant, the maximum seating capacity thereof;
15.05.08.26 Subsurface Wastewater
When sanitary waste disposal is to be accomplished by subsurface wastewater disposal systems, an on_site investigation report by a soils scientist, certified by the Maine Department of Human Services, and containing the types of soils, locations of test sites, and proposed locations and designs of the most appropriate and suitable subsurface wastewater disposal systems and evidence of the cumulative impact of the proposed systems when considered in conjunction with other subsurface wastewater disposal systems in the vicinity;
15.05.08.27 Hydrogeologic Assessment
For any development that will not be served by a public sewer; and that will contain five (5) or more lots, dwelling units or rental units or that will generate a daily average of five hundred (500) gallons of wastewater in any two (2)_month period; and that will (a) be located over or within three hundred feet (300') of a sand and gravel aquifer, as shown on a map entitled Hydrogeologic Data for Significant Sand and Gravel Aquifers, by the Maine Geologic Survey, 1985; (b) contain less than one hundred thousand (100,000) square feet in total area; or (c) have an average density of less than one hundred thousand (100,000) square feet per dwelling unit; or when determined by the Planning Board to be required because of the unique or fragile characteristics of the site or plans, a hydrogeologic assessment prepared by a
certified geologist who has demonstrated hydrology impact assessment experience and training. A hydrogeologic assessment shall contain at least the following:
* a map showing the basic soils types;
* the depth to the water table at representative points throughout the development site;
* drainage conditions throughout the development site;
* data on the existing groundwater quality, either from test wells on the development site or from existing wells on neighboring properties;
* an analysis and evaluation of the impacts of the development on groundwater resources. In the case of residential developments, the evaluation shall, at a minimum, project nitrate_nitrogen concentrations. For development within the watershed of a lake, projections of phosphate impacts shall also be calculated;
* projections of groundwater quality shall be made at any wells within the development site and at the development's boundaries or at a distance of five hundred feet (500') from potential contamination sources, whichever is a shorter distance. Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average recharge from precipitation);
15.05.08.28 Groundwater
A statement of the quantity of groundwater to be extracted by the development, expressed as the annual total, the maximum monthly rate and the maximum daily rate, and, when total groundwater or spring water extraction shall exceed one thousand (1,000) gallons per day, a groundwater extraction impact assessment;
15.05.08.29 Traffic Impact
An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and, for all developments of ten (10) or more lots, dwelling units or rental units, for all developments expected to generate more than one hundred (100) vehicle trips per day, for all commercial and industrial developments, and for all developments deemed by the Planning Board, because of special circumstances to require it, a traffic impact analysis report by a registered professional engineer that the street giving access to the development, and neighboring streets that can be expected to carry traffic to and from the development, have adequate carrying capacity to accommodate the amount and types of traffic to be generated by the proposed use, and further demonstrating whether the development shall increase the volume capacity ratio
of any street above 0.8 or reduce the street's level of service to D or below by using the capacity analysis procedures set forth in the current edition of the Highway Capacity Manual, published by the Transportation Research Board;
15.05.08.30 Building Plans
Building plans for all levels and elevations, indicating proposed materials and exterior design, height and colors of all buildings and structures;
15.05.08.31 Erosion and Sedimentation
A soil erosion and sedimentation control plan which conforms to accepted best management practices;
15.05.08.32 Declaration
If a condominium, as defined by the Maine Revised Statutes as amended, is to be created, a copy of the proposed declaration, development rights, special declarant rights, and bylaws of the unit owners' association;
15.05.08.33 Impact on Municipal Services and Facilities
A list of construction and maintenance items, with both capital and annual operating cost estimates, that relate to the development and that must be financed or furnished by the municipality or quasi_municipal districts. The list shall include, but not be limited to, costs associated with:
* schools, including bussing and tuition;
* street maintenance, snow removal, street signs and lighting;
* police and fire protection;
* solid waste disposal;
* recreation facilities;
* stormwater drainage;
* wastewater treatment;
* water supply;
* public utilities.
Said list shall be reviewed by the Town Manager, head of the quasi-municipal district, and/or their designees, who shall certify in writing that the estimates contained therein are accurate. This submission requirement shall not be deemed to have been completed unless accompanied by such certification.
15.05.08.34 Public Water Supply
When water is to be supplied by public water supply, an affidavit from the superintendent of the Orono-Veazie Water District indicating there are adequate capital facilities, supply and pressure to service the proposed development and approving any plans for extension of or connection to the public water supply system together with all such plans and such other submissions as may demonstrate that the proposed development will satisfy the standards set forth in Section 15.05.09.09;
15.05.08.35 Public Sewer
When sanitary waste disposal is to be accomplished by connection to the public sewer, an affidavit from an official of the Veazie Sewer District stating that municipal sewer facilities, including sewer lines, pumping stations and the wastewater treatment plant, have the capacity to collect and treat the wastewater reasonably expected to be generated by the proposed development and approving any plans for extension of or connection to the public sewer facilities, together with all such plans and such other submissions as may demonstrate that the proposed development will satisfy the standards set forth in Section 15.05.09.12;
15.05.08.36 Stormwater Disposal
When stormwater disposal is to be accomplished by connection to the public stormwater disposal system, an affidavit from the Road Commissioner or his/her designee stating that municipal stormwater disposal facilities have adequate additional capacity to collect and dispose of stormwater reasonably expected to be diverted from land and buildings from within the proposed development and approving any plans for extension of or connection to the municipal wastewater disposal system together with all such plans and such other submissions as may demonstrate that the proposed development will satisfy the standards set forth in Section 15.05.09.11;
15.05.08.37 Fire Protection
A plan showing the numbers, designs and locations of proposed fire hydrants, dry hydrants or fire ponds, as well as the proposed access to the site for firefighting equipment and other emergency vehicles together with a written statement from the Fire Chief approving said plan and indicating that the Fire Department is able to provide fire protection services to the proposed development, and, for commercial developments, transient accommodations, nursing homes, convalescent centers, multifamily dwellings and hospitals, a letter from the State Fire Marshall's Office or from the Veazie Fire Chief stating that detailed construction plans have been reviewed and that such plans comply in all respects with Life Safety Codes, provided, however, that the Veazie Fire Chief may decline to review such plans and require them to be reviewed by the
State Fire Marshall's Office;
15.05.08.38 Solid and Liquid Waste
A written plan indicating methods and locations of solid and liquid waste storage and disposal, together with a written statement from the appropriate municipal official stating that the proposed development will not cause an unreasonable burden on municipal waste disposal services if such services are to be utilized;
15.05.08.39 Police Protection
A written statement from the Police Chief indicating that the Police Department is able to provide police protection services to the proposed development
15.05.08.40 Educational Services
A written statement from the Superintendent of Schools indicating that the Veazie School Department is able to provide educational services to all children reasonably expected to reside in the proposed development
15.05.08.41 Valuation
An estimate of the net increase in taxable assessed valuation at the completion of the construction of the development;
15.05.08.42 Photographs
Photographs of the site of the proposed development, including, but not limited to, photographs from adjacent public ways, photographs showing existing improvements on the site and photographs showing existing vegetation and landscaping on the site, and, if requested by the Planning Board, aerial photographs taken to illustrate the requirements of Sections 15.05.08.10 and 15.05.08.11;
15.05.08.43 Mining
For any proposed gravel extraction or mining operation, in addition to any of the foregoing submissions that are applicable or required:
15.05.08.43.01 DEP Application
A copy of the Maine Department of Environmental Protection site location application;
15.05.08.43.02 Topography
Topography in accordance with the specifications in Section 15.05.08.14 for all land extending one hundred feet (100') beyond the boundaries of the lot on which the operation is to take place;
15.05.08.43.03 Operator
The name and current address of the individual, firm, or corporation conducting the operation, if different from the property owner;
15.05.08.43.04 Access Roads and Temporary Structures
The locations of all proposed access roads and temporary structures;
15.05.08.43.05 Extraction Plan
An extraction plan that includes the estimated longevity of an operation and the amounts and types of materials to be removed, and that demonstrates that the proposed operation shall comply with all applicable review and performance standards, including those set forth in Section 15.05.11.12;
15.05.08.43.06 Reclamation Plan
A site reclamation plan specifically describing the manner in which the gravel pit or mining area shall be returned to as near a natural state as is practicable by grading, filling, draining, and planting (Such plan shall be prepared in consultation with the Veazie Conservation Commission and shall include the estimated cost of site reclamation.);
15.05.08.43.07 Reclamation Guarantee
The proposed form of a performance guarantee for the estimated cost of site reclamation in accordance with the plan submitted pursuant to the preceding paragraph;
15.05.08.43.08 Washing Plans
Plans for any anticipated washing operation, including any proposal for groundwater extraction from the site for use in such operation;
15.05.08.43.09 Insurance
Evidence of adequate insurance against liability arising from proposed extraction operations, which insurance shall be maintained throughout the period of operation;
15.05.08.44 Business, Commercial, Industrial, and Mining
For any proposed business, commercial or industrial uses, or of a proposed gravel extraction or mining operation, in addition to any of the foregoing submissions that are applicable or required:
15.05.08.44.01 Description
A written description of the proposed operation in sufficient detail to indicate the degree to which the operation will create traffic congestion, noise, toxic or noxious matter, vibrations, odor, heat, glare, air pollution, gasses and fumes, waste, dirt, fly ash, dust, smoke or other objectionable or offensive effects, together with engineering, architectural and landscaping plans for mitigating or eliminating such effects;
15.05.08.44.02 Operation
The hours of operation, the proposed shifts to be worked and the maximum number of employees on each shift;
15.05.08.44.03 Hazardous Materials
The amount and exact nature of all industrial, chemical, explosive, flammable or hazardous materials to be hauled, stored, used, generated or disposed of to, at or from the site, a detailed description of how and where such materials are to be hauled, stored, used, generated or disposed of, including in such description all safety procedures, warning devices and applicable State or Federal regulations pertaining thereto, and any State or Federal permits or approvals required therefore;
15.05.08.45 Subdivisions
For a proposed subdivision, in addition to any of the foregoing submissions that are applicable or required:
15.05.08.45.01 Maps
Two reproducible, stable based transparent originals and three (3) paper copies of a survey and a location map described below. All information on each map shall be easily legible. Each sheet, inclusive of margins, shall be no larger than twenty_four inches (24") by thirty_six inches (36"). There shall be sufficient space outside the left border line for binding and at least a one inch (1") margin outside the border lines on the remaining sides. Sufficient space shall be provided for endorsement and dating by the Planning Board.
15.05.08.45.01.01 Survey
A complete boundary line survey of the tract being subdivided, at a scale of not over four hundred feet (400') to the inch, certified by a registered land surveyor, showing:
* the metes and bounds of the tract being subdivided;
* the exact acreage of the proposed subdivision;
* the metes and bounds of any remaining portion of the owner's property if the proposed subdivision covers only a portion of the owner's contiguous holdings;
* all lots that were, within the previous five (5) years, contiguous to and in common ownership with the tract being subdivided;
* existing and proposed easements related to the property;
* the number of lots being created;
* lot numbers;
* the locations of lot boundaries;
* suggested locations of buildings;
* the metes and bounds of each lot being created;
* the area of each lot in square feet;
* the existing and proposed locations of permanent reference monuments;
* street names and lines and pedestrian ways;
* the length of all straight lines, the deflection angles, radii, lengths of curves, and central angles of all curves, tangent distances and tangent bearings for each street;
* the location of any landscape buffer strip around the perimeter of the proposed subdivision;
* the location of all reserved open space, properly designated;
* the location of all areas to be reserved for public use;
* magnetic north, true north and the declination;
* the date of preparation;
* a graphic map scale;
* the names an addresses of the record owner, subdivider, designer, surveyor and engineer;
* the name of the municipality in which the subdivision is located;
* the proposed name of the subdivision;
* any proposed covenants or maintenance agreements intended to run with the land or any portion thereof or any dwelling unit;
* a notation of all variances granted by the Planning Board pursuant to Section 15.05.06.07.09;
* the location of all freshwater wetlands within the proposed subdivision, regardless of the size of the wetlands;
* the location of any river, stream or brook within or abutting the proposed subdivision;
* the location of the one hundred (100) year flood elevation and the flood hazard boundaries within the proposed subdivision;
* a written condition that principal structures in the subdivision shall be constructed with their lowest floors, including basements, at least one foot (1') above the one hundred (100) year flood elevation;
15.05.08.45.01.02 Location Map
A location map drawn at a scale of not over four hundred feet (400') to the inch to show the relation of the proposed subdivision to adjacent properties and to the general surrounding area, which map shall include:
* all the area within two thousand feet (2,000') of any property line of the proposed subdivision;
* the location of existing subdivisions within two thousand feet (2,000') of the proposed subdivision;
* the names of the record owners of all adjacent parcels of land, including those directly across any street adjoining the proposed subdivision;
* location, width and names of existing and proposed streets and easements, together with an indication of the future probable street system of the remaining portion of the tract, if the proposed development covers only part of the developer's entire holding;
* boundaries and designations of zoning districts;
* magnetic north;
* the date of preparation;
* a graphic map scale;
* the names an addresses of the record owner, subdivider, designer, surveyor and engineer;
* the name of the municipality in which the subdivision is located;
* the proposed name of the subdivision;
15.05.08.45.02 Central Water Supply: DHS
The written approval of the Maine Department of Human Services of design plans if the applicant proposes to provide a central water supply system;
15.05.08.45.03 Individual Wells: DHS
The written approval of a licensed professional engineer of design plans together with the results of water quality test results as performed by the Maine Department of Human Services if individual wells serving each building site are to be utilized;
15.05.08.45.04 Central Subsurface Wastewater: DHS
The written approval of the Maine Department of Human Services of design plans if a centralized or shared subsurface wastewater system is to be utilized;
15.05.08.45.05 Wastewater Licenses: DHS
The written approval of the Maine Department of Environmental Protection if a Wastewater Discharge License is required;
15.05.08.46 Performance Guarantees
The form and content of any proposed performance guarantee and live plant maintenance guarantee;
15.05.08.47 Legal Documents
Written evidence that the Town Council and Town Attorney are satisfied with the sufficiency of all legal documents, including proposed deeds, covenants, easements, and restrictions, associated with the development;
15.05.08.48 Technical and Financial Capacity
Written evidence of the applicant's technical and financial capacity to complete the site plan as presented, including, but not limited to the names, addresses and qualifications of all professionals who will provide or have provided technical assistance, a list of all construction materials (including estimated quantities and costs), an estimate of all anticipated labor costs and all other projected costs associated with the project, and the applicant's proposed method of meeting such costs together with proof that he/she will be able to do so;
15.05.08.49 Taxes and Assessments
Written evidence that the applicant is not in arrears in the payment of any local taxes or assessments;
15.05.08.50 Permits
A list of all local, State and Federal approvals or permits required for the proposed development, and, if required by the Planning Board, evidence that such approvals or permits have been received by the applicant;
15.05.08.51 Inspection
Written permission from the owner of the property and any developer allowing the Code Enforcement Officer, or his/her designee, to enter and have access to the property at all reasonable and proper times during and immediately upon completion of construction to ensure compliance with all applicable standards set forth in this ordinance.
15.05.08.52 Additional Information
In addition to the foregoing requirements, the Planning Board may, at any time during the review process, require the submission of such additional information as may be reasonably calculated to assist in a proper review or to clarify any other materials previously submitted.
15.05.09 General Review Standards
The Planning Board, before granting site plan approval, must find that the proposed plan will comply with each of the following standards. In all instances the burden of proof shall be upon the applicant.
15.05.09.01 Permitted Uses
Any proposed use must be a permitted use with site plan approval, as determined by reference to Section 15.03 for each zone in which it is proposed.
15.05.09.02 Lot Standards
Except as modified by the provisions on cluster developments set forth in Section 15.05.11.13, any proposed development must lot development standards set forth in Section 15.03.02, for each zone in which it is proposed, subject to the following:
15.05.09.02.01 Setbacks
15.05.09.02.01.01
Setback distances shall be measured from lot lines.
15.05.09.02.01.02
In any subdivision in which lots are not created, the distance from the side of one principal building to the side of another principal building shall be no less than twice the distance of the side yard setback in the zone; the distance from the side of one principal building to the front of another principal building shall be no less than twice the distance of the front yard setback in the zone; the distance from the side of one principal building to the back of another principal building shall be no less than twice the distance of the rear yard setback in the zone; the distance from the front of one principal building to the front or back of another principal building shall be no less than twice the distance of the front yard setback in the zone; and the distance from the back of one principal building to the back of another principal
building shall be no less than twice the distance of the rear yard setback in the zone.
15.05.09.02.01.03
No newly created off street parking space, loading space or maneuvering space for off street parking, shall be located within any front or side setbacks.
15.05.09.02.01.04
The following structures, subject to the limitations set forth below, are not subject to the setback requirements of the zone in which they are located provided that no such structure shall be constructed in such a way as to obstruct visibility from the end of any driveway or to otherwise constitute a safety hazard:
15.05.09.02.01.04.01
Fences of not more than eight feet (8') in height.
15.05.09.02.01.04.02
Driveways and walks, only with respect to front setbacks.
15.05.09.02.01.04.03
Septic tanks and leach fields, except as necessary to comply with State law.
15.05.09.02.01.04.04
Signs, provided that no sign shall be located closer than five feet (5') to a lot line unless the setback requirement in that zone is less than five feet (5').
15.05.09.02.01.04.05
Lights and mailboxes.
15.05.09.02.02 Height
Any proposed structure must comply with the height requirements set forth in Section 15.03, for each zone in which it is proposed, provided that such requirements may be varied by the Planning Board to accommodate functional necessity that has been clearly demonstrated by the applicant.
15.05.09.02.03 Frontage
15.05.09.02.03.02
The use of cul-de-sacs to meet frontage requirements is prohibited except at the end of dead end streets.
15.05.09.02.03
Cul-de-sacs that are temporary in nature shall not be used to meet frontage requirements and no buildings shall be build around the periphery of such cul-de-sacs.
15.05.09.02.04 Multiple Principal Structures on One Lot
If there is more than one (1) principal structure on a lot, the lot area, yard setback, and height requirements of the applicable zone shall apply separately to each building but the combined area occupied by the total number of buildings on the lot shall not exceed the maximum lot coverage requirement of the zone. However, in the event of a principal structure or structures comprised exclusively of dwelling units and/or accessory structures, all in the same ownership, on one lot, regardless of the number of separate or detached structures, the required minimum lot area shall be the minimum lot size stated for the applicable zone or the minimum area per family multiplied by the number of dwelling units, whichever is greater.
15.05.09.03 [RESERVED]
15.05.09.04 Parking Requirements
Any site plan for an activity that can be expected to generate vehicular traffic shall provide for off street parking in accordance with the following:
15.05.09.04.01
Off street parking shall always be considered a permitted accessory use when required or provided to serve a conforming use in any zone.
15.05.09.04.02
Required off street parking shall, if possible, be located on the same lot as the principal building or use that it serves. Otherwise, off street parking may be provided on another lot within four hundred feet (400') of the principal building or use that it serves on the condition that the applicant provides assurances satisfactory to the Planning Board and the Town attorney that such parking shall be available at all times during the anticipated life of the principal building or use that it serves.
15.05.09.04.03
The following minimum off street parking shall be provided and maintained in the case of new construction, alterations or changes of use which would increase the parking demand according to the standards set forth below, or any increase in the area used which increases the number of persons using the premises. In the event of such construction, alterations, change or increase, the entire premises or use, and not just that portion constructed, altered, changed or increased, shall become subject to the following requirements.
15.05.09.04.03.01 Dwellings
2 parking spaces for each dwelling unit;
15.05.09.04.03.02 Transient Accommodations and Boarding and Rooming Houses
1 space for each employee plus 1 space for each guest room;
15.05.09.04.03.03 Schools
1 parking space for each employee plus 1 space for each 30 students in primary school, 4 students in secondary school or 2 students in post-secondary school;
15.05.09.04.03.04 Health Institutions
1 parking space for every 5 beds plus 1 space for each staff or visiting doctor plus 1 space for each 4 employees;
15.05.09.04.03.05 Theatres, Churches and Other Places of Public Assembly
1 parking space for every 5 seats or 20 spaces for every 1,000 square feet of assemblage space if no fixed seats;
15.05.09.04.03.06 Retail Stores
4 parking spaces for every 300 square feet of sales area;
15.05.09.04.03.07 Restaurants, Eating and Drinking Establishments Except Drive In Types
1 space for each chair or 6 parking spaces per 1,000 square feet of gross floor area, whichever is greater, plus 1 space for each 2 employees;
15.05.09.04.03.08 Drive In Restaurants and Dairy Stands
10 spaces plus 1 space for each person serving or preparing food on the largest work shift employed at least once per week during July and August;
15.05.09.04.03.09 Professional Offices and Public Buildings
1 parking spaces per 100 square feet of work area;
15.05.09.04.03.10 Other Commercial Recreation Establishments
Minimum of 15 parking spaces or the number deemed appropriate by the Planning Board in site plan review;
15.05.09.04.03.11 Industrial
1 parking space per each employee at maximum employment on the 2 shifts of highest employment plus 1 space for each company vehicle used in conjunction with the premises plus visitor and customer parking to meet the needs of specific operations;
15.05.09.04.03.12 Fraternal Organizations and Clubs
1 space for each 5 members;
15.05.09.04.03.13 Campgrounds
200 square feet plus maneuvering space per recreational vehicle, tent or shelter site.
15.05.09.04.03.14 Wholesale Businesses
1 space for each 300 square feet of floor space;
15.05.09.04.03.15 Roadside Farm Stands
4 spaces;
15.05.09.04.03.16 Automobile Repair and Filling Stations
1 space for each employee plus 1 space for each 50 square feet of floor area used for service work;
15.05.09.04.03.17 Funeral Parlors
10 spaces;
15.05.09.04.03.18 Uses Not Otherwise Listed
A number of spaces as determined by the Planning Board based on the magnitude of the development and potential parking needs.
15.05.09.04.04
The minimum number of off street parking spaces shall not be required of nonconforming structures or uses currently not meeting parking space requirements in the case of alterations or changes of use which would not increase the generation of parking demand by the structure or use. The Code Enforcement Officer, when reviewing permit and site plan review applications involving alterations or changes of nonconforming structures or uses, shall make a determination whether such alterations or changes increase parking demand above existing use, with reference to the minimum parking requirements as set forth above.
15.05.09.05 Parking Areas and Driveways
All site plans shall comply with the following standards for parking areas and driveways:
15.05.09.05.01
There shall be adequate provision for entrance and exit from all parking spaces with the width of access drives or driveways determined as part of site plan review, based on the proposed use of the property, topography, and similar considerations.
15.05.09.05.02
To the greatest extent possible, access to parking stalls should not be from major interior travel lanes or from public ways.
15.05.09.05.03
Parking areas shall be designed to permit each vehicle to proceed to and from any parking stall without requiring the moving of any other vehicle.
15.05.09.05.04
Parking stalls and aisle layout shall comply with the following standards:
PARKING ANGLE |
STALL WIDTH |
SKEW WIDTH |
STALL DEPTH |
AISLE WIDTH |
|
|
|
|
|
90o |
9' 0" |
9' 0" |
18' 5" |
25' 0" |
60o |
8' 6" |
10' 5" |
18' 0" |
18' 0" |
45o |
8' 6" |
12' 9" |
17' 5" |
13' 0" |
30o |
8' 6" |
17' 0" |
17' 0" |
12' 0" |
0o |
|
|
|
12' 0" |
15.05.09.05.05
Only one_way traffic shall be permitted in aisles serving single_row parking stalls placed at an angle of other than ninety degrees (90o).
15.05.09.05.06
Parking stalls, driveways, aisles and direction of traffic flow shall be clearly marked and delineated by arrows and lines painted on the pavement, by signs or otherwise. The Planning Board may require that certain areas be designated, marked and maintained for firefighting equipment or other emergency vehicles or purposes.
15.05.09.05.07
Major interior travel lanes shall be designed to allow for continuous and uninterrupted traffic movement.
15.05.09.05.08
Devices such as guardrails, curbs, fences, walls and landscaping shall be used when necessary to identify circulation patterns of parking areas and to restrict driving movements diagonally across parking aisles, but shall not reduce the visibility of oncoming pedestrians or vehicles.
15.05.09.05.09
When deemed necessary by the Planning Board for the safety of pedestrians, sidewalks shall be provided between parking areas and principal structures, along aisles and driveways, and wherever pedestrian traffic shall occur. Such sidewalks shall have a minimum of four feet (4') of passable width, and shall be raised six inches (6") or more above the parking area except where the sidewalks cross streets or drive ways. Guardrails or wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalks unless an additional two and one_half feet (2 1/2') of sidewalk is provided to accommodate such overhang.
15.05.09.05.10
New parking areas for more than five (5) vehicles shall be arranged so that it is not necessary for vehicles to back into any street.
15.05.09.05.11
Bumpers or wheel stops shall be provided where the overhangs of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways or damage landscaping, buildings or other structures.
15.05.09.05.12
In addition to the requirements of Section 15.05.09.08.01.06, any parking lot with an area over one (1) acre shall be provided with shade trees planted at representative points throughout the lot. There shall be at least one (1) tree planted for every thirty_five (35) parking spaces. All such trees shall, when placed, be at least four inches (4") in diameter at a height of four feet (4') from the ground.
15.05.09.05.13
Parking space allocations shall be oriented to specific buildings or structures or uses.
15.05.09.05.14
Parking areas should be designed to focus on major walkways, which should be fenced or marked.
15.05.09.05.15
Where pedestrians must cross service or access roads to reach parking areas, crosswalks shall be clearly designated by pavement markings or signs and shall be lighted. Crosswalk surfaces should be raised slightly to designate them to drivers, unless drainage problems would result.
15.05.09.05.16
Driveways should approach pedestrian exit areas from the right to permit passengers to alight to the sidewalk.
15.05.09.05.17
To the greatest extent possible, one way traffic should be established at building entrances.
15.05.09.05.18
All entrance and exit driveways shall be located to afford maximum safety to traffic, provide for safe and convenient entrance and exit to and from the site and to minimize conflict with the flow of traffic.
15.05.09.05.19
Any exit driveway or driveway lane shall be so designed in profile and grading and so located as to provide the following minimum sight distances measured in each direction. The measurements shall be from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of ten feet (10') behind the curb line or edge of shoulder.
ALLOWABLE SPEED ON ROAD TO BE ENTERED |
REQUIRED SIGHT DISTANCE |
25 miles per hour |
160' |
40 miles per hour |
275' |
45 miles per hour |
325' |
15.05.09.05.20
Where a lot occupies a corner of two (2) intersecting roads, no driveway entrance or exit shall be located within fifty feet (50') of the point of tangency of the existing or proposed curb radius of that site. Access to the lot shall be provided across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.
15.05.09.05.21
No part of any driveway shall be located within a minimum of ten feet (10') of a side property line. However, the Planning Board shall permit a driveway serving two (2) or more adjacent sites to be located on or within ten feet (10') of a side property line between the adjacent sites.
15.05.09.05.22
Where topographic and other conditions allow, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use when such driveway connection will facilitate fire protection services as approved by the Fire Chief or when such driveway will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a street.
15.05.09.05.23
Where two (2) or more two_way driveways connect a single site to any one (1) road, a minimum clear distance of one hundred feet (100') measured along the right_of_way line shall separate the closest edges of any two (2) such driveways. If one driveway is two way and one is a one way driveway, the minimum distance shall be seventy five feet (75').
15.05.09.05.24
Driveways used for two way operation shall intersect the road at an angle of as near to ninety degrees (90o) as site conditions will permit and in no case less than sixty degrees (60o). Driveways used by vehicles in one (1) direction of travel (right turn only) shall not form an angle smaller than forty_five degrees (45o) with a road unless acceleration and deceleration lanes are provided.
15.05.09.05.25
The dimensions of driveways shall be designed to accommodate adequately the volume and character of vehicles anticipated to be attracted daily to the development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated below. Driveways serving large volumes of daily traffic or traffic of over fifteen percent (15%) truck traffic shall be required to utilize high to maximum dimensions.
|
ONE WAY OPERATION DRIVEWAYS: WIDTH |
TWO WAY OPERATION DRIVEWAYS: WIDTH |
1 or 2 dwelling units |
10' - 15' |
10' - 15' |
3 to 9 dwelling units |
10' - 15'* |
15' - 25'* |
10 dwelling units or over |
15' - 25'* |
20' - 35'* |
commercial and industrial |
15' - 30'* |
25' - 35'* |
* All driveways, except for 1 or 2 dwelling units, shall be five feet (5') wider at the curb line and this additional width shall be maintained for a distance of twenty feet (20') into the site.
15.05.09.05.26
At each driveway curb cut, no visual obstructions higher than three feet (3') above street level shall be allowed closer than ten feet (10') to the traveled way for a distance of twenty_five feet (25') from the intersection, measured along both the street and the driveway.
15.05.09.05.27
Entrances and exits shall be clearly identified by the use of signs, curb cuts, and landscaping and shall comply with any applicable policies on curb cuts and street entrances.
15.05.09.05.28
Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.
15.05.09.05.29
Any driveway shall be constructed with the surface approved by the Planning Board. Such surface shall extend to the paved portion of the road and shall extend throughout the area defined by the required driveway dimensions specified above.
15.05.09.05.30
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
15.05.09.05.31
Driveways shall not have a grade in excess of fifteen percent (15%) over the entire length. On arterials, the grade shall not be more than five percent (5%) for the first twenty_five feet (25') from the road unless otherwise approved by the Planning Board. Except for pre-existing lots of record where the Planning Board determines that no other feasible alternative exists, driveways shall not be located where visibility is limited because of curves or topography.
15.05.09.05.32
Where a driveway serves right turning traffic from a parking area providing two hundred (200) or more parking spaces and the road has an average daily traffic (A.D.T.) volume exceeding seven thousand five hundred (7,500) vehicles, an acceleration lane shall be provided which is at least two hundred feet (200') long and at least ten feet (10') wide measured from the road curb line. A minimum thirty_five foot (35') curb return radius shall be used from the drive way to the acceleration lane.
15.05.09.05.33
Where the same conditions exist as in the previous paragraph and a driveway serves as an entrance to a development, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least two hundred feet (200') long and at least ten feet (10') wide measured from the road curbline. A minimum thirty_five foot (35') curb return radius shall be used from the deceleration lane into the driveway.
15.05.09.06 Loading Requirements
In connection with every building or group of buildings which is to be occupied by industrial, office, laboratory or commercial uses, or by uses involving distribution of material or merchandise by vehicles, there shall be provided and maintained off street loading berths in accordance with the requirements set forth below.
15.05.09.06.01
Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers and containers for loading or storage shall not be located upon any town way.
15.05.09.06.02
Each loading berth shall be at least twelve feet (12') wide, fifty-five feet (55') long, and fifteen feet (15') high, and no loading berth may occupy any part of any required front, side or rear setback.
15.05.09.06.03
The following minimum off street loading berths shall be provided and maintained in the case of new construction, alterations or changes of use which would increase the loading demand according to the standards set forth below, or any increase in the area used which increases such loading demand. In the event of such construction, alterations, change or increase, the entire premises or use, and not just that portion constructed, altered, changed or increased, shall become subject to the following requirements:
15.05.09.06.03.01 Health Institutions
In addition to ambulance spaces, 1 berth for the first 10,000 to 30,000 square feet of gross floor space plus 1 additional berth for each additional 30,000 square feet of gross floor space or portion thereof;
15.05.09.06.03.02 Hotels and Offices
1 berth if over 10,000 square feet of gross floor area;
15.05.09.06.03.03 Retail and Commercial Uses
1 berth for the first 5,000 square feet of gross floor area or fraction thereof plus 1 berth for any floor area in excess of 5,000 square feet;
15.05.09.06.03.04 Warehousing (Storage), Wholesaling, Manufacturing and Industrial Uses
1 berth for each 8,000 square feet of gross floor area or fraction thereof;
15.05.09.06.03.05 Schools
1 berth if over 15,000 square feet of gross floor area;
15.05.09.06.03.06 Truck and Bus Terminals
Sufficient berths, as determined by the Planning Board, to accommodate the maximum number of trucks or buses that will be stored, loaded or unloaded at the terminal at any one time.
15.05.09.07 Streets, Sidewalks and Access
15.05.09.07.01 Capacity
15.05.09.07.01.01
New streets, streets giving access to the development and neighboring streets which can be expected to carry traffic to and from the development, shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use. No development shall increase the volume capacity ratio of any street above 0.8 nor reduce the street's Level of Service to "D" or below as determined by using the capacity analysis procedures set forth in the 1985 Highway Capacity Manual, Special Report 209 as published by the Transportation Research Board.
15.05.09.07.01.02
Accessways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street.
15.05.09.07.01.03
The proposed development shall not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of highways or public roads, existing or proposed.
15.05.09.07.01.04
Where necessary to safeguard against hazards to traffic and pedestrians or to avoid traffic congestion, provision shall be made for turning, acceleration or deceleration lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets or for the connection of internal pedestrian walkways to the nearest public sidewalk when such sidewalk is reasonably close to the proposed development and it is reasonably anticipated that the users of the proposed development will regularly use such sidewalk in connection with their use of the proposed development.
15.05.09.07.02 Layout
15.05.09.07.02.01
Proposed streets shall conform, as far as practical, to the Veazie Comprehensive Plan.
15.05.09.07.02.02
All streets within residential subdivisions shall be designed to provide safe vehicular travel while discouraging movement of through traffic.
15.05.09.07.02.03
The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions to public convenience and safety, and their appropriate relation to the proposed use of the land to be served by such streets. Grades of streets shall conform as closely as possible to the original topography, subject to the provisions of 15.05.09.07.03.01.
15.05.09.07.02.04
In the case of dead end streets, where needed or desirable, the Planning Board may require the reservation of a twenty foot (20') wide easement in the line of the street to provide continuation of pedestrian traffic or utilities to the next street. The Planning Board may also require the reservation of a fifty foot (50') easement in line with the street to provide for continuation of the street where future adjoining subdivision is possible.
15.05.09.07.02.05
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Town under conditions approved by the Planning Board and the Town Council.
15.05.09.07.02.06
Where a development borders an existing narrow road (below standards set herein) or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require use of some of the land in the development, the developer shall indicate reserved areas for widening or realigning such roads on the plan by marking "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the plan when a proposed widening or realignment is shown on the Official Map. Land reserved for such purposes may not be counted in satisfying setback or yard or area requirements of this ordinance nor included in any lot and shall be deeded to the State or Municipality as a condition to approval of the development.
15.05.09.07.02.07
Where a development abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets (streets parallel to arterial streets providing access to adjacent lots), reverse frontage (frontage on a street other than the existing or proposed arterial street) with screen planting contained in a non_access reservation along the rear property line, or such other treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
15.05.09.07.02.08
Subdivisions containing fifteen (15) lots or more or expected to generate average daily traffic of two hundred (200) or more trips per day and streets expected to accommodate average daily traffic of two hundred (200) or more trips per day shall have at least two street connections with existing public streets, streets shown on the Official Map, or streets on an approved Subdivision Plan for which a performance guarantee has been filed and accepted and which are in existence or which are guaranteed to be built in the near future.
15.05.09.07.02.09
Entrances of any streets onto existing or proposed collector streets shall not exceed a frequency of one (1) per four hundred feet (400') of street frontage. Entrances of any streets onto existing or proposed arterial streets shall not exceed a frequency of one per one thousand feet (1,000') of street frontage.
15.05.09.07.02.10
Minor streets shall be so laid out that their use by through traffic will be discouraged.
15.05.09.07.02.11
Where the streets in a subdivision are to remain private, the following words shall appear on the recorded plan:
"All streets in this subdivision shall remain private streets to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town. No streets shall be subsequently accepted by the Town unless a registered professional engineer certifies that such streets have been brought up to all applicable Town standards in effect at the time that acceptance is requested."
15.05.09.07.02.12
The vehicular access to a new development shall be arranged to avoid, to the greatest extent possible, traffic use of existing residential streets.
15.05.09.07.02.13
Efforts should be made to minimize unnecessary street extensions that increase Town roadway maintenance costs.
15.05.09.07.03 Design and Construction
15.05.09.07.03.01
All streets and sidewalks shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board, with all construction to be overseen by the Road Commissioner or his/her designee:
STREET CONSTRUCTION STANDARDS |
|
Arterial |
Collector |
Minor |
Private ROW |
Industrial/ Commercial |
Minimum Right-of-way Width |
80' |
50' |
50' |
50' |
60' |
Minimum Pavement Width/Travelled Way Width |
44' |
24' |
20' |
18' |
30' |
Sidewalk Width |
8' |
5' |
5' |
N/A |
8' |
Minimum Grade |
.5% |
.5% |
.5% |
N/A |
.5% |
Maximum Grade w/in 75' of Intersection |
2% |
2% |
2% |
N/A |
2% |
Maximum Grade**** |
5% |
6% |
8% |
10% |
5% |
Minimum Centerline Radius |
500' |
230' |
150' |
N/A |
400' |
Minimum Tangent Between Curves of Reverse Alignment |
200' |
100' |
50' |
N/A |
200' |
Roadway Crown |
1/4"/ft |
1/4"/ft |
1/4"/ft |
N/A |
1/4"/ft |
Minimum Angle of Street Intersections ** |
90 |
90 |
75 |
75 |
N/A |
Minimum Curb Radii at Intersections *** |
30' |
20' |
15' |
N/A |
30'*** |
Minimum R/O/W Radii at Intersections |
20' |
10' |
10' |
10' |
20' |
Minimum Width of Paved Shoulders (each side) |
5' |
4' |
4' |
4' |
9' |
Crushed Aggregate Sub-Base Course (Stone Max 4")* |
18" |
18" |
18" |
12" |
18" |
Crushed Aggregate Base Course |
4" |
4" |
4" |
4" |
4" |
Hot Bituminous Pavement (Total Thickness)* |
3 1/2" |
3" |
3" |
3" |
3 1/2" |
Surface Course* |
1 1/2" |
1" |
1" |
1" |
1 1/2" |
Base Course* |
2" |
2" |
2" |
2" |
2" |
* Minimum thickness of material after compaction.
** Street intersection angles shall be as close to 90 as feasible, but no less than the listed angle.
*** Should be based on turning radii of expected commercial vehicles, but no less than 30'.
**** Maximum grade may be exceeded for a length of 100 feet or less.
15.05.09.07.03.02
In addition to the other standards herein, dead end streets shall be constructed to provide a cul_de_sac turn_around with the following requirements for radii: Property line: sixty five feet (65'); outer edge of pavement: fifty feet (50'); inner edge of pavement: thirty feet (30 '). Where the cul_de_sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul_de_sac; otherwise, the cul-de-sac shall be planted with suitable perennial shrubs. No dead end street shall exceed a length of two thousand feet (2000').
15.05.09.07.03.03
Adjacent to areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial uses is contemplated by the municipality, the street right_of_ way and/or pavement width shall be increased on each side by half of the amount necessary to bring the road into conformance with the standards for commercial streets in these regulations.
15.05.09.07.03.04
The centerline of the roadway shall be the centerline of the right_of_way.
15.05.09.07.03.05
Before any clearing has started on the right_of way, the center line and side lines of the new road shall be staked or flagged at fifty foot (50') intervals.
15.05.09.07.03.06
Before grading is started, the entire width of the traveled way and shoulders shall be cleared of all stumps, roots, brush, and other objectionable material. All ledge, large boulders, and tree stumps shall be removed from the entire width of the traveled way and shoulders. Streets shall be rough graded to the full width of the traveled way and shoulders.
15.05.09.07.03.07
All organic materials shall be removed to a depth of two feet (2') below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two feet (2') below the subgrade of the roadway. On soils which have been identified by the Town as not suitable for roadways, the subsoil shall be removed from the street site to a depth of two feet (2') below the subgrade and replaced with material meeting the specifications for gravel aggregate sub_base below.
15.05.09.07.03.08
Except in a ledge cut, side slopes shall be no steeper than a slope of three feet (3') horizontal to one foot (1') vertical, and shall be graded, loamed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge a side slope no steeper than four feet (4') vertical to one foot (1') horizontal is permitted.
15.05.09.07.03.09
All underground utilities shall be installed prior to paving to avoid cuts in the pavement. Building sewers and water service connections shall be installed to the edge of the right_of way prior to paving.
15.05.09.07.03.10
Grades of all streets shall, within the limits stated above, conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards specified herein.
15.05.09.07.03.11
All changes in grade shall be connected by vertical curves in order to provide the following minimum stopping sight distances based on the street design speed.
DESIGN SPEED |
STOPPING SIGHT DISTANCE |
20 miles per hour |
125' |
25 miles per hour |
150' |
30 miles per hour |
200' |
35 miles per hour |
250' |
Stopping sight distance shall be calculated with a height of eye at 3.5 feet and the height of object at 0.5 feet.
15.05.09.07.03.12
Cross (four_cornered) street intersections shall be avoided insofar as possible, except as shown on the Comprehensive Plan or at other important traffic intersections. A minimum distance of two hundred feet (200') shall be maintained between centerlines of side streets.
15.05.09.07.03.13
Where new street intersections are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the posted speed limit and conform to the table below. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of ten feet (10') behind the curbline or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.5 feet above the pavement.
ALLOWABLE SPEED ON ROAD TO BE ENTERED |
REQUIRED SIGHT DISTANCE |
25 miles per hour |
250' |
30 miles per hour |
300' |
35 miles per hour |
350' |
40 miles per hour |
400' |
45 miles per hour |
450' |
Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.
15.05.09.07.03.14
Street curbs and gutters shall be required on all streets within Maine State Highway Commission defined urban compact areas or within any areas designated in the Capital Improvements Plan or Comprehensive Plan as areas of compact development. Granite curbing shall be installed on a thoroughly compacted gravel base of six inches (6") minimum thickness. Bituminous curbing shall be installed on the base course of the pavement. The specified pavement width above shall be measured between the curbs. Where curbs and gutters are not required, stabilized shoulders and proper drainage shall be the responsibility of the developer in compliance with the requirements herein.
15.05.09.07.03.15
The aggregate sub_base course shall be sand and gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three inch (3") square mesh sieve shall meet the following grading requirements:
SIEVE DESIGNATION |
PERCENTAGE BY WEIGHT PASSING SQUARE MESH SIEVE |
1/4" |
25 - 70% |
No. 40 |
0 - 30% |
No. 200 |
0 - 7% |
Aggregate for the sub_base shall contain no particles of rock exceeding four inches (4") in any dimension.
15.05.09.07.03.16
The aggregate base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a 3 inch (3") square mesh sieve shall meet the following grading requirements:
SIEVE DESIGNATION |
PERCENTAGE BY WEIGHT PASSING SQUARE MESH SIEVE |
1/2" |
45 - 70% |
1/4" |
30 - 55% |
No. 40 |
20% |
No. 200 |
0 - 5% |
Aggregate for the base shall contain no particles of rock exceeding two inches (2") in any dimension.
15.05.09.07.03.17
Minimum standards for the base layer of pavement shall be the M.D.O.T. specifications for plant mix grade B with an aggregate size no more than one inch (1") maximum.
Minimum standards for the surface layer of pavement shall meet the M.D.O.T. specifications for plant mix grade C with an aggregate size no more than 3/4 inch maximum.
15.05.09.07.03.18
Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.
15.05.09.07.03.19
All esplanade or planting strip areas at sides of streets shall receive at least six inches (6") of compacted top_soil (loam) free of stones over one inch (1") in diameter, sods, and clay.
Base material shall be removed prior to placement of topsoil. Planting strips to be limed at the rate of one (1) pound per ten (10) square feet and fertilized at the rate of one (1) pound of a 10_10_10 fertilizer per fifty (50) square feet or equivalent and seeded with a conservation mix endorsed by the Penobscot County Soil and Water Conservation District. When required by the Planning Board, street trees shall be planted in the esplanade areas of all new streets.
Trees of the first magnitude (Birch, Beech, Linden, Oak, Pine, Sugar Maple, Basswood) shall be planted at 40_60 foot intervals.
Trees of the second magnitude (Hawthorn, Flowering Crabapple, etc.) may be planted at intervals of less than 40 feet.
15.05.09.07.04 Bikeways/Pedestrian Ways
Bikeways/pedestrian ways (paved shoulders) shall be installed at the expense of the developer in all subdivisions. When installed, sidewalks shall be built to the following standards.
15.05.09.07.04.01
For bituminous sidewalks the crushed aggregate base course shall be no less than eight inches (8") thick and the hot bituminous pavement surface course shall be no less than two inches (2") after compaction.
15.05.09.07.04.02
For Portland Cement concrete sidewalks the sand base shall be no less than six inches (6") thick and the Portland Cement concrete shall be reinforced with six inch (6") square, number 10 wire mesh and shall be no less than four inches (4") thick.
15.05.09.07.05 Names
Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblance to the names of existing streets in Veazie or Bangor and shall be subject to the approval of the Planning Board. Street name signs shall be furnished and installed by the developer. The type, size and location of signs shall be to the approval of the Planning Board.
15.05.09.08 Landscaping, Buffering and Screening
All site plans shall demonstrate that the landscape will be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and grade changes. Landscaping shall be designed to soften, buffer, screen or enhance the physical design of structures and parking areas to minimize the encroachment of the proposed use on abutting uses, subject to the following:
15 05.12.08.01 Buffers
Buffers shall be provided and maintained:
15.05.09.08.01.01
Along property lines between varying uses;
15.05.09.08.01.02
Along interior roads running parallel to roads exterior to the site in order to prevent driver confusion, particularly at night;
15.05.09.08.01.03
Along property lines when necessary to prevent any proposed lighting from interfering with residential property or with safe driving;
15.05.09.08.01.04
Along all parking areas to minimize their visual impact on adjoining traveled ways and properties;
15.05.09.08.01.05
Along all rear lot lines.
15.05.09.08.02 Screening
Screening shall be provided and maintained:
15.05.09.08.02.01
To block from view from adjoining traveled ways and properties all loading areas, waste collection and disposal areas, parking areas for commercial vehicles and outdoor storage and work areas for commercial and industrial operations;
15.05.09.08.02.02
To deter entry to a site where potential safety hazards to children exists on the site;
15.05.09.08.02.03
Along any line of any lot between a residential use and an industrial or commercial use or between a commercial and an industrial use.
15.05.09.08.02.03.01
Between a residential zone and an industrial zone screening may consist of sufficient plantings in an area at least seventy-five feet (75') in width or of other materials in such width and at such height as to provide an effective visual barrier at the property line. Such screening shall be provided by the developer of any lot(s) who causes a residential and an industrial use to be adjacent to one another.
15.05.09.08.02.03.02
Between a commercial zone and an industrial or residential zone screening may consist of sufficient plantings in an area at least twenty-five feet (25') in width or of other materials in such width and at such height as to provide an effective visual barrier at the property line. Such screening shall be provided by the developer of any lot(s) who causes commercial, residential or industrial uses to be adjacent to one another.
15.05.09.08.02.04
Along property lines when necessary to prevent prevailing winds from causing wind_borne debris to leave the site.
15.05.09.08.03
All buffers and screening shall be durable and properly maintained at all times by the owner in a neat and sanitary manner, blending in as much as possible with the natural vegetation, and shall be so located within the property lines to allow access for maintenance on both sides without intruding upon abutting properties.
15.05.09.08.04
Natural features shall be maintained wherever possible to provide a buffer between the proposed development and non_compatible abutting properties and public roadways. When natural features such as topography, gullies, stands of trees, shrubbery, rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be provided to satisfy the purposes stated above. Properly planted evergreens shall be used as buffers or screens. An evergreen buffer requires two (2) or three (3) rows of staggered plantings. The rows should be five feet (5') apart and the evergreens planted four feet (4') on center. All plantings required under this ordinance shall be of a type and species appropriate for the soil types and climatic conditions in Veazie.
15.05.09.08.05
Unless otherwise specifically indicated by the Planning Board, all plant materials used in any buffer or screening required under this ordinance, shall meet the following minimum size standards:
PLANT TYPE |
IF SITE ABUTS VACANT LAND |
ALL OTHER SITES |
Canopy tree single stem multiple stem |
1.5 inch caliper 6 feet high |
2.5 inch caliper 10 feet high |
Understory tree |
4 feet high |
1.5 inch caliper |
Evergreen tree |
3 feet high |
5 - 7 feet high |
Shrub deciduous evergreen |
15 inches high 12 inches high |
24 inches high 18 inches high |
15.05.09.08.06
At no time will screening or buffering be maintained so as to block the field of view from present or potential traffic access points.
15.05.09.08.07
The developer shall provide plans demonstrating that any required screening or buffering will be adequately maintained into the foreseeable future. Such plans may include deed restrictions requiring successors in interest to maintain the buffering and screening. Unless other arrangements satisfactory to the Planning Board are made, maintenance and care of buffering and screening shall be the responsibility of the developer.
15.05.09.09 Water Supply
All site plans shall demonstrate that the proposed development shall have sufficient water available for the reasonably foreseeable needs of the development, in accordance with the following:
15.05.09.09.01
The developer shall demonstrate by actual test or by a signed affidavit from an authorized representative of the servicing water company that water, meeting Public Health Service, Drinking Water Standards, 1962, can be supplied to the development
* at the rate of at least 350 gallons per day per dwelling unit if the development consists of dwelling units; and
* at an adequate pressure and volume for fire fighting purposes.
15.05.09.09.02
The developer shall demonstrate in the form of signed affidavits from the servicing water company that the proposed development shall not cause an unreasonable burden on the municipal water supply, if such supply is to be utilized, and that said water company has approved the design specifications of any water supply system that shall be connected to the municipal water supply.
15.05.09.09.03
The minimum size of a water main connected to a public water supply shall be six inches (6").
15.05.09.09.04
Because they are difficult to maintain in a sanitary condition, dug wells shall be permitted only if it is not economically or technically feasible to develop other groundwater sources.
15.05.09.09.05
The water supply system shall be designed and installed in accordance with requirements of the Maine Department of Human Services.
15.05.09.09.06
If a central water supply system is provided by the developer, location and protection of the source, and design, construction, and operation of the distribution system and appurtenances and treatment facilities shall conform to the recommendations included in the Manual for Evaluating Public Drinking Water Supplies, Public Health Service No. 1180 (1969).
15.05.09.09.07
The quantity of water to be taken from groundwater sources will not lower the groundwater table at the property lines by more than two feet (2') or to the unreasonable detriment of any existing groundwater, cause salt water intrusion to any existing well, cause undesirable changes in groundwater flow patterns, or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in ten (10) years.
15.05.09.09.08
The proposed development shall not cause water pollution or other diminution of the quality of the groundwater supply from which the water is to be extracted.
15.05.09.09.09
The proposed development shall not be within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.
15.05.09.09.10
Nothing in this procedure, and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.
15.05.09.10 Water Pollution
All site plans shall demonstrate that the proposed development shall not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water or of body or course of water, and that the development shall comply with the following standards:
15.05.09.10.01
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, obnoxious, toxicity, or temperature that run off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, or harm such waters, impair designated uses or the water classification of a water body or cause 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.
15.05.09.10.02
All above ground storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, shall be located on impervious materials, 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 25_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 330 gallons in size are exempted from this requirement.
15.05.09.10.03
All below ground tanks must meet the standards of the Maine Department of Environmental Protection.
15.05.09.10.04
No development shall increase any contaminant concentration in the groundwater to more than one_half (1/2) of the Primary Drinking Water Standards or more than the Secondary Drinking Water Standards.
15.05.09.10.05
If existing groundwater quality already fails to meet the Primary Drinking Water Standards, and the development is to be served by on_site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated in order to meet such standards.
15.05.09.10.06
If existing groundwater quality already fails to meet the Secondary Drinking Water Standards, the development shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.
15.05.09.10.07
Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the hydrogeologic assessment of groundwater impacts, if one has been required. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the final plan and as restrictions in the deeds to the affected lots.
15.05.09.10.08
The Planning Board shall require lot sizes larger than required by this ordinance where completion of the following formula indicates such lot sizes or densities are necessary in order to meet the standards above.
d = (q) (Cnitrate _ Cb) + (Cs) (qs)
d is the allowable housing density in dwellings per acre.
q is the rate of natural groundwater recharge, averaged over the year in gpm/acre;
some representative numbers, based on soil types are:
SOIL TYPE |
VALUE OF q |
glacio-marine clay-silt |
0.11 - 0.23 |
thick silty clay |
0.23 |
thin soil over rock |
0.33 |
thin till over rock |
0.46 |
sandy glacial till |
0.57 |
glacio-marine fine sands |
0.91 |
raised beach deposits |
1.16 |
sand and gravel |
1.16 |
Cnitrate is the resultant concentration of nitrate_nitrogen in groundwater as a result of subsurface sewage disposal systems, 5 mg/1.
Cb is the background concentration of nitrate nitrogen in groundwater; if records are not available, assume 0.25 mg/1.
Cs is the nitrate_nitrogen concentration in typical septic tank discharge, 30 mg/1. qs is the average leachfield discharge rate per dwelling, which is equal to 70% of 300 gallons per day or 0.15 gal/min.
15.05.09.10.09
The proposed development shall not otherwise cause undue water pollution, taking into consideration at least the following factors:
15.05.09.10.09.01
The elevation of the land above sea level and its relation to the flood plains;
15.05.09.10.09.02
The nature of the soils and subsoils and their ability to adequately support waste disposal;
15.05.09.10.09.03
The slope of the land and its effect on effluents;
15.05.09.10.09.04
The availability of streams for disposal of effluents;
15.05.09.10.09.05
Any applicable state and local health and water resource rules and regulations.
15.05.09.11 Stormwater Management
All site plans shall demonstrate that the proposed development shall provide for adequate stormwater management in compliance with the following standards:
15.05.09.11.01
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 volume, velocity and location of runoff. If runoff after development would exceed by 10% pre development runoff conditions, the off site impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity, land use and land cover characteristics. Appropriate methods of reducing off site impact shall be employed. Stormwater collection facilities shall be designed to accommodate a 24 hour, 25 year recurrence interval storm.
15.05.09.11.02
Stormwater runoff systems shall be designed to facilitate aquifer recharge when it is advantageous to compensate for groundwater withdrawals or reductions in infiltration. Conversely, designs should avoid recharge where ground water effects might be harmful. Design of permanent storage facilities shall consider safety, appearance, recreational use, and cost and effectiveness of maintenance operations, in addition to the primary storage function. Natural overland flows, and open drainage channel and swale locations shall be used when available, provided that within residential developments, stormwater runoff systems shall be underground and open ditches shall be kept to an absolute minimum. Energy dissipators (flow controls), to reduce high flow velocities, and other forms of outfall protection shall be employed where enclosed drains
discharge onto erodible soils or at other locations as may be necessary. Stormwater and surface water runoff, whether channelized or not, shall not be diverted onto adjacent properties without an easement, unless in a natural or previously existing channel.
15.05.09.11.03
The stormwater management system shall be designed to accommodate upstream drainage, taking into account existing conditions and approved or planned developments not yet built and shall include a surplus design capacity factor of 25% for potential increases in upstream runoff.
15.05.09.11.04
Downstream drainage requirements shall be studied to determine the effect of the proposed development, including the 25% surplus design capacity factor as required above. The storm drainage shall not overload existing or future planned storm drainage systems downstream from the development. The applicant shall be responsible for financing any improvements to existing drainage systems required to handle the increased storm flows.
15.05.09.11.05
The minimum pipe size for any storm drainage pipe shall be fifteen inches (15"). Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two feet (2').
Pipe shall be bedded in a fine granular material, containing no stones larger than three inches (3"), lumps of clay, or organic matter, reaching a minimum of six inches (6") below the bottom of the pipe extending to six inches (6") above the top of the pipe.
15.05.09.11.06
Catch basins shall be installed where necessary and located at the curb line.
15.05.09.11.07
Drain inlet alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Planning Board after consultation with a professional engineer.
15.05.09.11.08
Manholes shall be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes shall be placed at a maximum of four hundred foot (400') intervals.
15.05.09.11.09
Natural and man made drainage ways and drainage outlets shall be protected from erosion caused by water flowing through them. They shall be stabilized with vegetation, lined with rip_rap or provided with other appropriate erosion control measures and shall incorporate features to reduce stormwater velocity.
15.05.09.11.10
Materials used in storm drainage construction shall comply with the following standards:
15.05.09.11.10.01 Reinforced Concrete Pipe
Reinforced concrete pipe shall meet the requirements of ASTM Designation C_76 (AASHTO M 170). Pipe classes shall be required to meet the soil and traffic loads with a safety factor of 1.2 on the .01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443_70, or of an approved preformed plastic jointing material such as Ramnek. Perforated Concrete Pipe shall conform to the requirements of AASHTO M 175 for the appropriate diameters.
15.05.09.11.10.02 Asbestos Cement Pipe
Asbestos cement pipe shall meet the requirements of ASTM Designation C-248 (AASHTO M 189). Pipe classes shall be required to meet the soil and traffic loads with a safety factor of 1.5 on the crushing strength. Joints shall be of the rubber gasket type meeting ASTM Designation D-1869-63, or of an approved preformed plastic sleeve type.
15.05.09.11.10.03 Corrugated Metal Pipe
Corrugated metal pipe shall be bituminous coated meeting the requirements of AASHTO Designation M 190 Type C for iron or steel pipe or AASHTO Designation M 196 for aluminum alloy pipe for sectional dimensions and type of bituminous coating. Pipe gauge shall be as required to meet the soil and traffic loads with a deflection of not more than 5%.
15.05.09.11.10.04 ABS Pipe
ABS (Acrylonitrile_butadiene-styrene) composite pipe and fittings shall conform to the requirements of AASHTO M 264 and AASHTO M 265. Perforated pipe shall conform to the requirements of AASHTO M 36, Type III.
15.05.09.11.10.05 Corrugated Plastic Pipe
Corrugated plastic pipe shall conform to the requirements of AASHTO M 252.
15.05.09.11.10.06 Manholes
Manholes shall be of precast concrete truncated cone section construction meeting the requirements of ASTM Designation C 478 or precast concrete manhole block construction meeting the requirements of ASTM Designation C 139, radial type. Bases may be cast in place 3,000 psi 28_day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and traps shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30 for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. The developer will provide the Town with an additional riser for each catch basin in the development.
15.05.09.11.10.07 Catch Basins
Catch basins shall be of precast concrete truncated cone section construction meeting the requirements of ASTM Designation C 478 or precast concrete manhole block construction meeting the requirements of ASTM Designation C 139, radial type. Castings shall be square cast iron sized for the particular inlet condition with the gratings perpendicular to the curb line. Bases may be cast in place 3,000 psi 28_day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and traps shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30 for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. The developer will provide the Town with an additional riser for each
catch basin in the development.
15.05.09.11.11
Stormwater drainage systems shall be designed so as to prevent the infiltration of stormwater into the public sewer system and shall be maintained as necessary to ensure proper functioning.
15.05.09.11.12
Wherever a stormwater drainage system, including a natural water course or drainage way, is not within a public right_of_way, perpetual easements shall be provided to the Town allowing maintenance and improvement of the system. Such easement shall be at least thirty feet (30') in width. In no event shall the granting of such an easement be deemed to require maintenance or improvement of the stormwater drainage system by the Town.
15.05.09.11.13
Maintenance of drainage facilities or water courses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
15.05.09.11.14
All site plans shall demonstrate in the form of signed affidavits from the Road Commissioner or his/her designee that the proposed development shall not place an unreasonable burden on the municipal stormwater drainage system, if such system is to be used, and that the Road Commissioner or his/her designee has approved the design specifications of any stormwater drainage system that shall be connected to the municipal system.
15.05.09.12 Sewage Disposal
All site plans shall demonstrate that the proposed development will provide for adequate sewage waste disposal, subject to the following standards:
15.05.09.12.01
All developments shall be connected to municipal sewage waste disposal facilities when required by municipal ordinances, Veazie Sewer District bylaws or State laws or when any part of the lot on which development occurs or, in the case of a subdivision, when any part of the tract or parcel to be subdivided, is within one thousand feet (1000') of an existing sewer line.
15.05.09.12.02
The developer shall demonstrate that the proposed development will provide for adequate sewage waste disposal, shall not cause an unreasonable burden on the municipal sewage waste disposal facilities, if such facilities are to be utilized, and that the Veazie Sewer District has approved the design specifications for any new sewer facilities to be connected to the municipal facilities.
15.05.09.12.03
Industrial or commercial waste waters may be discharged to municipal sewers only in such quantities or of such quality as to be compatible with 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 may include, but may not be limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution. The disposal of industrial or commercial waste waters by means other than the municipal sewerage system shall comply with the laws of the State of Maine concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into the municipal system.
15.05.09.12.04
When a development will produce sewage and when the development will not be serviced by municipal sewage waste disposal facilities, the applicant shall present a Maine Department of Human Services Bureau of Health Engineering site evaluation form, completed by a licensed site evaluator, evidencing adequate soil conditions for sufficient subsurface wastewater disposal, and shall also present sufficient evidence that the proposed subsurface wastewater facilities, when considered with other such facilities in the vicinity, will not have an undue adverse environmental effect. All subsurface sewage disposal systems shall be installed or replaced in conformance with the State of Maine Subsurface Wastewater Disposal Rules. The Planning Board shall not approve any development that employs a subsurface wastewater disposal system and is
located on soils rated poor or very poor by the Soil Suitability Guide for Land Use Planning in Maine. Where subsurface wastewater disposal is to be used, the minimum lot size shall be forty thousand (40,000) square feet.
15.05.09.12.05
When two (2) or more lots or buildings in different ownership share a common subsurface disposal system, the system shall be owned and maintained in common by an owners' association. Covenants in the deeds for each lot shall require membership in the association and provide for adequate funding of the association to ensure proper maintenance of the system.
15.05.09.12.06
Privies may be permitted in areas not served by municipal sewer facilities under the following conditions:
15.05.09.12.06.01
No plumbing of any kind shall be connected to or discharged into the privy pit.
15.05.09.12.06.02
The privy shall be located a minimum horizontal distance of one hundred feet (100') from the normal high water line of a water body.
15.05.09.12.06.03
The bottom of the privy pit shall either be at least two feet (2') above bedrock and the groundwater table at its highest point during the year or have a watertight vault.
15.05.09.12.06.04
Privies shall not be permitted on recent flood plain soils.
15.05.09.13 Soils
No activity shall be permitted in any area where the soil is rated severe or very severe for the proposed activity according to the County Soil Survey of the U.S.D.A. Soil Conservation Service, unless satisfactory evidence is presented that construction methods will overcome soil inadequacies.
15.05.09.14 [RESERVED]
15.05.09.15 Erosion
All site plans shall demonstrate that the proposed development will be completed so as to prevent soil erosion and sedimentation to the maximum extent possible and as not to result in a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results. Plans shall demonstrate that filling, grading, lagooning, dredging, earth moving and other similar use activities involving land disturbance or the presence of unstabilized soil will, at all stages of development, including during construction and during operation after completion, comply with the following standards:
15.05.09.15.01
Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion;
15.05.09.15.02
Development shall preserve salient natural features, keep cut_fill operations to a minimum and, to the greatest extent possible, follow the natural contours so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff. Areas of steep slopes, where high cuts and fills may be required, shall be avoided wherever possible. In any shoreland zone, on slopes greater than twenty_five percent (25%), there shall be no grading or filling within one hundred feet (100') of the normal high water line, except to protect the shoreline and prevent erosion.
15.05.09.15.03
The top of a cut or the bottom of a fill section shall not be closer than ten feet (10') to an ad joining property, unless otherwise specified in this ordinance and in no instance shall a cut or a fill exceed a three (3) to one (1) slope unless there will be provided an engineer certified retaining wall;
15.05.09.15.04
The development shall not unreasonably increase the rate or volume of surface water runoff from the proposed site;
15.05.09.15.05
Whenever feasible, natural vegetation shall be retained, protected and supplemented;
15.05.09.15.06
The area of exposed soil and the duration of exposure shall be kept to a practical minimum;
15.05.09.15.07
Any exposed ground area or disturbed soils shall be temporarily or permanently stabilized as quickly as practicable and, in any event, within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet (1 1/2 tons per acre), shall be anchored with netting, peg and twine, or other suitable method, and shall be maintained until a catch of vegetation is established over the entire disturbed area. 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, silt fences, or diversion ditches. Temporary erosion control features shall be maintained in functional condition
until removed.
15.05.09.15.08
Permanent vegetation and mechanical erosion control measures shall be installed as soon as practicable on the site, but in no event later than six (6) months after the initial date of exposure.
15.05.09.15.09
Dust control methods shall be employed during dry conditions.
15.05.09.15.10
Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods;
15.05.09.15.11
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and water courses and to repair any damage at his expense as quickly as possible; and
15.05.09.15.12
It is the responsibility of any person doing any act on or across a communal stream, watercourse or swale or upon the floodway or right_of_way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right_of_way during the duration of such activity and to return it to its original or equal condition after such activity is completed.
15.05.09.16 Flood Permit
If it is determined, based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps and information presented by the applicant, that the proposed development, or any part of it, is in a flood_prone area, the site plan shall not be approved until the applicant has obtained a Flood Hazard Development Permit pursuant to applicable municipal ordinances and any plat or map to be recorded contains a written condition that all structures, except water related structures, constructed in such an area shall be constructed with their lowest floors, including basements, at least one foot (1') above the 100_year flood level.
15.05.09.17 Air Quality
All site plans shall demonstrate through detailed documents and specifications that the proposed development will not result in undue air pollution and that it will comply with the following standards:
15.05.09.17.01
No emission of dust, ash, smoke or other particulate matter or gasses and chemicals shall be allowed or released into the ambient air which can cause damage to human or animal health or safety, vegetation, or property by reason of concentration or toxicity, which can cause soiling beyond the property boundaries, or which fails to meet or cannot meet current State or Federal standards, whichever are more stringent.
15.05.09.17.02
There shall not be discharged into the air dirt, dust or fly ash in excess of 0.3 grains per cubic foot of flue gas which is not more than fifty percent (50%) excess air.
15.05.09.17.03
Any stockage of sand, gravel, salt, saw dust or any other fine grain material in excess of twenty (20) cubic yards must be covered by either a structure or flexible material to prevent scattering by wind or water.
15.05.09.17.04
Any repairs, additions or upgrading of existing equipment or devices that produce smoke or particulate emissions shall be done to State and Federal standards in force at the time of such repairs, additions or upgrading. When State and Federal standards conflict, the more stringent standards shall apply.
15.05.09.17.05
No development shall cause or allow the emission of odorous air contaminants from any source such as to result in detectable odors at the lot line of the source which are measured in excess of the following limits:
15.05.09.17.05.01
For areas used for residential or commercial purposes within five hundred feet (500') of the lot line of the source, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor free air.
15.05.09.17.05.02
For the purposes of this regulation, two odor measurements shall be made within a period of one (1) hour, these measurements being separated by at least fifteen (15) minutes. These measurements shall be made outside the property line of the property from which the emission originates. The Barnebey_Cheney Scentometer, suitably calibrated, or any other instrument, device, or technique equivalent may be used in the determination of the intensity of an odor and may be used as a guide in the enforcement of this performance standard.
15.05.09.18 Refuse Disposal
All site plans shall demonstrate, in compliance with the following standards, that the proposed development will have adequate and environmentally sound means of disposing of the solid and liquid wastes that the proposed development can reasonably be expected to generate.
15.05.09.18.01
The applicant shall demonstrate by means of an affidavit from an appropriate official that the proposed development will not cause an unreasonable burden on the Town's ability to dispose of solid or liquid wastes if Town services are to be utilized.
15.05.09.18.02
Each plan shall demonstrate that all solid and liquid wastes reasonably expected to be generated by the proposed development will be disposed of in a timely manner and in accordance with applicable Federal and State laws and local ordinances. Such wastes shall not be kept on site for unreasonable lengths of time.
15.05.09.18.03
If Town waste disposal services are not to be utilized or if, because of the amount or types of waste to be generated, Town waste disposal services cannot be utilized, a plan will demonstrate that the developer has adequately provided for the efficient and environmentally sound disposal of all solid and liquid wastes reasonably expected to be generated by the proposed development.
15.05.09.18.04
Each plan shall demonstrate that all solid and liquid wastes reasonably expected to be generated by the proposed development will, during such times as they are kept on site, be stored in a safe, sanitary and environmentally sound manner and in such a way as not to pollute the site or adjoining land, air or water.
15.05.09.18.05
Deposits or accumulations of rubbish, junk, junk automobiles and parts thereof, discarded articles of any kind, household, industrial, commercial wastes shall not be made in any zone except at a dumping place or places designated by the Town Council, provided, however, that nothing in this paragraph shall be construed to prohibit the establishment of commercial or automobile junk yards as otherwise permitted by the ordinance.
15.05.09.19 Dangerous Materials and Wastes
With respect to materials or wastes that are potentially dangerous due to possible explosion, extreme fire hazard, chemical hazard or radioactivity and which are reasonably anticipated to be used in connection with the proposed development, site plans shall demonstrate the following:
15.05.09.19.01
No such materials shall be stored in bulk above ground unless they are located at least seventy five feet (75') from any lot line.
15.05.09.19.02
No such materials shall be stored in bulk below ground unless they are located at least forty feet (40') from any lot line.
15.05.09.19.03
All such materials shall be used, stored, manufactured, processed or assembled in accordance with all applicable Federal, State or local laws, codes, rules and regulations, which laws, codes, rules and regulations the applicant shall bring to the attention of the Planning Board.
15.05.09.19.04
There shall exist a written emergency plan that sets forth in detail what steps shall be taken in the event of the accidental spill, release, explosion or combustion of such materials. Said plan shall be approved by the Fire Chief or the State Fire Marshall's Office.
15.05.09.20 Vibration
With the exception of vibration necessarily involved in the construction or demolition of structures, or mining, excavation or extraction being carried out in compliance with this ordinance, no vibration shall be transmitted outside the lot where it originates.
15.05.09.21 Wildlife Habitat
All site plans will demonstrate that the proposed development will not have an undue adverse effect on significant spawning grounds or wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the Town of Veazie.
15.05.09.22 [RESERVED]
15.05.09.23 Heat
No radiant heat shall be perceptible beyond the lines of the lot on which it originates.
15.05.09.24 Light and Glare
All site plans shall demonstrate that the proposed development shall comply with the following requirements with respect to exterior lighting, with illumination levels measured with a photoelectric photometer having a spectral response luminous efficiency curve adopted by the International Commission on Illumination.:
15.05.09.24.01
Direct or indirect (glare or reflection) illumination shall not exceed 0.5 footcandle upon abutting residential properties or 1.0 footcandle upon any other abutting properties. For purposes of this paragraph, abutting properties shall include properties that are separated from the lot being developed by a street, road or right_of_way.
15.05.09.24.02
Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by or do not create or constitute a hazard or nuisance to motorists, pedestrians or neighboring residents and so that the maximum apex angle of the cone of illumination is restricted to one hundred fifty degrees (150).
15.05.09.24.03
The style of the light and light standard shall be consistent with the architectural style of the principal building.
15.05.09.24.04
The maximum height of free_standing lights shall be the same as the principal building but not exceeding twenty_five feet (25').
15.05.09.24.05
Spotlight_type fixtures attached to buildings shall be directed or shielded so as not to interfere with traffic or residential properties.
15.05.09.24.06
Freestanding lights shall be so located and protected as to avoid being easily damaged by vehicles.
15.05.09.24.07
Lighting shall be placed along streets, parking areas, at intersections and crosswalks and where various types of circulation systems merge, intersect or split. Parking areas shall be illuminated with an average of 1.5 footcandles throughout. Intersections shall be illuminated with at least 3 footcandles.
15.05.09.24.08
Pathways, sidewalks and trails shall be lighted with low or mushroom_type standards with illumination of sufficient intensity to provide for safe foot travel in otherwise dark conditions.
15.05.09.24.09
Stairways and sloping or rising paths, building entrances and exits require illumination sufficient to provide for safe foot travel in other wise dark conditions.
15.05.09.24.10
Lighting should be provided where buildings are set back or offset.
15.05.09.24.11
String lights of a wattage greater than seven (7) watts shall not be permitted.
15.05.09.24.12
There shall be no exterior commercial lights of the type that blink or in any other way cause distraction or annoyance to abutting residential properties or which pose hazard to traffic on public ways.
15.05.09.25 Noise
All site plans shall demonstrate that the proposed development will comply in all applicable respects with the following standards:
15.05.09.25.01
The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any use or activity shall not exceed the following limits, measured in decibels (dBA), at the property line of the receiving property:
ZONE |
7:00 A.M. - 10:00 P.M. |
10:00 P.M. - 7:00 A.M. |
Residential |
75 |
65 |
Industrial/Commercial |
80 |
75 |
Sound pressure shall be measured at all major lot lines at a height of at least four feet (4') above the ground. Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute. The instrument shall be set on the A-weighted response scale. Measurements shall be conducted in accordance with ANSI SI 51.2-1962 "American Standard Meter for the Physical Measurement of Sound".
15.05.09.25.02
Sound levels specified shall not be exceeded for more than fifteen (15) minutes in any one day, except for temporary construction or maintenance work, agricultural activity, timber harvesting, church bells, emergency warning devices or similar special circumstances.
15.05.09.25.03
An intermittent, irregular or infrequent source of sound shall be considered in violation of this ordinance if the source:
15.05.09.25.03.01
Increases the broadband sound level by more than ten (10) dBAs above ambient; or
15.05.09.25.03.02
Produces a "puretone" condition, that is when any octave band center frequency sound pressure level exceeds the two (2) adjacent center frequency sound pressure levels by three (3) dBAs or more; or
15.05.09.25.03
Occurs between the hours of 10:00 p.m. and 7:00 a.m. except in emergency situations.
15.05.09.26 Electromagnetic Radiation
All site plans shall demonstrate that the proposed development shall meet the following standards for electromagnetic radiation:
15.05.09.26.01
The development shall not produce electromagnetic radiation which fails to comply with the current regulations of the Federal Communications Commission.
15.05.09.26.02
Any operation in compliance with the Federal Communications Commission shall not be permitted if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors or quality and proper design because of proximity, primary field, blanketing, spurious reradiation conducted energy in power or telephone systems or harmonic content.
15.05.09.26.03
For purposes of determining the level of radiated electromagnetic interference, standard field strength measuring techniques shall be used. For measuring interference transmitted or conducted by power or telephone lines, a suitable turntable peak reading, radio frequency voltmeter shall be used. This instrument shall, by means of appropriate isolation coupling, be alternatively connected from line to line from line to ground during the measurement.
15.05.09.26.04
The determination of abnormal degradation in performance and or quality and proper design shall be made in accordance with good engineering practice as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Radio Manufacturer Association. In case of any conflict between the latest standards and principles of the above groups, precedence in the interpretation shall be in the following order (1) American Institute of Electrical Engineers; (2) Institute of Radio Engineers; (3) Radio Manufacturer Association.
15.05.09.27 Outdoor Storage or Displays
All site plans shall demonstrate that any materials or merchandise to be stored outdoors shall be stored in such a manner as to
15.05.09.27.01
Prevent the breeding and harboring of insects, rats or other vermin;
15.05.09.27.02
Provide adequate safety for all persons, including children living or playing in the vicinity.
15.05.09.28 Utilities
All site plans shall demonstrate that:
15.05.09.28.01
In new residential subdivisions any underground utilities shall be installed prior to the installation of the final gravel base of the road.
15.05.09.28.02
Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site.
15.05.09.28.03
All utilities, poles and streetlights shall be installed in conformity with the approved plan.
15.05.09.29 Fire Protection
15.05.09.29.01
Detailed building plans for commercial developments, transient accommodations, nursing homes, convalescent centers, multifamily dwellings and hospitals shall be approved, in writing, for compliance with Life Safety Codes by the State Fire Marshall's Office or by the Veazie Fire Chief.
15.05.09.29.02
No subdivision which has access to a public water supply shall be developed such that any building lot is more than five hundred feet (500'), as measured along a road, from a fire hydrant or more than two thousand feet (2,000'), as measured along a road, from a second fire hydrant, each of which has a capacity of seven hundred fifty (750) gallons per minute.
15.05.09.29.03
No subdivision which lacks access to a public water supply shall be developed so that any building lot is more than two thousand feet (2,000') from a fire pond having a forty_five thousand (45,000) gallon capacity or a dry hydrant with a capacity of seven hundred fifty (750) gallons per minute for sixty (60) minutes or some other water source acceptable to the Fire Chief.
15.05.09.29.04
All fire hydrants, dry hydrants and fire ponds shall be located such that they are accessible for all necessary snow removal.
15.05.09.29.05
All site plans shall demonstrate that the proposed development will not cause an unreasonable burden on the Town's ability to deliver fire protection services.
15.05.09.30 Comprehensive Plan
All site plans shall demonstrate that the proposed development conforms with a duly adopted comprehensive plan and with any other applicable municipal ordinances. In making this determination, the Planning Board may interpret the plan or ordinances.
15.05.09.31 Financial and Technical Capacity
All site plans shall demonstrate that the applicant has adequate financial and technical capacity to meet the standards set forth in this ordinance. In determining whether the applicant has adequate financial capacity, the Planning Board shall consider the reasonably anticipated cost of the proposed development and shall require the developer to provide proof that he/she/it has sufficient assets or financing arrangements to meet such cost.
15.05.09.32 Farmland
No building permit or site plan approval shall be granted by the Code Enforcement Officer or the Planning Board for any inconsistent development upon or use of land within one hundred fifty feet (150') of farmland properly registered pursuant to the provisions of 7 M.R.S.A. § 41 et seq., provided, however, that this section shall not apply to any lot or parcel of land which, together with any adjoining lot or parcel in the same ownership, was one (1) acre or less in the area as of January 1, 1988. This paragraph shall be construed and the requirements hereof varied in accordance with the definitions and procedures set forth in 7 M.R.S.A. § 41 et seq.
15.05.09.33 Other Municipal Services
All site plans shall demonstrate that the proposed development will not cause an unreasonable burden on the Town's ability to deliver other necessary services not otherwise described above, including, but not limited to police protection, road maintenance and snow removal and schools.
15.05.09.34 Violations, Taxes, Assessments
No plan shall be approved as long as the owner of the lot to be developed, the applicant, or any person with an ownership interest in the owner or applicant, is in violation of this ordinance, any land use statute, or any previously approved subdivision or site plan in the Town of Veazie, or in arrears in the payment of any local taxes or assessments.
15.05.10 Shoreland Standards
Notwithstanding and in addition to any other provisions of this ordinance, before granting site plan approval for any structure built on, over or abutting a dock, wharf, pier or other structure extending beyond the normal high water line of a water body or within a wetland or for any land use activity situated entirely or partially within two hundred fifty feet (250'), horizontal distance, of the normal high water line of any river, within two hundred fifty feet (250'), horizontal distance, of the upland edge of a coastal or freshwater wetland, or within seventy_five feet (75'), horizontal distance, of the high water line of a stream, as such terms are defined in 38 M.R.S.A. § 435 et seq., the Planning Board must find that the proposed plan will comply with such of the following standards as are applicable:
15.05.10.01 Agriculture
All site plans shall demonstrate that any agricultural activities in shoreland areas shall comply with the following:
15.05.10.01.01
All spreading or disposal of manure shall be accomplished in conformance with the Maine Guidelines for Manure and Manure Sludge Disposal on Land published by the University of Maine Soil and Water Conservation Commission in July 1972, or subsequent revisions thereof.
15.05.10.01.02
Manure shall not be stored or stockpiled within seventy_five feet (75') horizontal distance, of water bodies 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 storm water.
15.05.10.01.03
Agriculture practices shall be conducted in such manner to prevent soil erosion, sedimentation, and contamination or nutrient enrichment of surface waters.
15.05.10.01.04
There shall be no tillage of soil in a resource protection zone. There shall be no tillage of soil in excess of twenty thousand (20,000) square feet lying either wholly or partially in any other shoreland zone nor shall there be spreading, disposal or storage of manure in any shoreland zone unless:
* the tillage, spreading, disposal or storage is carried out in conformance with provisions of a conservation plan which meets the standards of the State Soil and Water Conservation Commission;
* the plan is approved in writing by the appropriate soil and water conservation district; and
* the written approval of the plan is filed with the Planning Board.
15.05.10.01.05
There shall be no tilling of soil within seventy-five feet (75'), horizontal distance, from water bodies; nor within twenty_five feet (25'), horizontal distance, of tributary streams, and wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.
15.05.10.01.06
After the effective date of this ordinance, newly established livestock grazing areas shall not be permitted within seventy_five feet (75'), horizontal distance, of water bodies, nor; within twenty_five feet (25'), horizontal distance, of tributary streams, and wetlands. Livestock grazing associated with ongoing farm activities and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.
15.05.10.02 Timber Harvesting
All site plans shall demonstrate that all timber harvesting proposed in a shoreland area shall comply with the following minimum requirements:
15.05.10.02.01
Within a shoreland area zoned for Resource Protection there shall be no cutting of vegetation within the strip of land extending seventy_five feet (75') inland from the normal high water line of a water body, except to remove safety hazards.
15.05.10.02.02
Except as provided in the preceding paragraph, selective cutting of no more than forty percent (40%) of the trees four inches (4") or more in diameter, measured at four and one_half feet (4 1/2') above ground level, shall be allowed in any ten (10) year period, provided that :
15.05.10.02.02.01
Within seventy_five feet (75'), horizontal distance, of the normal high water line of water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings and a well distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
15.05.10.02.02.02
At distances greater than seventy_five feet (75'), horizontal distance, of the normal high water line of water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than seven thousand five hundred (7,500) square feet in the forest canopy. Where such openings exceed five thousand (5000) square feet they shall be at least one hundred feet (100') apart. Such clearcut openings shall be included in the calculation of total volume removal. For the purposes of these standards volume may be considered to be equivalent to basal area.
15.05.10.02.02.03
No accumulation of slash shall be left within fifty feet (50') of the normal high water line of a water body. In all other areas slash shall either be removed or disposed of in a manner that it lies on the ground and no part thereof extends more than four feet (4') above the ground. Any debris that falls below the normal high water line of a water body shall be removed.
15.05.10.02.02.04
Timber harvesting equipment shall not use stream channels as travel routes except when surface waters are frozen and the activity will not result in any ground disturbance.
15.05.10.02.02.05
All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which will not be eroded or otherwise damaged.
15.05.10.02.02.06
Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
15.05.10.02.02.07
Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy_five feet (75') in width for slopes up to ten percent (10%) shall be retained between the exposed mineral soil and the normal high water line of a water body or upland edge of a wetland. For each ten percent (10%) increase in slope, the unscarified strip shall be increased by twenty feet (20'). The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five feet (25') from the normal high water line of a water body or upland edge of a
wetland.
15.05.10.03 [RESERVED]
15.05.10.04 Mineral Exploration and Extraction
All site plans shall demonstrate that mineral exploration and extraction activities, including mining, quarrying, and mineral or gravel extraction, shall comply with the following:
15.05.10.04.01
Mineral exploration to determine the nature or extent of mineral resources in a shoreland area shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface. All excavations, including test pits and 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.
15.05.10.04.02
Mineral extraction may be permitted provided that such extraction shall comply with the provisions of Section 15.05.11.12 and the following:
15.05.10.04.02.01
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 runoff control features shall be permitted within seventy-five feet (75') of the normal high water line of any water body or stream or the upland edge of any wetland.
15.05.10.04.02.02
Developers of new gravel pits along the Penobscot River shall demonstrate that no reasonable extraction site outside the shoreland zone exists. When gravel pits must be located within the shoreland zone, they shall be set back as far as practicable from the normal high water line and no less than one hundred feed (100') and shall be screened from the river by existing vegetation.
15.05.10.05 Uses Projecting Beyond High Water Line or into the Water or a Wetland
Site plans for piers, docks, wharves, bridges, breakwaters, causeways, marinas or other structures or uses extending over or beyond the normal high water line of a water body or into a water body or wetland shall demonstrate that the proposed development will comply with the following requirements provided, however, that such compliance shall not relieve the applicant from obtaining, before construction begins, all other required Federal, State and local licenses and permit:
NOTE: Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480_C.
15.05.10.05.01
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
15.05.10.05.02
The location shall not interfere with developed or natural beach areas.
15.05.10.05.03
The facility shall be located so as to minimize adverse effects on fisheries.
15.05.10.05.04
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.
15.05.10.05.05
The facility shall provide or have access to such sewage disposal facilities as may be required by State law or as may reasonably be required to accommodate the reasonably anticipated needs of its users and to minimize the possibility of intentional or accidental discharges of raw sewage into the water.
15.05.10.05.06
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending over or beyond the normal high water line of a water body or into a water body or wetland unless the structure requires direct access to the water as an operational necessity.
15.05.10.05.07
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 zone.
15.05.10.05.08
Except in the Industrial Zone, 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 twenty feet (20') in height above the pier, wharf, dock or other structure.
15.05.10.06 Lot Standards
All site plans for property located entirely or partially in a shoreland zone shall demonstrate that all lots shall comply with the following:
15.05.10.06.01
Land below the normal high water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.
15.05.10.06.02
Lots located on opposite sides of a public or private road approved by the Planning Board 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.
15.05.10.06.03
The minimum width of any portion of any lot within one hundred feet (100'), 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.
15.05.10.07 Roads and Driveways
All site plans for development including roads shall demonstrate that such roads shall be located, constructed and maintained so that minimal soil erosion and sedimentation of surface water results. Further, all roads, driveways, drainage systems, culverts and related features constructed in a shoreland area shall comply with the following:
15.05.10.07.01
Road crossings of watercourses shall be kept to the minimum number necessary.
15.05.10.07.02
Bottoms of culverts shall be installed at stream bed elevation.
15.05.10.07.03
All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible.
15.05.10.07.04
Bridges or culverts of adequate size and design shall be provided for all road crossings of watercourses which are to be used when surface waters are unfrozen.
15.05.10.07.05
Roads and driveways shall be set back at least seventy_five feet (75') from the normal high water line of water bodies, tributary steams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty feet (50') upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. All roads shall be located, constructed and maintained in
conformance with the erosion prevention provisions of Permanent Logging Roads for Better Woodlot Management published by the Division of State and Private Forestry, Forest Service Northeastern Area, U.S. Department of Agriculture, 1973, or subsequent revisions thereof.
On slopes of greater than twenty percent (20%) the road and/or driveway setback shall be increased by ten feet (10') for each five percent (5%) increase in slope above twenty percent (20%).
This subsection shall not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline due to an operational necessity.
15.05.10.07.06
Existing public roads may be expanded within the legal road right_of_way regardless of its setback from a water body.
15.05.10.07.07
New roads and driveways are prohibited in the Resource Protection Zone except to provide access to permitted uses within the zone, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the zone, in which case 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.
15.05.10.07.08
Road banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 15.05.10.03.
15.05.10.07.09
Road grades shall be no greater than ten percent (10%) except for short segments of less than one hundred feet (100').
15.05.10.07.10
In order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least feet (50') plus two (2) 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. Road 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.
15.05.10.07.11
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 in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
15.05.10.07.12.01
Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
ROAD GRADE (PERCENT) |
SPACING (FEET) |
0 - 2 |
250 |
3 - 5 |
200 - 135 |
6 - 10 |
100 - 80 |
11 - 15 |
80 - 60 |
16 - 20 |
60 - 45 |
21+ |
40 |
15.05.10.07.12.02
Drainage dips may be used in place of ditch relief culverts only where the road grade is ten percent (10%) or less.
15.05.10.07.12.03
On road sections having slopes greater than ten percent (10%), ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road.
15.05.10.07.12.04
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.
15.05.10.07.13
Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to ensure effective functioning.
15.05.10.08 Subsurface Wastewater
All site plans for shoreland areas shall demonstrate that all subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in area and shall be set back no less than one hundred (100) horizontal feet from the normal high water line of a perennial water body, provided, however, that where anticipated daily sewage flow exceeds two thousand (2,000) gallons, the foregoing setback shall be increased to three hundred feet (300'). For new subsurface wastewater disposal systems, this requirements shall not be reduced by variance.
15.05.10.09 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, prepared by a State certified professional based on an on site investigation. A certified professional may include Maine Certified Soil Scientist, Maine Professional Engineer, Maine State Certified Geologist or any other person who has training and experience in the recognition and evaluation or 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. 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 water table and depth to refusal. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
15.05.10.10 Principal and Accessory Structures
All site plans shall demonstrate that all principal and accessory structures in a shoreland zone shall comply with the following:
15.05.10.10.01
All new principal and accessory structures shall be set back at least seventy_five feet (75') from the normal high water line of a water bodies, tributary stream, or the upland edge of a wetland that is ten (10) acres or larger. All new structures shall be set back at least twenty-five feet (25') from other wetlands. The setback provisions contained herein shall not apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water_dependent uses.
15.05.10.10.02
Principal and accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Limited Commercial and Stream Protection Zones shall not exceed thirty-five feed (35') in height. This provision shall not apply to electrical transmission lines, poles or towers.
15.05.10.10.03
The total area of all structures, parking lots and other non_vegetated surfaces, within the shoreland zone shall not exceed twenty percent (20%) of the lot or a portion there of, located within the shoreland zone, including land area previously developed, except in the Industrial District adjacent to tidal waters and rivers, where lot coverage shall not exceed sixty percent (60%).
15.05.10.10.04
Notwithstanding the dimensional, setback and coverage requirements of the applicable zone and the requirements of Section 15.05.09.08, 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 (4') 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.
15.05.10.11 Clearing of Vegetation for Development
All site plans shall demonstrate that clearing of vegetation for purposes of development shall be accomplished in accordance with the following:
15.05.10.11.01
Within a shoreland area zoned for resource protection, there shall be no cutting of vegetation within the strip of land extending seventy-five feet (75'), horizontal distance, inland from the normal high_water line, except to remove safety hazards.
Elsewhere, in any resource protection zone the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that zone.
15.05.10.11.02
Except in areas as described in Section 15.05.10.11.01 above, and except to allow for the development of permitted uses, within a strip of land extending seventy_five feet (75'), 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:
15.05.10.11.02.01
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