Town of
WESTPORT ISLAND
in
Lincoln County, Maine
BUILDING CODE ORDINANCE
Voted by town:
Originally
adopted: June 11, 1988
Revision
adopted: November 7, 2006
Building
Code Ordinance - Town of Westport Island, Maine
SECTION
1. Purposes..................................................................................................................................................................................... 3
SECTION 2. Authority.................................................................................................................................................................................... 3
SECTION 3. Applicability.............................................................................................................................................................................. 3
SECTION 4. Effective Date and
Repeal of Formerly Adopted Ordinance.............................................................................................. 3
SECTION 5. Availability................................................................................................................................................................................. 3
SECTION 6. Severability................................................................................................................................................................................ 3
SECTION 7. Conflicts with Other
Ordinances............................................................................................................................................ 3
SECTION 8. Amendments.............................................................................................................................................................................. 3
SECTION 9. Districts and Zoning
Map....................................................................................................................................................... 4
A. Official Town of Westport
Island Zoning Map................................................................................................................................ 4
B. Scale of Map........................................................................................................................................................................................... 4
C. Certification of Official
Westport Island Zoning Map..................................................................................................................... 4
D. Changes to the Official
Westport Island Zoning Map.................................................................................................................... 4
SECTION 10. Interpretation of
District Boundaries................................................................................................................................... 4
SECTION 11. Land Use
Requirements......................................................................................................................................................... 4
SECTION 12. Non-conformance................................................................................................................................................................... 4
A. Purpose................................................................................................................................................................................................... 4
B. General..................................................................................................................................................................................................... 4
C. Non-conforming Structures.................................................................................................................................................................. 5
D. Non-Conforming Uses.......................................................................................................................................................................... 5
E. Non-Conforming Lots............................................................................................................................................................................ 6
SECTION 13. Establishment of
Districts...................................................................................................................................................... 6
SECTION 14. Table of Land Uses................................................................................................................................................................. 6
SECTION 15. Land Use Standards............................................................................................................................................................... 8
A. Minimum Lot Standards....................................................................................................................................................................... 8
B. Principal and Accessory
Structures.................................................................................................................................................... 8
C. Campgrounds.......................................................................................................................................................................................... 9
D. Individual Private Campsites.............................................................................................................................................................. 10
E. Commercial and Industrial
Uses......................................................................................................................................................... 10
F. Parking Areas........................................................................................................................................................................................ 10
G. Roads and Driveways.......................................................................................................................................................................... 11
H. Signs...................................................................................................................................................................................................... 11
I. Storm Water Runoff.............................................................................................................................................................................. 12
J. Septic Waste Disposal......................................................................................................................................................................... 12
K. Essential Services................................................................................................................................................................................ 12
L. Mineral Exploration and
Extraction.................................................................................................................................................... 12
M. Agriculture........................................................................................................................................................................................... 13
N. Timber Harvesting............................................................................................................................................................................... 13
O. Clearing of Vegetation for
Development.......................................................................................................................................... 13
P. Erosion and Sedimentation
Control................................................................................................................................................... 14
Q. Soils........................................................................................................................................................................................................ 14
R. Water Quality........................................................................................................................................................................................ 15
S. Archaeological Sites............................................................................................................................................................................ 15
T. Home Occupations............................................................................................................................................................................... 15
SECTION 16. Administration....................................................................................................................................................................... 16
A. Administering Bodies and
Agents................................................................................................................................................... 16
B. Permits Required................................................................................................................................................................................... 16
C. Permit Application................................................................................................................................................................................ 17
D. Procedure for Administering
Permits................................................................................................................................................ 17
E. Expiration of Permit............................................................................................................................................................................... 18
F. Installation of Public
Utility Service.................................................................................................................................................. 18
G. Appeals.................................................................................................................................................................................................. 18
H. Enforcement.......................................................................................................................................................................................... 20
SECTION 17. Definitions.............................................................................................................................................................................. 21
Building Code Ordinance -
Town of Westport Island, Maine
The provisions set forth in this Building
Code Ordinance are intended to protect the public health and safety, promote
the general welfare of the Town of Westport Island, and conserve the environment
by assuring development is designed and executed in a manner consistent with
the goals and policies of the Town of Westport Island Comprehensive Plan,
assuring that adequate provisions are made for protection and conservation of
the town’s water supply and ground water; for adequate sewage disposal; for
preservation of the natural beauty and rural character; for traffic safety and
access; for emergency access; for management of storm water, erosion, and
sedimentation; for protection of the environment, wildlife habitat, fisheries,
and unique natural areas; and for protection of historic and archaeological
resources; while minimizing the adverse
impacts on adjacent properties; and fitting the project harmoniously into the
fabric of the community.
This ordinance has been prepared in accordance with the provisions of Home Rule Authority of the Maine Constitution and subject to the restrictions to that authority as provided in Title 30-A of the M.R.S,A.
This Ordinance applies to all land areas within the Town of Westport Island.
This Ordinance was adopted at town meeting on XXXX xx, 200x. Upon approval of this Ordinance, the Building Code ordinance previously adopted June 11, 1988 and amended from time to time is hereby repealed.
Any application for a permit submitted to the municipality after the date of town approval shall be governed by this Ordinance.
A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Electronic copies will be made available on the website of the Town of Westport Island, and hard copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted.
Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the Ordinance.
Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.
This Ordinance may be amended by majority vote of the town meeting. Amendments may be initiated by a majority vote of the Planning Board or by request of the Board of Selectmen, or on petition of 10% of the votes cast in the last gubernatorial election in the town. The Board of Selectmen shall conduct a public hearing on any proposed amendment.
The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Town of Westport Island Zoning Map(s), which is (are) made a part of this Ordinance:
1. Limited Development District
2. Limited Residential/Commercial District
3. Commercial Fisheries/Maritime Activities District
The Official Westport Island Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.
The Official Westport Island Zoning Map shall be certified by the attested signature of the Town Clerk and shall be located in the town office.
If amendments, in accordance with Section 8, are made in the district boundaries or other matter portrayed on the Official Town of Westport Island Zoning Map, such changes shall be made on the Official Town of Westport Island Zoning Map within thirty (30) days after the amendment has been approved by the town.
Unless otherwise set forth on the Official Town of Westport Island Zoning Map, district boundary lines are property lines, the center lines of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. However, Commercial Fisheries/Maritime Activities (CFMA) District boundaries do not have to follow property lines. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.
It is the intent of this Ordinance to promote land use conformities, except that non-conforming conditions that existed before the effective date of this Ordinance shall be allowed to continue, subject to the requirements set forth in this section.
1. Transfer of Ownership: Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.
2. Repair and Maintenance: This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.
1. Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure.
Further Limitations:
a. Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided: that 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 basing its decision on the criteria specified in subsection 2, Relocation, below; that the completed foundation does not extend beyond the exterior dimensions of the structure; and that the foundation does not cause the structure to be elevated by more than three (3) additional feet.
2. Relocation: A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, 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 non-conforming.
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.
3. Reconstruction or Replacement: Any non-conforming structure which is damaged or destroyed may be repaired or reconstructed in place with a permit from the Code Enforcement Officer, provided that the permit is obtained within two years of the date of said damage or destruction. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.
4. Change of Use of a Non-conforming Structure: The use of a non-conforming structure may not be changed to another use unless the Planning Board after receiving a written application determines that the new use will have no greater adverse impact on the subject or adjacent properties and resources than the existing use.
In determining that no greater adverse impact will occur, the Planning Board shall consider the probable effects of public health and safety, erosion and sedimentation, quality of the water supply, wildlife habitat, vegetative cover, natural beauty, archaeological and historic resources.
1. Expansions: Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as permitted in Section 12.C.1 above.
2. Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding two years, or which is superseded by a conforming use, may not again be devoted to a non-conforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.
3. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 12.C.4 above.
See Minimum Lot Size Ordinance
A. Limited Development District
Please refer to Shoreland Zoning Ordinance
B. Limited Residential/Commercial District
The Limited Residential/Commercial District includes all other areas not specifically identified as a Limited Development District in Paragraph A. above, or a Commercial Maritime Fisheries Activities District identified as Paragraph C. below.
C. Commercial Fisheries/Maritime Activities District
Please
refer to Shoreland Zoning Ordinance. Non-residential
development projects are referred to the Site Plan Review Ordinance.
All land use activities, as indicated in Table 1, Land Uses in the Town of Westport Island, shall conform to all of the applicable land use standards in Section 15. The district designation for a particular site shall be determined from the Official Westport Island Zoning Map.
Key to Table 1:
Yes Allowed (no permit required but the use must comply with all applicable land use standards)
No Prohibited
PB Requires permit issued by the Planning Board
CEO Requires permit issued by the Code Enforcement Officer
LPI Requires permit issued by the Local Plumbing Inspector
Abbreviations:
LD Limited Development
LRC Limited Residential/Commercial
CFMA Commercial Fisheries/Maritime Activities
TABLE 1. LAND USES IN THE TOWN OF WESTPORT ISLAND
Land Uses Districts
LD LRC CFMA
1. Non-intensive recreational uses not requiring structures such as hunting,
fishing, and hiking yes yes yes
2. Motorized vehicular traffic on existing roads and trails yes yes yes
3. Forest management activities except for timber harvesting yes yes yes
4. Timber harvesting yes yes yes
5. Clearing of vegetation for approved construction and other allowed uses yes yes yes
6. Fire prevention activities yes yes yes
7. Wildlife management practices yes yes yes
8. Soil and water conservation practices yes yes yes
9. Mineral exploration CEO1 CEO1 CEO1
10. Mineral
extraction including sand and gravel extraction PB4 PB4 PB4
11. Surveying and resource analysis yes yes yes
12. Emergency operations yes yes yes
13. Agriculture yes yes yes
14. Principal structures and uses
A. One and two family residential CEO CEO CEO
B. Multi-unit residential PB PB PB
C. Commercial no PB PB2
D. Industrial no PB PB2
E. Governmental and Institutional no PB PB2
F. Small non-residential facilities for educational, scientific,
or nature interpretation purposes CEO CEO PB2
15. Structures accessory to
allowed uses CEO CEO PB2
16. Conversions of seasonal residences to year-round residences LPI LPI no
17. Home occupations CEO3 CEO3 yes
18. Private sewage disposal systems for allowed uses LPI LPI LPI
19. Essential services PB PB PB
20. Service drops, as defined, to allowed uses yes yes yes
21. Public and private recreational areas involving minimal structural development PB CEO CEO2
22. Individual and private campsites CEO CEO CEO
23. Campgrounds PB PB no
24. Road and driveway construction PB PB PB2
25. Parking facilities PB PB PB2
26. Filling and earthmoving of less than 10 cubic yards yes yes yes
27. Filling and earthmoving of greater than 10 cubic yards CEO CEO CEO
28. Signs yes yes yes
29. Uses similar to allowed uses CEO CEO CEO
30. Uses similar to uses requiring a CEO permit CEO CEO CEO
31. Uses similar to uses requiring a PB permit PB PB PB
32. Relocation of a non-conforming structure PB PB PB
1 Requires permit from the CEO if more than 100 square feet of surface area, in total, is disturbed
2 Water-dependent uses and uses accessory to such water dependent uses only within 75' of water
3 May require a permit from CEO (see section 15T below)
4 May require Site Plan Review (see Site Plan Review Ordinance)
All land use activities shall conform to the following provisions, if applicable.
1. See Minimum Lot Size Ordinance.
2. Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
3. If more than one residential dwelling unit or more than one principal commercial or industrial structure is constructed on a single parcel, each additional dwelling unit or principal structure shall require an additional fifty (50) feet of frontage. All other dimensional requirements shall be met for each additional dwelling unit or principal structure.
1. Building Standards
a. Each dwelling shall have at least two suitable exit doorways.
b. Chimneys constructed and installed in accordance with Chapter 211 of Volume 4 of the current issue of the National Fire Code as amended, published by the National Fire Protection Association, shall be deemed to be standard practice for safe installation and use.
2. Principal or accessory structures and expansions of existing structures which are permitted in the Limited Development District, and Limited Residential/Commercial District, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.
3. The total area of all structures, parking lots and other non-vegetated surfaces, excepting one access road shall not exceed twenty (20) percent of the lot or a portion thereof, including land area previously developed except in the Commercial Fisheries/Maritime Activities District where lot coverage shall not exceed seventy (70) percent.
4. Minimum Lot Width
a. No single family dwelling shall be erected or building altered to accommodate one family as a residence on a lot having a width of less than one hundred and fifty (150) feet measured through that part of the building where the lot is narrowest.
b. No two-family or multiple dwellings shall be erected or buildings altered to accommodate two-family or multiple dwellings on lots having less than an additional fifty (50) foot width measured through that part of the building where the lot is narrowest, per living unit, above and beyond the initial one hundred fifty (150) foot width limitation.
5. Frontage
a.
No single family dwelling shall be erected or building altered to accommodate
one family as a residence on a lot having frontage less than one hundred and
fifty (150) feet on a public or private roadway or on any lake, pond, river, or
stream except that there shall be no minimum frontage
requirement on any driveway serving two lots or less.
b. No two family or multiple dwellings shall be erected or buildings altered to accommodate two-family or multiple dwellings on lots having less than an additional fifty (50) foot frontage on a public or private roadway or on any lake, pond, river, stream or seashore per additional family living unit, above and beyond the initial two hundred (200) foot limitation or one hundred fifty (150) foot limitation, whichever is applicable, for single family dwellings.
6. Set Back
No building or structure or any portion thereof shall be erected within seventy-five (75) feet in the Limited Development District, or forty (40) feet in the Limited Residential/Commercial District and the Commercial Fisheries / Maritime Activities District, from the right-of-way or sideline of any road or street. If there is no established right-of-way sideline for any road or street, said sideline shall be deemed to be sixteen and one-half (16 1/2) feet from the center line of the road or street.
7. Side Yards and Rear Yards
a. For every building erected there shall be a minimum side lot clearance on each side of said building of not less than twenty (20) feet, which space shall remain open and unoccupied by any structure.
b. No building or structure or any portion thereof except steps and uncovered porches extending less than ten (10) feet from building shall be erected within forty (40) feet of any back line.
8. Corner Lots
The setback building line on a corner shall be in accordance with the provisions governing the road or street on which the building faces. If possible, the side lot clearance on the side street shall conform to the setback line for an inside lot on said street or road, but in no event shall side yard clearance be less than forty (40) feet from the right of way sideline.
9. Development of slopes in excess of 20%.
On slopes of more than 20%, new structures or uses otherwise allowed in this ordinance are allowed with a permit from the planning board provided that:
a. Each application shall be accompanied by:
i. a topographic plan of the construction site with intervals of not more than five feet (5') and showing the slopes on the construction site.
ii. a plan to prevent erosion or sedimentation
iii. evidence that the soils at the construction site are suitable for the proposed use.
b. Clearing shall be limited to those areas needed for construction of any approved structure, driveways, or parking areas.
c. Any driveway or road construction shall be done in conformance with the provisions of Section 15.G. of this ordinance.
d. The proposed use conforms with all other standards and review critera contained in this ordinance.
Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:
1. Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation shall not be included in calculating land area per site.
1. Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except canopies shall be attached to the recreational vehicle.
2. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.
1. The following new commercial and industrial uses are prohibited:
a. Auto washing facilities.
b. Auto or other vehicle service and/or repair operations, including body shops.
c. Chemical and bacteriological laboratories.
d. Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms.
e. Commercial painting, wood preserving, and furniture stripping.
f. Dry cleaning establishments.
g. Electronic circuit assembly.
h. Laundromats, unless connected to a sanitary sewer.
i. Metal plating, finishing, or polishing.
j. Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas.
k. Photographic processing.
l. Printing.
1. Parking areas shall be adequately sized for the proposed use and shall be designed to prevent storm water runoff from flowing directly into a water body, and where feasible, to retain all runoff on-site.
2. In determining the appropriate size of proposed parking facilities, the following shall apply:
a. Typical parking space: Shall be a minimum of ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.
b. Internal travel aisles: Shall be a minimum of twenty (20) feet wide.
The following standards shall apply to the construction of roads and drainage systems, culverts and other related features.
1. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.
2. 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 subsection Q.
3. Road grades shall be no greater than twelve (12) percent except for where no reasonable alternative exists as determined by the Planning Board.
4. 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:
a. 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 Spacing
(Percent) (feet)
0-2 250
3-5 200-135
6-10 100-80
11-15 80-60
16-20 60-45
21+ 40
b. Drainage dips may be used in place of ditch relief culverts only where the road grade is ten (10) percent or less.
c. On road sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle downslope from a line perpendicular to the center line of the road.
d. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.
5. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
The following provisions shall govern the use of signs:
1. Signs and billboards relating to goods and services sold on the premises shall be permitted, provided that such signs shall not exceed twenty (20) square feet in area and shall not exceed two (2) signs per premises. Billboards and signs relating to goods or services not sold or rendered on the premises shall be prohibited.
2. Name signs shall be permitted, provided such signs shall not exceed two (2) signs per premises.
3. Residential users may display a single sign not over six (6) square feet in area relating to the sale, rental, or lease of the premises.
4. Signs relating to trespassing and hunting shall be permitted without restriction as to number provided that no such sign shall exceed two (2) square feet in area.
5. Signs relating to public safety shall be permitted without restriction.
6. No sign shall extend higher than twenty (20) feet above the ground.
7. Signs may be illuminated only by shielded, non-flashing lights.
1. All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.
2. Storm water runoff systems shall be maintained as necessary to ensure proper functioning.
1. All plumbing
and sewage disposal for any dwelling covered by the scope of this Ordinance
shall be in strict accordance with the State of Maine Law and the State
Plumbing Code. No plumbing or sewage system shall be covered until it has been
inspected and permission given by the plumbing inspector.
2. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
1. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.
Mineral extraction may be permitted under the following conditions:
1. A reclamation plan shall be filed with, and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of paragraph 4 below.
2. Extraction operations shall not be permitted within seventy-five (75) feet of any property line, without written permission of the owner of such adjacent property.
3. Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:
a. All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.
b. The final grade slope shall be two to one (2:1) slope or flatter.
c. Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.
4. In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.
1. 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.
2. Within five (5) years of the effective date of this Ordinance 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. Existing facilities which do not meet this requirement may remain, but must meet the no discharge provision within the above five (5) year period.
3. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal or storage of manure shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance. (NOTE: Assistance in preparing a soil and water conservation plan may be available through the local Soil and Water Conservation District office.)
1. Timber harvesting shall conform with the following provisions:
a. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:
i. Harvesting operations shall not create single clearcut openings greater than ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5000) square feet they shall be at least one hundred (100) feet 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.
b. Timber harvesting operations exceeding the 40% limitation in paragraph a. above, may be allowed by the Planning Board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the Planning Board's decision.
c. Slash shall be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground
1. Except to allow for the development of permitted uses, there shall be permitted on any lot, in any ten (10) year period, selective cutting of not more that forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.
In no event shall cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, 25% of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed. This provision shall not apply to the Commercial Fisheries/Maritime Activities District.
2. Cleared openings legally in existence on the effective date of this Ordinance may be maintained, but shall not be enlarged, except as permitted by this Ordinance.
3. Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.
1. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan, which need not be prepared by a licensed or certified engineer. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
a. Mulching and revegetation of disturbed soil.
b. Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
c. Permanent stabilization structures such as retaining walls or riprap.
2. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
3. Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
4. Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:
a. Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.
b. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
5. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five (25) year storm or greater, and shall be stabilized with vegetation or lined with rip-rap.
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without contamination of the water supply or causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances will in any way pollute the water supply or impair designated uses or the water classification of the water body.
Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
It is the intent and purpose of these provisions to provide liberal, flexible standards for the establishment and maintenance of home occupations that simultaneously provide the community with a practical mechanism by which to monitor and regulate their use.
1. Home occupations which meet the following conditions do not require a Code Enforcement Officer (CEO) or Planning Board Permit:
a. Do not employ any persons who do not make the residence their permanent home.
b. Do not display any exterior signs, exterior exhibits, exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal dwelling or accessory building.
c. Do not generate any nuisance , waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare, radiation, fumes, or electrical interference detectable to the normal senses or which interferes with normal radio and television reception, or causes other nuisances which extend beyond the limits of the subject property; and
d. Will not generate regular or seasonal traffic.
2. Home occupations that do not meet the provisions of Section 1 shall obtain a permit from the Code Enforcement Officer and comply with the following conditions:
a. Not more than two persons who do not make the residence their permanent home may be employed (including part time workers);
b. The appearance of the structure or accessory structure is not altered, subject to the provisions of subsection (d) hereafter or the occupation within the residence is conducted in a manner that would not cause the residence to differ from its residential character by means of colors, lights, or sounds;
c. Signs and billboards relating to goods and services sold on the premises shall be permitted, provided that such signs shall not exceed twenty (20) square feet in area and shall not exceed two (2) signs per premises. Billboards and signs relating to goods or services not sold on the premises shall be prohibited;
d. Additions to the residence or accessory structure for the express purpose of a home occupation are constructed and finished in the same manner as the original structure such that the character and appearance of the principal structure are maintained;
e. Retail sales are limited to the sale of products or goods produced, fabricated or substantially altered on the premises as a result of the home occupation. This may include products that are not manufactured on the premises as defined above, but which are customarily incidental to the product created by the home occupation;
f. There is adequate off-street parking on the premises for customers or clients use;
g. There is no objectionable increase in traffic over that traffic normal for the neighborhood;
h. It does not adversely affect any natural resource or environmentally sensitive area including, but not limited to the water supply;
i. The home occupation that uses chemicals not commonly found in a residence and any chemicals in quantities not commonly used in a residence shall be required to collect and dispose of said chemicals in an environmentally safe manner;
j. The home occupation shall not generate any nuisance, waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare, radiation, fumes, or electrical interference detectable to the normal senses or which interferes with normal radio and television reception, or causes other nuisances which extend beyond the limits of the subject property. All waste material from the home occupation shall be removed promptly from the premises, according to federal, state and local laws.
3. Home occupations not meeting the above standards shall be considered to be commercial or industrial uses.
1. Code Enforcement Officer / Plumbing Inspector
A Code Enforcement Officer and Plumbing Inspector shall be appointed or reappointed annually by July 1st.
2. Board of Appeals
A Board of appeals shall be created in accordance with the provisions of Title 30-A Section 2691.
3. Planning Board
A Planning Board shall be created in accordance with the provisions of State law.
1. After the effective date of this Ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.
2. A permit is not required for the replacement of an existing road culvert as long as the replacement culvert is:
a. Not more than one standard culvert size wider in diameter than the culvert being replaced;
b. Not more than 25% longer than the culvert being replaced; and
c. Not longer than 75 feet.
and;
Provided that adequate erosion control measures are taken to prevent sedimentation of the water, and that the crossing does not block fish passage in the water course.
a. Free standing structures of one hundred and fifty (150) square feet or less, and not associated with any other existing or proposed structure(s) whose combined area would exceed 150 square feet, shall not require a permit under this section but shall in all other respects conform to the provisions of this and any other municipal ordinances and all state and federal statutes and regulations.
b. Renovations as
defined herein shall not require a permit under this section but shall in all
other respects conform to the provisions of this and any other municipal
ordinances and all state and federal statutes and regulations.
1. Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate permitting authority as designated in the appropriate Table of Land as specified in Section 14. (e.g. in the Shoreland Zone - Shoreland Zone Ordinance or outside the Shoreland Zone – this Building Code Ordinance).
Each application for a building permit under this section
shall be accompanied by a fee as set by the Board of Selectmen. A late
processing fee as set by the Board of Selectmen will be charged for permits
filed after work has begun. Penalties may be assessed in some cases. (Section
16.H.4.)
2. All applications shall be signed by the owner or owners of the property or other person authorizing the work, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or lessee of the property then that person shall submit a letter of authorization from the owner or lessee.
3. All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.
4. If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure would require the installation of a subsurface sewage disposal system.
5. Prior to the
issuance of any permit, a valid E-911 address must exist, and signage, either
permanent or temporary, shall exist identifying the street or road. When the street or road does not intersect a
town or state road or street, then all roads or streets leading to the building
site must also be identified with either permanent or temporary signs. Temporary signs must be replaced by permanent
signs within 90 days.
Within 30 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in Section 14, shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if one is held. Permits shall be approved if the proposed use or structure is found to be in conformance with the purposes and provisions of this Ordinance.
The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this Ordinance.
After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
1. Will maintain safe and healthful conditions;
2. Will not result in contamination of the water supply, water pollution, erosion, or sedimentation to surface waters;
3. Will adequately provide for the disposal of all wastewater;
4. Will not have an adverse impact on bird or other wildlife habitat;
5. Will protect archaeological and historic resources as designated in the comprehensive plan;
6. Is in conformance with the provisions of Section 15, Land Use Standards.
If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or any State law which the municipality is responsible for enforcing.
Following the issuance of a permit, if no substantial start is made in construction or in the use of the property within two years of the date of the permit, the permit shall lapse and become void.
No public utility, water district, sanitary district or any utility company of any kind may install services to any new structure located in the Town of Westport Island unless written authorization attesting to the validity and currency of all local permits required under this or any previous Ordinance has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.
1. Powers and Duties of the Board of Appeals:
The Board of Appeals shall have the following powers:
a. Administrative Appeals: To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration of this Ordinance.
b. Variance Appeals: To authorize variances upon appeal, within the limitations set forth in this Ordinance.
2. Variance Appeals
a. Variances may be granted only from dimensional requirements including but not limited to, lot width, structure, height, percent of lot coverage, and setback requirements.
b. Variances shall not be granted for establishment of any uses otherwise prohibited by this Ordinance.
c. The Board shall not grant a variance unless it finds that:
(1) The proposed structure or use would meet the provisions of Section 15 except for the specific provision which has created the non-conformity and from which relief is sought; and
(2) The strict application of the terms of this Ordinance would result in undue hardship.
The term "undue hardship" shall mean:
(i) That the land in question cannot yield a reasonable return unless a variance is granted;
(ii) That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
(iii) That the granting of a variance will not alter the essential character of the locality; and
(iv) That the hardship is not the result of action taken by the applicant or a prior owner.
d. The Board of Appeals may grant a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property. The board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. The term "structures necessary for access to or egress from the property" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
e. The Board of Appeals shall limit any variances granted as strictly as possible in order to insure conformity with the purposes and provisions of this Ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
3. Appeal Procedure
a. Making an Appeal
(1) An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such appeal shall be taken within thirty (30) days of the date of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.
(2) Such appeal shall be made by filing with the Board of Appeals a written notice of appeal which includes:
(i) A concise written statement indicating what relief is requested and why it should be granted.
(ii) A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.
(3) Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
(4) The Board of Appeals shall hold a public hearing on the appeal within thirty-five (35) days of its receipt of an appeal request.
b. Decision by Board of Appeals
(1) A majority of the board shall constitute a quorum for the purpose of deciding an appeal. A member who abstains shall not be counted in determining whether a quorum exists.
(2) The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision, or determination of the Code Enforcement Officer or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide under this Ordinance, or to affect any variation in the application of this Ordinance from its stated terms. The board may reverse the decision, or failure to act, of the Code Enforcement Officer or Planning Board only upon a finding that the decision, or failure to act, was clearly contrary to specific provisions of this Ordinance.
(3) The person filing the appeal shall have the burden of proof.
(4) The Board shall decide all appeals within thirty-five (35) days after the close of the hearing, and shall issue a written decision on all appeals.
(5) All decisions shall become a part of the record and shall include a statement of findings and conclusions as well as the reasons or basis therefore, and the appropriate order, relief or denial thereof.
4. Appeal to Superior Court
Any aggrieved party who participated as a party during the proceeding before the Board of Appeals may take an appeal to Superior Court in accordance with State laws within forty-five (45) days from the date of any decision of the Board of Appeals.
5. Reconsideration
The Board of Appeals may reconsider any decision within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony.
1. Nuisances
Any violation of this Ordinance shall be deemed to be a nuisance.
2. Code Enforcement Officer / Plumbing Inspector
a. This Ordinance shall be enforced by the Board of Selectmen. The Board of Selectmen may delegate enforcement responsibilities to an appointed agent including, but not limited to, a Code Enforcement Officer and/or Plumbing Inspector. If the Board of Selectmen or their appointed agent find that any provision of this Ordinance is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the selectmen and be maintained as a permanent record.
b. The Code Enforcement Officer and Plumbing Inspector shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals in their respective areas of responsibility. The Code Enforcement Officer and Plumbing Inspector shall also investigate all complaints of alleged violations of this Ordinance in their areas of responsibility.
c. The Code Enforcement Officer and Plumbing Inspector shall keep a complete record of all essential transactions of the office for their respective areas of responsibility, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Environmental Protection.
3. Legal Actions
When the above action does not result in the correction or abatement of the violation or nuisance condition, the selectmen, upon notice from the Code Enforcement Officer or Plumbing Inspector, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the municipality. The selectmen, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
4. Penalties
Any person, including but not limited to a landowner, a landowner's agent or a contractor, who orders or conducts any activity in violation of this Ordinance shall be penalized in accordance with Title 30-A, Maine Revised Statutes Annotated, Subsection 4452. Each day that any such violation continues shall constitute and be considered a separate offense. A schedule of fees and penalties is maintained and amended by the Board of Selectmen as necessary.
Accessory structure or use - a use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.
Agriculture - the production, keeping or maintenance for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green house products. Agriculture does not include forest management and timber harvesting activities.
Aggrieved Party - an owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this Ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such a permit or variance.
Aquaculture - the growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
Basal Area - the area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.
Boat Launching Facility - a facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.
Campground - any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to tents, recreational vehicles or other shelters.
Coastal wetland - all tidal and subtidal lands; all lands below any identifiable debris line left by tidal action; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land which is subject to tidal action during the maximum spring tide level as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.
Commercial use - the use of lands, buildings, or structures, other than a "home occupation," defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.
Dimensional requirements - numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height.
Disability - any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by a bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special educational, vocational rehabilitation, or related services.
Driveway - a vehicular access-way serving two lots or less.
Emergency operations - operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.
Essential services - gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.
Expansion of a structure - an increase in the floor area or volume of a structure, including all extensions such as, but not limited to attached: decks, garages, porches and green houses.
Expansion of use - the addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.
Family - one or more persons occupying a premises and living as a single housekeeping unit.
Floor area - the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.
Forest management activities - timber cruising and other forest resource evaluation activities, pesticide or fertilizer applications, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.
Forested Wetland - a freshwater wetland dominated by woody vegetation that is six (6) meters tall or taller.
Foundation - the supporting substructure of a building or other structure including but not limited to basements, slabs, sills, posts or frostwalls.
Freshwater Wetland - freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
1. Of ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of 10 acres; and
2. Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
Freshwater Wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
Functionally water-dependent uses -
those uses that require, for their primary purpose, location on submerged lands
or that require direct access to, or location in, coastal and inland waters and
which cannot be located away from these waters.
The uses include, but are not limited to commercial and recreational
fishing and boating facilities, finfish and shellfish processing, fish storage
and retail and wholesale marketing facilities, waterfront dock and port
facilities, shipyards and boat building facilities, marinas, navigation aides, basins
and channels, industrial uses dependent upon water-borne transportation or
requiring large volumes of cooling or processing water and which cannot
reasonably be located or operated at an inland site, and uses which primarily
provide general public access to marine or tidal waters.
Great pond - any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
Great Pond Classified GPA - any great
pond classified GPA, pursuant to Title 38 Article 4-A Section 465-A. This classification includes some, but not
all impoundments of rivers that are defined as great ponds.
Height of a structure - the vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.
Home occupation - an occupation or profession which is customarily conducted in a residential structure or property and which is: 1) clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and 2) which employs no more than two (2) persons other than family members residing in the home.
Individual private campsite - an area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fire places, or tent platforms.
Industrial - the assembling,
fabrication, finishing, manufacturing, packaging or processing of goods.
Lot area - the area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.
Marina - a business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.
Market value - the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Minimum lot width - the closest distance between the side lot lines of a lot.
Mineral exploration - hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.
Mineral extraction - any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and transports the product removed away from the extraction site.
Multi-unit residential - a residential structure containing three (3) or more residential units.
New Construction - All structures, newly constructed on a lot, said lot conforming to specifications of this ordinance.
Non-conforming lot - a single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.
Non-conforming structure - a structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.
Non-conforming use - use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.
Normal high-water line - that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high water line is the upland edge of the wetland.
Person - an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.
Piers, docks, wharfs, bridges and other structures and uses extending over or beyond the normal high-water line or within a wetland.
Temporary: Structures which remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months.
Permanent: Structures which remain in or over the water for seven (7) months or more in any period of twelve (12) consecutive months.
Principal structure - a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.
Principal use - a use other than one which is wholly incidental or accessory to another use on the same premises.
Public facility - any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased or otherwise operated, or funded by a governmental body or public entity
Recent flood plain soils - the following soil series as described and identified by the National Cooperative Soil Survey:
Alluvial Cornish Charles
Fryeburg Hadley Limerick
Lovewell Medomak Ondawa
Podunk Rumney Saco
Suncook Sunday Winooski
Recreational facility - a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.
Recreational vehicle - a vehicle or an attachment to a vehicle designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.
Relocation - Any structure moved to a new lot or a structure moved to a new location on the lot it occupied. Both lot and structure must conform to provisions of this ordinance.
Renovation - Any construction which does not increase the square
footage of the structure.
Replacement
- Any structure already constructed which is to be moved to the existing site
of a structure destroyed by fire or other natural calamity, or new construction
of a structure on the existing site of a building lost because of the foregoing
reasons.
Replacement system - a system intended to replace: 1) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or 2) any existing overboard wastewater discharge.
Residential dwelling unit - a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family. The term shall include mobile homes, but not recreational vehicles.
Riprap - rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (1) unit vertical or less.
River - a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of twenty five (25) square miles to its mouth.
Road - a route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles.
Salt Marsh - areas along coastal waters (most often along coastal bays) which support salt tolerant species, and where at average high tide during the growing season, the soil is regularly inundated by tidal waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and Sago pondweed.
Salt Meadow - areas which support salt tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass (Spartina patens) and black rush; common threesquare occurs in fresher areas.
Service drop - any utility line extension which does not cross or run beneath any portion of a water body provided that:
1. In the case of electric service:
a. the placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and
b. the total length of the extension is less than one thousand (1,000) feet.
2. In the case of telephone service:
a. the extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or
b. the extension requiring the installation of new utility poles or placement underground is less than one thousand (1,000) feet in length.
Setback - the nearest horizontal distance from a lot line or normal high-water line to the nearest part of a structure, road, parking space or other regulated object or area.
Shore frontage - the length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.
Shoreland zone - the land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond, river, or saltwater body; within 250 feet of the upland edge of a coastal or freshwater wetland; or within seventy-five (75) feet of the normal high-water line of a stream.
Significant River Segments - See Title 38 MRSA, Section 437.
Start of Construction - Construction shall be deemed to have started upon the placement of a foundation, which shall include, but not be limited to, concrete, stones, posts, timbers or any other material designed to support a structure.
Stream - a free-flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within the shoreland area.
Structure - anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences. The term includes structures temporarily or permanently located, such as decks and satellite dishes. For the purposes of this paragraph temporary or removable structures of no more than one hundred (100) square feet in the aggregate and not affixed to the ground in any way, and sited so as to not require digging or otherwise altering the ground resources which are necessary for controlling water runoff shall not be defined as structures and will be permitted with approval by the CEO. Materials placed at or below grade level, and not adversely affecting water runoff, shall not be considered a structure.
Substantial start - completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.
Subsurface sewage disposal system - a collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. Section 414, any surface wastewater disposal system licensed under 38 M.R.S.A. Section 413 Subsection 1-A, or any public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 M.R.S.A. Chapter 13, subchapter 1.
Sustained slope - a change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
Timber harvesting - the cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction.
Tributary stream - a channel between defined banks created by the action of surface water at least six (6) months a year, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined. This definition does not include the term "stream" as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.
Upland edge - the boundary between upland and wetland.
Vegetation - all live trees, shrubs, ground cover, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 1/2 feet above ground level.
Volume of a structure - the volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.
Water body - any lake, pond, river, stream, or tidal area.
Water crossing - any project extending from one bank to the opposite bank of a river or stream, whether under, through, or over the water course. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings.
Wetland - a freshwater or coastal wetland.
Wetlands associated with great ponds and rivers - wetlands contiguous with or adjacent to a great pond or river, and which during normal high water are connected by surface water to the great pond or river. Also included are wetlands separated from the great pond or river by a berm, causeway, or similar feature less than 100 feet in width, and which have a surface elevation at or below the normal high water line of the great pond or river. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.