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6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
X N/A (Except for Section(s): 6B.____________________)
6B. 1 Agriculture In non-shoreland areas, all spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). In shoreland areas, all spreading or disposal of manure shall comply with Section 6C.1.
6B. 2 Air Landing Sites No air landing site shall be developed or used for such purpose without Conditional Use Approval of the Planning Board.
6B. 3 Beach Construction Beach construction on any great pond, river, stream, brook, or coastal wetland shall require a permit from the State Department of Environmental Protection.
6B. 4 Boat Storage No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.
6B. 5 Campgrounds Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:
1. Minimum site size. Camping areas shall contain a minimum of five thousand (5,000) square feet of suitable land, not including roads and driveways, for each site.
2. Water setback. The area intended for placement of the recreational vehicle, tent, or shelter and utility and service buildings, shall be set back a minimum of seventy (75) feet from the normal high water mark of any pond, river, or salt water body as defined.
6B. 6 Driveway Construction
Driveway setbacks from water bodies and wetlands. Driveways shall be set back at least one hundred (100) feet from the normal high water line of a great pond, and seventy-five (75) feet from the normal high-water line of any other waterbody, tributary stream or 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 driveway setback upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the waterbody, tributary stream or
wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts, and turnouts placed as to avoid sedimentation of the waterbody, tributary stream or wetland.
In reducing the setback, the Planning Board shall maintain, to the greatest practical extent, the seventy-
five (75) foot setback; however, in no case shall the setback requirement be less than fifty (50) feet from
the shoreline. This shall neither apply to approaches to water crossings, nor to driveways that provide
access to permitted structures, and facilities located nearer to the shoreland due to an operational necessity,
excluding temporary docks for recreational uses. Driveways providing access to permitted structures within
the setback area shall comply fully with the requirements of Section 6B.6 except for that portion of the
driveway necessary for direct access to the shoreline.
6B. 7 Excavation (other than gravel pits) or filling
Excavation or filling shall be permitted in any district only to the extent such activities are essential or are incidental to any permitted, conditional, or other lawful use. Filling, dumping, or excavation of any matter of ten (10) to less than fifty (50) cubic yards is allowed, except in the Stream Protection District where a Code Enforcement Officer permit is required, and is prohibited in the Resource Protection District. Excavation and filling, greater than fifty (50) cubic yards shall require Conditional Use Approval of the Planning Board, and is prohibited in the Resource Protection District. Appropriate measures shall be taken to prevent erosion during or after the filling or excavation, and the applicable standards of Section 6B.13 shall be complied with. All fill
permits are approved for a twelve (12) month period only and expire twelve (12) months from the date of approval. The Code Enforcement Officer may renew either the Code Enforcement Officer permit or the Conditional Use Approval for additional twelve (12) month periods.
6B. 8 Fences and walls
Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
1. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
2. It does not obstruct highway visibility.
3. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
4. Such fences or walls shall not unduly restrict scenic views.
5. The structural side of the fence shall not face the public view.
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6B. 9 Fresh Water Related Structures
1. Access from shore shall be developed on soils appropriate for such use, and constructed so as to control erosion.
2. The location shall not interfere with existing uses.
3. The facility shall be located so as to minimize adverse effects on fisheries.
4. The facility shall be no larger in dimension than necessary to carry on the activity, and be consistent with existing conditions, uses, and character of the area.
5. Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into fresh water bodies from normal high water level shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
6B. 10 Home Occupations and home offices (CEO Authority)
6B. 11 Lots (CEO Authority)
6B. 12 Manufactured Homes (CEO Authority)
6B. 13 Mineral Exploration and Extraction Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Approval of the Planning Board shall be required for mineral exploration that exceeds the above limitations.
6B.14 Mobile Homes (temporary), Campers, Trailers and Recreational Vehicles (CEO Authority)
6B. 15 Sanitary Standards
1. Availability of public sewer. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6A and the applicable standards of Section 6B are met.
"+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;"> style="text-align:left;">(g) A visual impact assessment, which shall include a photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant who identifies the potential visual impacts at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from Acadia National Park, archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places, or eligible for inclusion. The analysis of the impact on historical and archaeological resources
shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communications service.
and fairly rejected, that the proposed height is the minimum height necessary to achieve the targeted coverage area and a description of how other tower heights would change the coverage area.
It should also describe reasonable anticipated expansion of the proposed facilities on the proposed site and related facilities in the region and reasonable anticipated changes of technology and their effect on expansions of the proposed facility. This submission requirement does not require disclosure of confidential business information.
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Design Standards. The following design standards shall be met by the applicant. The Planning Board, as part of the Conditional Use Approval review process, shall determine if the applicant has complied with these standards. All communications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(a) Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board due to technical or engineering reasons.
p; primarily viewed against soils or trees shall be painted colors matching these landscapes, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location unless the Planning Board determines that an
alternative proposal will minimize visibility.
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Location. All communications facilities shall be located so as to minimize their visibility and to minimize the total number of towers in the Town. The following measures shall guide the location:
(a) Communications facilities shall not be sited in areas of high visibility, as determined by the Planning Board, to meet the purpose of this subsection unless the facility is designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable.
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Standards. In addition to the criteria and standards, listed in Section 6 of the Land Use Zoning Ordinance these additional criteria and standards shall be utilized by the Planning Board in reviewing applications for Conditional Use Approval for proposed communications facilities:
(a) Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either by landscaping, fencing or other architectural screening.
xt-align:left;">(g) Adequate bonding for removal of the communications, facility, in a form, and amount acceptable to the Town Manager has been submitted.
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Section 6B – Pertinent Sections that Apply to Conditional Use Approval Application(s):
Section(s): 6B.__________________________
Findings of Fact(s):
Conclusion of Law: Motion that Section 6B is not applicable by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0).
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SHORELAND ZONING STANDARDS
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Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
6C.1 Agriculture nbsp; within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands.
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6C.2 Archaeological Sites bsp;
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6C.3 Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting (CEO Authority)
6C.4 Commercial and Industrial Uses
6C.5 Erosion and Sedimentation Control .
3. Permanent stabilization structures such as retaining walls or riprap.
t" style="text-align:left;">5. Drainage ways and outlets. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.
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6C.6 Essential Services p;
6C.7 Parking Areas t face="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">2. Internal travel aisles: Approximately twenty (20) feet wide.
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6C.8 Marine Structure Performance Standards ze soil erosion both during and after construction. Whenever possible, access from the shore to the marine structure shall be placed on bedrock. The Planning Board may require consultation with the local Soil and Water Conservation District Office.
; not be wider than six feet for non-commercial uses.
al;font-size:9pt;color:#000000;"> 8. Height limit. Except in the Shoreland Commercial District, structures built on, over or abutting a pier, dock, wharf or other structure extending below the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.
n officially designated mooring area.
ng no further than 75 feet into the water body.
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6C.9 Principal and Accessory Structures (CEO Authority)
6C.10 Roads and Driveways nbsp;or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent
sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.
Steep slopes. On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20)percent.
Section 6C.10.1 does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 6C.10.1 except for that portion of the road or driveway necessary for direct access to the structure.
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2. Existing public roads. Existing public roads may be expanded within the legal road right of way regardless of their setback from a water body, tributary stream or wetland.
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3. New roads, driveways, prohibited in RP and SP. New roads and driveways are prohibited in the Resource Protection and Stream Protection Districts except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the Resource Protection and Stream Protection Districts in accordance with Section 7.5.3. When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high- water line of a water body, tributary stream, or upland edge of a wetland.
hich 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.
n:left;"> 6-10 100-80
11-15 80-60
16-20 60-45
21 + 40
2. Drainage dips. Drainage dips may be used in place of ditch relief culverts only where the grade is ten (10) percent or less.
3. Slopes greater than 10%. On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.
3. Culvert size. 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.
000000" style="font-family:Arial;font-size:9pt;color:#000000;">8. Maintenance. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
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6C.11 Septic Waste Disposal (CEO Authority)
6C.12 Soils p;
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6C.13 Timber Harvesting t" style="text-align:left;"> bsp; the forest canopy. Where such openings exceed five-thousand (5000) square feet they shall
be at least one hundred (100) feet, horizontal distance, apart. Such clear cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.
2. Harvesting in excess of 40%. Timber harvesting operations exceeding the 40% limitation in Section 6C.13.2.1 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.
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6C.14 Water Quality butary stream or wetland.
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FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
None
APPLICATION
APPROVED: 09/13/2010 DENIED:
(Date) (Date)
NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board.
NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained.
MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Ellen T. Brawley James L. Clunan
Ellen T. Brawley, Chairman James L. Clunan, Acting Secretary
Schofield Andrews Patti Reilly,
Secretary Schofield Andrews III
Joseph Tracy
Joseph P. Tracy Gerard M. Miller, Jr.
Robert Ho
Robert P. Ho
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.
