Alfred City Zoning Code

ARTICLE XVII

Performance Standards, General Requirements

§ 160-90 Applicability and purpose.

[Amended 12-3-2016 ATM by Art. 18]

These standards apply to all new or expanded uses of land and buildings in the Town of Alfred, unless otherwise specified, whether or not specific approval or a permit is required. The purposes of these standards are to help implement the Comprehensive Plan, to balance the rights of landowners to use their land with the rights of abutting land owners and the general public, to protect the public health, safety, and welfare, and to protect the historic, cultural and architectural heritage as it applies to commercial development.

All applications for new and renovated commercial structures must be reviewed by the Design Review Committee per Chapter 160, Article XXIII, Design Review Committee.

§ 160-91 Access control and traffic impacts.

Any development must provide for safe access to and from streets. Safe access must be assured by providing access points which are appropriate as to number and location, with respect to sight-distances, intersections, schools, and other traffic generators.

Any access onto a street is limited to the minimum width necessary for safe entering and exiting. The proposed development may not have an unreasonable negative impact on the street system, and must assure safe interior circulation within its site by separating pedestrian and vehicular traffic and by providing parking and loading areas required in this article. All exit driveways must be designed so that there is at least 10 feet of sight distance for each mile per hour of legal speed on the accessed street.[1]

[1]

Editor's Note: Former Subsection C, which immediately followed and prohibited the use of the standards set forth in Subsection B as the sole criterion for rejecting an application, was repealed 3-8-2003 ATM by Art. 26. Said article also redesignated former Subsections D through O as Subsections C through N, respectively.

Access to major streets limited.

[Amended 3-11-1995 ATM by Art. 18]

(1)

Any lot created after the adoption of this standard, whether or not part of a subdivision, may not have access to Routes 202, 4, 111, or 202/4 unless the Planning Board determines that conditions particular to the parcel justify the granting of a waiver to this standard. A waiver may be granted only if all of the following conditions are met:

(a)

There is too little street frontage to reasonably allow for the creation of a new street;

(b)

There will be no further division of the parcel;

(c)

The shape and physical conditions of the parcel do not permit access to or the creation of a new street; and

(d)

Proper sight distance will be maintained.

(2)

Lots in existence at the time of adoption of this standard are allowed only one driveway onto Routes 202, 4, 202/4 or 111 unless the lot is located in the Center Village District. Lots in the Center Village District are allowed two driveways onto Routes 202, 4, 202/4 or 111. Curb barriers are required for commercial or industrial uses to prevent entrance and/or exit of cars except at specified locations.

Lots which front on two or more streets. If a lot has frontage on more than one street, the driveway may be located only on the street which has the least potential for traffic congestion and for hazards to traffic and pedestrians.

Slope and intersection angle. Driveways may not have an average slope in excess of 8% within 50 feet of the point of intersection of a street. The angle of intersection between the driveway and the street must be as close to 90° as possible.

Driveways through residential districts. No driveway may be located in a residential district to provide access to uses other than those permitted in that residential district.

Streets must have carrying capacity. The street to which a driveway connects and the streets which are expected to carry traffic to the use served by the driveway must have traffic carrying capacity and be suitably improved to accommodate the amounts and types of traffic generated by the proposed use. No development may reduce the road's level of service to D or below.

Street improvements required. Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provisions must be made for turning lanes, traffic directional islands, frontage streets, and traffic controls within the public streets.

Prevent queuing. Driveways serving commercial uses must be designed with enough on-site vehicular stacking capacity so as to prevent queuing of entering vehicles on any street.

Circulation connections to adjoining lots. Where topographic and other conditions allow, provisions must be made for circulation connections to adjoining lots of similar existing or potential use when:

(1)

Such connections will facilitate fire protection services as approved by the Fire Chief; and/or

(2)

Such connections will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel onto a street.

Sight distance. A driveway must be designed in profile and grading, and located so as to provide the 10 feet of sight distance for every mile per hour of posted speed. If the street is not posted, the posted maximum speed is assumed to be 45. The measurements must be from the driver's seat of a vehicle standing on that portion of the driveway with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3.5 feet to the top of an object 4.25 feet above the pavement.

Distance to intersection. No driveway may be located less than 50 feet from the point of tangency of streets at an unsignalized intersection and less than 150 feet from the point of tangency of streets at any signalized intersection.

Distance to property lines. Except for driveways shared by abutting lots, no driveway may be located less than 20 feet from a side lot line.

Construction materials.

(1)

A driveway entering onto a curbed street must be curbed with materials matching the street curbing. Curbing is required around all raised channelization islands and medians.

(2)

A driveway within the street right-of-way must be paved with bituminous concrete pavement or an equivalent material over a gravel subbase at least six inches in thickness, providing that the street is paved; otherwise, pavement must occur within six months from the date that the street is paved. A driveway serving a commercial or industrial use, regardless of driveway volume, must be paved with bituminous concrete or an equivalent material over a gravel subbase at least six inches in thickness within the street right-of-way and for a distance of 30 feet from the street right-of-way, providing that the street is paved or within six months from the date the street is paved.

[Amended 3-8-1997 ATM by Art. 72]

(3)

A culvert must be installed so as to carry stormwater from one side of the driveway to the other side. The size and location of the culvert must be reviewed by the Road Commissioner.

§ 160-92 Access to lots.

Existing lots which abut a street. A lot of record legally existing at the date of adoption of this standard, which abuts a street but does not have the minimum street frontage of that district, may be used for the land uses and activities allowed in that district.

Existing lots which do not abut a street. A lot of record legally existing at the date of adoption of this standard, which does not abut a street, may be used for the land uses and activities allowed in that district, provided the following criteria are met:

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

[Amended 3-11-1995 ATM by Art. 18]

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

New lots which abut a street. A lot created after the adoption of this standard which abuts a street may be used for the land uses and activities allowed in that district, provided it has the minimum frontage and lot size of that district on that street or it is created under the cluster development provisions of this chapter.

[Amended 3-11-1995 ATM by Art. 18]

New lots which do not abut a street. A lot created after the adoption of this standard which does not abut a street may be used for the land uses and activities allowed in that district, provided it meets the following criteria:

[Amended 3-11-1995 ATM by Art. 18]

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

§ 160-93 Dust, fumes, vapors, and gases.

Emission of dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission is prohibited.

§ 160-94 Explosive materials (applies only to commercial and industrial uses).

Bulk quantities of highly flammable or explosive liquids, solids, or gases, stored above ground, must be at least 75 feet from any lot line or street, and must be in anchored tanks. Bulk quantities of highly flammable or explosive liquids, solids, or gases stored below ground must be at least 40 feet from any lot line or street.

§ 160-95 Glare.

A land use or establishment may not produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring properties, or onto any street so as to impair the vision of the driver of any vehicle upon that street.

§ 160-96 Land uses and activities in any Shoreland Zone.

[Amended 3-28-2009 ATM by Art. 21]

The review authority may only approve a land use permit application for a land use or activity in any Shoreland Zone if it makes a positive finding based on the information presented that the proposed use or activity:

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Will conserve shore cover and visual, as well as actual, points of access to water bodies;

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will avoid problems associated with floodplain development; and

Is in conformance with all the applicable standards of this chapter including Articles XVII and XVIII.

§ 160-96.1 Special exceptions for new single-family residential structures in the Resource Protection District.

[Added 3-28-2009 ATM by Art. 21]

In addition to the criteria specified in § 160-96 above, excepting structure setback requirements, the Planning Board may approve a permit for a single-family residential structure in a Resource Protection District provided that the applicant demonstrates that all of the following conditions are met:

(1)

There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.

(2)

The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District.

(3)

All proposed buildings, sewage disposal systems and other improvements are:

(a)

Located on natural ground slopes of less than 20%; and

(b)

Located outside the floodway of the one-hundred-year floodplain along rivers and artificially formed great ponds along rivers, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the one-hundred-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance.

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the one-hundred-year floodplain.

(4)

The total footprint, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.

[Amended 3-26-2016 ATM by Art. 22]

(5)

All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.

§ 160-97 Noise (applies only to commercial and industrial uses).

Excessive noise at unreasonable hours is required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness, or volume. (Please refer to table below.) The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any commercial or industrial activity regulated by this chapter is listed below. Sound pressure levels must be measured on a sound level meter at all major lot lines of the site, at a height of at least four feet above the ground surface.

	Sound Pressure Level Limit
	7:00 a.m. to 8:00 p.m. dB(A)	8:00 p.m. to 7:00 a.m. dB(A)
Activities outside Commercial District	60	55
Activities inside Commercial District	70	65

The following uses and activities are exempt from the sound pressure level regulations:

(1)

Noises created by construction and temporary maintenance activities between 6:30 a.m. and 8:00 p.m.

(2)

The noises of safety signals, warning devices, emergency pressure relief valves, and any other emergency activity.

(3)

Traffic noises on public streets.

§ 160-98 Off-street parking and loading requirements.

Basic requirements.

(1)

In any district where permitted, no use of premises may be authorized or extended, and no building or structure may be constructed or enlarged unless such extension, construction or enlargement is provided with off-street automobile parking space within 300 feet of the principal building, structure or use of the premises, in accordance with the following schedule of parking requirements. No required parking space may, for the purposes of this chapter, serve more than one use, unless authorized by the Planning Board.

(2)

No off-street parking facility may have more than two entrances and exits on the same street, and no entrance or exit may exceed 26 feet in width. Parking areas with more than two parking spaces must be so arranged that vehicles can be turned around rather than being backed into the street.

(3)

Parking and loading areas must be surfaced with eight inches of bank run sand and gravel. To prevent this material from entering the public way, paving may be needed at entrances and exits.

Off-street parking spaces. Parking spaces and parking lot aisle layout must conform to the following standards:

Aisle Type	Parking Angle (degrees)	Curb Length (feet)	Width, Curb-to-Curb (feet)
One-/two- way, double loaded	90	9.0	60.0
One-/two- way, single loaded	90	9.0	42.0
Two-way, double loaded	60	10.5	59.0
Two-way, single loaded	60	10.5	40.0
One-way, double loaded	60	10.5	53.5
One-way, single loaded	60	10.5	34.5
Two-way, double loaded	45	12.75	56.5
Two-way, single loaded	45	12.75	38.5
One-way, double loaded	45	12.75	48.5
One-way, single loaded	45	12.75	30.0
Two-way, double loaded	30	15.0	51.0
Two-way, single loaded	30	15.0	35.5
One-way, double loaded	30	15.0	43.0
One-way, single loaded	30	15.0	27.5

Schedule of minimum off-street parking requirements:

	Table of Parking Requirements [Amended 3-11-1995 ATM by Art. 18]
	Use Category	Parking Requirement (number of spaces)
	1.1	2 per dwelling unit
	1.2, 1.3	2 per dwelling unit, except that one-bedroom units require only 1 per unit
	1.4	3 for every 5 beds
	1.5	1 per rental bedroom, plus 1 for the manager's dwelling unit
	1.6.3	2 for the dwelling unit plus 3
	1.6.4	1 for the dwelling unit, plus 1 for every 2 employees who do not reside on site, plus 3
	1.7	1 per room rented
	2.1, 2.2, 2.5, 2.6	1 per 200 square feet of gross floor area of the building or buildings
	2.3	1 per 400 square feet of gross floor area of the building or buildings
	2.4	1 per 150 square feet of gross floor area of the building or buildings
	3.1, 3.2	1 per 200 square feet of gross floor area of the building or buildings
	3.3	1 per 200 square feet of gross floor area of the building or buildings, plus queuing space for 5 cars per drive-up window or station
	3.4	1 per 300 square feet of gross floor area
	4.1, 4.2	1 per 800 square feet of gross floor area
	4.3	1 per two employees on the largest shift
	5.1.1, 5.1.2	1.5 per classroom; 5 per classroom for Grades 9 through 12
	5.1.3	1 per 100 square feet of gross floor area
	5.1.4	1 per horse that could be kept at the stable when at maximum capacity
	5.2	1 per 3 seats, based on maximum capacity
	5.3	1 per 300 square feet of gross floor area
	5.4	1 per 300 square feet of gross floor area
	5.5	1 per 300 square feet of gross floor area
	6.1.1	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of gross floor area used in a manner not applicable to such calculation
	6.1.2	1 for every 4 seats
	6.1.3	1 for every 4 seats for the theater; 1 per 200 square feet of gross floor area for other
	6.2.1, 6.2.2, 6.2.3	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of area used in a manner not applicable to such calculation
	6.2.4	1 per horse that could be kept at the stable when at maximum capacity
	6.2.5	1 for every participant that the facility is designed to accommodate when fully utilized; plus 1 for every 3 spectator seats, or 1 for every 50 square feet of spectator area
	6.2.6	None required
	7.1	2 per bed or 1 per 150 square feet of gross floor area, whichever is greater
	7.2, 7.3	3 for every 5 beds
	7.4	1 per dwelling unit
	7.5	1 for every two employees on the maximum shift
	8.1	1 per 100 square feet of gross floor area
	8.2	1 per 100 square feet of gross floor area, plus 1 for every 4 outside tables
	8.3	1 per 50 square feet of gross floor area
	8.4	1 per 100 square feet of gross floor area, plus queuing space for 5 cars per drive-up window or station
	9.0	1 per 100 square feet of gross floor area
	10.0	1 for every room to be rented plus spaces required for restaurant facilities as required for Category 8
	11.1, 11.2, 11.3	1 per 200 square feet of gross floor area
	11.4	1 per 200 square feet of gross floor area, plus queuing space for 3 cars per pump
	11.5	For self-service types, 3 per stall; for non-self-service types, 1 for every 3 employees on the maximum shift plus queuing for 5 cars per washing operation
	12	1 for every two employees on the maximum shift, but not less than 1 per 5,000 square feet of gross floor area
	13	1 per 200 square feet of gross floor area
	14	1 per 200 square feet of gross floor area
	15	1 per 200 square feet of gross floor area
	16	1 for every two employees on the maximum shift
	17.1, 17.2, 17.4	1 per 200 square feet of gross floor area
	17.3	1 per 100 square feet of gross floor area
	18	1 per 200 square feet of gross floor area
	21	1 per 1,000 square feet of area used for storage, display, or sales
	22	1 per 100 square feet of gross floor area
	23	1 per 200 square feet of gross floor area
	24	1 per 200 square feet of gross floor area
	25	The number of spaces equal to the use which the temporary use is replacing
	26	1 per 200 square feet of gross floor area
	28.1	1 per campsite, plus 1 for every two employees on the maximum shift
	28.2	1 space per camp site.

Where the above calculations result in fractions of a space, the required number of spaces is the next higher whole number.

Off-street loading. In any district where permitted or allowed, commercial or industrial uses must provide, as necessary, off-street loading facilities located entirely on the same lot as the building or use to be served, so that trucks, trailers and containers may not be located for loading or storage upon any public way.

Additional requirements in the Shoreland District.

[Amended 3-28-2009 ATM by Art. 21]

(1)

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. If the Planning Board finds that no other reasonable alternative exists, the setback requirement for parking areas serving public boat launching facilities shall be reduced, but shall not be less than 50 feet, horizontal distance, from the shoreline or tributary stream.

(2)

Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland, and, where feasible, to retain all runoff on-site.

(3)

Parking spaces for a vehicle and boat trailer shall be 40 feet long.

§ 160-99 Preservation of landscape (applies only to commercial and industrial uses).

The landscape must be preserved in its natural state, insofar as practicable, by minimizing tree removal. Any grade changes must be in keeping with the general appearance of the neighboring developed areas. Parking lots must be landscaped with shrubbery along all lot lines. Boundaries with existing residential properties must be screened according to the buffering standards in § 160-103. Parking lots with 25 or more spaces must be landscaped with at least one tree (of a caliper of two inches measured 3 1/2 feet above the ground) for every 25 car spaces, to be located at representative points throughout the lots.

§ 160-100 Refuse disposal (applies only to commercial and industrial uses).

The applicant must provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The Planning Board must consider the impact of particular industrial or chemical wastes or by-products upon the Town's facilities (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere. The Board may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

§ 160-101 Building design and relation of proposed building to environment (applies only to commercial and industrial uses).

[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]

Reconstruction of, or additions to, existing buildings.

(1)

Reconstruction of, or changes in existing structures must be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the reconstructed or altered building.

(2)

Reconstruction of exterior facades and additions to existing buildings shall be in the architectural style of the original building, and the materials used shall duplicate the original or be similar in appearance to the original materials or materials commonly used in the Town when the building was constructed.

New buildings. The Planning Board shall require new construction to be designed so as not to be architecturally incompatible in terms of scale, height, window size and style, and roof pitch, and to meet the following standards:

(1)

Any new building shall have a gable, hip, saltbox or mansard roof.

(2)

The siding on new buildings shall be wooden clapboard or wooden shingles, or modern materials which duplicate these in shape, texture and appearance.

(3)

The pitched portions of roofs on all buildings shall be shingled or covered with substitute materials approved by the Planning Board. Any flat roofed portions of buildings shall be surrounded by a mansard roof with a parapet wall high enough to shield any rooftop mechanical equipment from view from any public street.

Solar access must also be considered.

§ 160-102 Sanitary standards.

[Amended 3-28-2009 ATM by Art. 21]

All subsurface sewage disposal facilities shall be installed in conformance with the Maine State Subsurface Waste Water Disposal Rules, and if located within the Shoreland Zone, shall comply with the following:

	A.	All subsurface sewage disposal systems must be located in areas of suitable soil at least 1,000 square feet in size.
	B.	Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland.
	C.	A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
	D.	The minimum setback for new subsurface sewage disposal facilities, excluding fill extensions, shall be at least 100 horizontal feet from the normal high-water mark of a perennial water body, as defined by the Maine Subsurface Wastewater Disposal Rules. This requirement may not be reduced by variance.
	The following general standards apply to all Zones:
	A.	The approval of a building permit application is subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for wastewater disposal.
	B.	When two or more lots or buildings in different ownership share a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.
	C.	The disposal of industrial or commercial wastewaters by means of subsurface wastewater treatment systems must comply with the laws of the State of Maine concerning water pollution.

§ 160-102.1 Additional sanitary standards.

[Added 3-17-2001 ATM by Art. 24]

Applicants of all engineered subsurface wastewater systems shall submit evidence of site suitability for subsurface sewage disposal prepared by a Maine licensed site evaluator in full compliance with the requirements of the State of Maine Subsurface Waste Water Disposal Rules and satisfactory to the Board. The Board shall consider all relevant factors in determining the suitability of the site for subsurface sewage disposal. Evidence that the designed system is in full compliance with the requirements of the State of Maine Subsurface Waste Water Disposal Rules shall not necessarily be conclusive evidence that the applicant has met its burden of proof hereunder. The Board may consider all other relevant factors and impose conditions on the design of the system for subsurface sewage disposal.

§ 160-103 Landscaped buffer areas and screening (applies only to commercial and industrial uses).

[Amended 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

Landscaped buffer areas. The following standards shall apply to new nonresidential buildings on existing or new streets in the Village and Commercial Districts:

(1)

A landscaped buffer area shall be provided along the property's frontage and shall be maintained for the life of the project. The depth of the landscaped buffer area shall be measured back from the street right-of-way line. If off-street parking is provided in the front of the building, between the right-of-way and the building, the minimum depth of the landscaped buffer area shall be 50 feet. If off-street parking is provided entirely to the side or rear of the building, the minimum depth of the landscaped buffer area shall be 20 feet. The "side or rear of building" shall mean the area located behind a line which is parallel with the street right-of-way and which touches that part of the building face closest to it. The landscaped buffer area shall only be interrupted by driveways and signage as permitted by this ordinance.

(2)

For sites with more than one building on the lot, if all parking is kept to the side or rear of the building closest to the street right-of-way, then the twenty-foot minimum landscaped buffer area standard shall apply along the frontage to the entire site.

(3)

In any case, the landscaped buffer area shall include at least one shade tree per 30 linear feet or fraction thereof for the length of the front lot line or right-of-way line, exclusive of the width of any driveway.

Screening of uses not enclosed by a building. Any commercial or industrial operation not enclosed by a building must provide a screening sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties. The screening must form a complete visual barrier, be maintained for the life of the project and be approved by the Planning Board.

(1)

Screening options include the following:

(a)

Use of a fence as a visual barrier.

(b)

Evergreen plantings of sufficient height.

(c)

Earthen berm.

(d)

Any combination of the above.

(2)

A waiver may be granted if topographical conditions exist to adequately screen the operation.

§ 160-104 Signs.

[Amended 3-11-1995 ATM by Art. 18; 5-11-1998 STM by Art. 4; 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

The standards and requirements for signs as stated in this section take precedence over all other references to signs in this chapter. This section governs all signs in the Town of Alfred. Signs are defined as in Article II of this chapter.

General.

(1)

All signs must comply with these requirements unless there is a specific exception in Subsection E, below.

(2)

No sign may be positioned so as to prevent or block the free ingress to or egress from any door, window, or fire escape, or in a manner which confuses, impedes or impairs traffic movement or visibility.

(3)

No sign, including any flag or banner, may be erected adjacent to any public way in such a manner as to obstruct clear and free vision of roadways or where, by reason of its position, shape, color, illumination or wording, it interferes with, obstructs the view of, or is confused with any authorized traffic sign, signal, or device or where it otherwise constitutes a hazard to pedestrian or vehicular traffic.

(4)

The owner of the land upon which a sign is located is responsible for its safe construction, installation, and maintenance.

(5)

Except for state business directional signs which are regulated by the Town of Alfred Official Business Directional Signs Ordinance,[1] all signs must relate to goods and services available on the premises where the sign is located, or to the availability of the premises themselves for sale, rent or lease.

[1]

Editor's Note: See Ch. 142, Signs.

(6)

No roof-mounted signs are permitted.

Signs allowed without a permit include:

(1)

Signs erected by the State of Maine or the Town of Alfred, within street rights-of-way or on other public properties, to direct traffic, indicate parking rules, or offer directions.

(2)

Commercial real estate "For Sale" or "For Lease" signs, provided they are no larger than six square feet in surface area. One sign per agent, per property is permitted. Such signs must be removed when the property is sold.

(3)

Rental vacancy signs for residential properties, which are no larger than three square feet in total surface area. One sign per property is permitted, and may be displayed only while vacancies exist.

(4)

Temporary political signs erected within the public right-of-way for a period from six weeks prior to an election until seven days after said election. The time and duration restrictions of this section shall not apply to temporary political signs on private property, which are also allowed without a permit.

[Amended 3-9-2007 ATM by Art. 25; 3-29-2013 ATM by Art. 23]

(5)

Temporary signs for noncommercial public or private special events. Signs for noncommercial public events sponsored by the Town of Alfred may be erected for no longer than 31 days. Signs for other noncommercial public or private special events may not be erected earlier than 30 days prior to the commencement of the event and must be removed within 24 hours of the closure of the event. Temporary noncommercial special event signs may be no larger than 32 square feet in the aggregate. Signs allowed by this subsection may be erected off premises, with permission of the off-premises property owner.

[Amended 3-27-2010 ATM by Art. 20; 3-31-2012 ATM by Art. 22]

(6)

Signs which post land with respect to allowing or not allowing trespassing and/or hunting, not to exceed three square feet.

(7)

Signs erected for public safety and welfare by the Town, county, or other public agencies.

(8)

Private residential signs which are used to convey the inhabitants' names, property name, and safety or caution messages. Signs may be surface mounted or freestanding but may not exceed three square feet in surface area.

(9)

Private residential signs which are used to advertise a yard sale shall not exceed three square feet. Signs allowed by this subsection may be erected off premises, with permission of the off-premises property owner.

[Amended 3-31-2012 ATM by Art. 22]

Signs which may be authorized by the Code Enforcement Officer.

(1)

Temporary signs for special sales are limited to six per year and may be displayed for only seven consecutive days. Such signs may not be larger than 16 square feet in surface area. Written application to the Code Enforcement Officer is required.

[Amended 2-6-2019 STM by Art. 2]

(2)

Educational and religious uses may display one sign for each building not exceeding 32 square feet in total surface area per sign.

(3)

A home occupation sign relating only to goods or services available on premises, which may be surface mounted or freestanding but may not exceed three square feet in surface area and the top edge six feet in height. Only one home occupation sign is permitted per lot. Any home occupation sign displayed inside a window is considered a sign and is counted in the sign area allowed for home occupations.

(4)

Commercial signs related to goods or services available on the premises.

(a)

Commercial wall signs shall meet the following standards:

[1]

A commercial wall sign or wall signs shall be mounted flat against the building surface.

[2]

The total area of such a wall sign or wall signs shall not cover more than 10% of the gross surface area of the building face on which they are mounted, but in no event shall they exceed 32 square feet in area.

[3]

In a nonresidential building occupied by multiple businesses, only one wall sign per business occupancy may be affixed to the building exterior. The total area of all walls signs for individual business occupancies shall not exceed the maximum set forth in Subsection C(4)(a)[2] above.

[4]

If a commercial building is located on a lot with frontage on two public ways, an additional allocation of wall signage may be utilized on the second building wall facing the second public way, with the area limited and allocated according to the standards of Subsection C(4)(a)[2] and [3] above.

[5]

If a commercial wall sign or wall signs are utilized, a perpendicularly mounted building sign or signs may not be utilized on the same wall, unless the sum of the area of the wall signage and the area of the perpendicularly mounted building signage is less than 10% of the gross surface area o f the building face on which they are mounted, but in no event shall the sum of the areas exceed 32 square feet.

(b)

Commercial freestanding signs and perpendicularly mounted building signs shall meet the following standards:

[1]

Commercial signs that are mounted perpendicular to a building face, or that are freestanding, may not exceed 32 square feet in sign area.

[2]

Both sides of freestanding or perpendicularly mounted building signs are counted in calculating the sign area.

[3]

Brackets, posts, or other means of support for them must be designed to be as inconspicuous as possible.

[4]

In reviewing sign designs, the Board or Code Enforcement Officer may include oversize support systems as part of the sign area.

[5]

Each commercial building shall be limited to one freestanding sign, except that:

[a]

Where one occupant occupies more than one building per lot or combination of lots mutually adjoining and in common ownership, only one freestanding sign is permitted.

[b]

Two freestanding signs are permitted on a corner lot, with one facing each right-of-way, provided that:

[i]

Both signs are no less than 40 feet from the right-of-way corner; and

[ii]

The corner lot has at least the minimum required lot frontage for the district in which it is located, along each right-of-way.

[6]

The top edge of any freestanding sign may not be higher than 15 feet above the street grade nearest the sign supports. Freestanding signs may not be closer than 10 feet to the street right-of-way nor closer than 12 feet to either side lot line.

[7]

Flags and banners, other than those exempted under Subsection E below, shall be considered as signage regulated by this ordinance and their area shall be counted towards the maximum square footage area of perpendicularly mounted building signs allowable for the property.

(c)

Notwithstanding any of the size requirements above, no sign within the Shoreland Zone may have a sign area exceeding six square feet.

(d)

The Planning Board may approve land use permits allowing expanded business signage in the Commercial and new Mixed Use Districts after a nonbinding review and comment from the Design Review Committee.

[Added 2-6-2019 STM by Art. 2]

Illumination of signs.

(1)

No sign may be illuminated with flashing, moving, or animated-type lights.

(2)

Externally illuminated signs may be illuminated with white lights only.

(3)

Internally illuminated signs are permitted, and may have graphics or text in any color.

(4)

Outdoor neon signs are prohibited. Indoor neon signs are permitted, but shall count towards the maximum square footage for commercial wall signs set forth above, if they are visible from the public way, and are located within 12 inches from any window, door, or building opening.

Exceptions. The following types of signs are exempted from the regulations in Subsections B through D above:

(1)

Flags and insignia of any government and "OPEN" flags, with maximum dimensions of three feet by five feet.

(2)

Legal notice, identification, information, or directional signs erected or required by government bodies.

(3)

Little League sponsorship signs located on municipal recreational facilities. Said signs shall adhere to the following specifications:

(a)

Maximum size of each sign not to exceed four feet by eight feet.

(b)

Signs will be painted green on both the front and back, with lettering only on the side facing the inside of the baseball field.

(c)

Signs may only be hung on the Little League outfield fence between the foul posts.

(d)

Signs must be kept in good repair by the Little League organization.

(e)

Signs may hang only between May 1 and Labor Day.

Restoration or replacement.

(1)

This chapter allows the normal upkeep and maintenance of existing nonconforming signs and repairs, renovations, and maintenance which does not involve enlargement of existing nonconforming signs.

(2)

Any existing nonconforming sign which is hereafter damaged or destroyed by a cause other than the willful act of the owner or the owner's agent may be restored or reconstructed within one year of the date of said damage or destruction.

§ 160-105 Soils and soil erosion control.

[Amended 3-28-2009 ATM by Art. 21]

Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface wastewater 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 certified geologists, or other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed method to counteract soil limitations where they exist.

Soil erosion control.

	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. 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.

	Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by the following erosion control management practices:

(1)

The stripping of vegetation, removal of soil, regrading, or other development of the site must be accomplished by limiting the duration of exposure and area of the site to be disturbed. Dust control methods as required by the review authority must be employed during dry conditions.

(2)

Temporary vegetation, mulching, and/or siltation fabrics must be used to protect critical areas during the development. Sedimentation of run-off waters must be trapped by debris basins, silt traps, sediment basins, or other methods determined acceptable by the review authority. Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, or mulch, or other effective measures. In all cases permanent stabilization shall occur within six (6) months of the initial date of exposure.

In addition:

(a)

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

(b)

Anchoring the mulch with netting, peg and twine, or other suitable method may be required to maintain the mulch cover and shall be used on slopes of 2:1 or greater.

(c)

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

(3)

Natural and man-made drainageways and drainage outlets shall be protected from erosion caused by water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater, and shall be stabilized with vegetation or lined with riprap.

(4)

The top or bottom of a cut or fill may not be closer than 10 feet to a property line unless otherwise mutually agreed to by the affected landowner and Town, but in no instance may said cut or fill exceed a 3:1 slope.

(5)

Within any Shoreland Zone, all activities which involve filling, grading, excavation, or other similar activities which result in unstabilized soil conditions and which require a permit, shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the review 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.

§ 160-106 Solar consideration.

When solar energy systems are proposed which are not attached to a house, they must be set back at least 10 feet from side and rear lot lines, and 25 feet from the right-of-way line or 50 feet from the center line of a street, whichever distance is greater.

Solar energy systems must be set back 75 feet from the normal high-water elevation, and must meet the standards for timber harvesting in the Shoreland Zone and clearing of vegetation for development, unless approval is granted by the Planning Board. In addition to meeting the criteria in Article XIX for land use permits, the applicant must demonstrate that the standards need to be varied to obtain solar access. In no case may the system be located less than 30 feet from normal high-water mark.

Solar energy systems in the Shoreland District are subject to design approval by the Planning Board to ensure the systems are visually compatible with adjacent land uses.

Lot coverage requirements of this chapter do not apply to solar energy systems.

§ 160-107 Stormwater runoff.

[Amended 10-25-2005 STM by Art. 10]

General standards. All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters. Surface water runoff shall be detained on-site if possible or practicable. If it is not possible to detain water on-site, downstream improvements to the channel are required of the developer to prevent flooding caused by the proposed project. The design of any stormwater management system shall be required to limit peak discharge rates to the predevelopment levels for the fifty-year frequency, twenty-four-hour duration storm. Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

[Amended 3-28-2009 ATM by Art. 21]

Special standards for activities in the Fort Ridge Road Drainage Overlay District.

(1)

Within the Fort Ridge Road Drainage Overlay District as depicted on the Addendum to the Alfred Zoning Map, dated September 9, 2005, and adopted October 25, 2005, no change of use, subdivision, division of land not requiring subdivision approval, construction, earthmoving, timber harvesting, or clearing of vegetation shall be permitted, regardless of which review authority, if any, has jurisdiction over the activity pursuant to Article V, until a land use permit is obtained from the Code Enforcement Officer. Before the issuance of any land use permit, the Code Enforcement Officer shall require a stormwater management plan, prepared by a licensed professional engineer, to be submitted for review, unless the Officer makes a written determination that the construction or other activity will not have any impact on stormwater drainage. The Code Enforcement Officer shall submit the stormwater management plan, if required, to the Town's consulting engineer for review, at the expense of the landowner and/or applicant.

(2)

If a stormwater management plan is required to be submitted pursuant to the above subsection, no land use permit shall be issued unless the stormwater management plan indicates that peak discharge rates shall be limited to the predevelopment levels for the two-year, twenty-five-year, fifty-year and one-hundred-year frequency, twenty-four-hour duration storm based on rainfall data for Portland, Maine. The proposed stormwater management system shall utilize best management practices equivalent to those described in the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection, current edition.

[Amended 10-9-2007 STM by Art. 6]

§ 160-108 Streets and roads.

New lots within a subdivision must front on a street.

[Amended 3-17-2001 ATM by Art. 23]

Driveways and rights-of-way serving lots without frontage on a street and not in a subdivision must meet the following requirements:

[Amended 3-17-2001 ATM by Art. 23]

(1)

The right-of-way must be at least 30 feet wide at all points.

(2)

Any driveway serving any residential dwelling unit or business must contain at least 12 inches of sand and gravel and be provided with drainage ditches wherever the Town Road Commissioner requires them.

(3)

The driveway width must be 12 feet for one- or two-dwelling units and two feet wider for each additional dwelling unit, up to a width of 20 feet.

Streets.

[Added 3-17-2001 ATM by Art. 23]

(1)

The purpose of this subsection is to establish appropriate standards for the design and construction of all streets in the Town, and to establish a procedure for the petitioning of streets to the Town for acceptance as Town ways. These street standards are designed to promote the following objectives:

(a)

To protect the health, safety, convenience, and welfare of the Town's inhabitants;

(b)

To complement and enhance the goals and polices of the Town Comprehensive Plan;

(c)

To provide safe and convenient pedestrian circulation;

(d)

To provide safe and convenient vehicular access and circulation;

(e)

To minimize long-term street maintenance and repair costs; and

(f)

To minimize the creation of impervious surface in order to limit the impact of runoff on the Town's water resources.

(g)

To assure that new streets are constructed in a manner that meets or exceeds the construction standards in Article XII, § 148-47B of the Chapter 148, Subdivision of Land.

(2)

The classification of an existing or proposed street shall be made by the Planning Board based on the estimated ADT. (One single-family home = 10 ADT.) The street classifications are:

(a)

Arterial street: a major thoroughfare which serves as a major traffic way through Town and between towns, and whose primary function is traffic movement. The following roadways shall be considered arterials:

U.S. Route 202;

Maine Route 4;

Maine Route 111.

Collector street: a street with average daily traffic of over 250 vehicles per day, or a street serving as a feeder to an arterial and as a collector of traffic from minor streets.

(c)

Minor street: A minor street shall be defined as a street which generally serves to carry the least amount of traffic, at the lowest speeds. It is also intended to provide a safe environment for residential neighborhoods. No minor street (or street section if it has more than one street connection) shall have an ADT greater than 250. Streets classified under this category shall be further classified as either "rural" or "growth," based upon the guidelines of the Town's Comprehensive Plan.

(d)

Local street: a minor residential street servicing no more than five residential lots/dwelling units. An unpaved local street shall not be eligible for Town services or for acceptance as a Town way.

(e)

Commercial/industrial street: a street servicing commercial and/or industrial land uses.

(3)

Variances and waivers.

(a)

The Planning Board may, as part of its review and approval of a plan, waive certain street design and construction standards in conformance with the waiver provisions of Article XIV of the Chapter 148, Subdivision of Land. Such waivers shall not assure eligibility for the petitioning or acceptance of such street as a Town way.

(b)

Any waiver of the provisions of these standards which is part of a petition for acceptance of a street as a Town way shall be decided by the Board of Selectmen and shall conform to the standards below.

[1]

Where extraordinary and unnecessary hardships would result, or due to special circumstances of the site, certain requirements of these standards may be waived by the Board of Selectmen based upon the following criteria:

[a]

The requested waiver shall have been previously reviewed and approved by the Planning Board. Such approval shall specifically address the impact of the requested waiver upon the safe functioning of the street, the long-term costs of maintaining the street, and the Town's ability to provide public services along the street.

[b]

The required thickness of pavement shall not be reduced, and

[c]

A report from the Road Commissioner and Town's engineer concerning the expected performance of the street {per the criteria listed in Subsection C(3)(b)[l][a] above} if the variance/waiver is granted.

[2]

In granting such waivers, the Board of Selectmen shall require such conditions, as will, in its judgment secure the objectives of § 160-108C(l) of this chapter and of the requirement(s) so waived.

Roads and driveways constructed within the Shoreland Zone. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

[Amended 3-28-2009 ATM by Art. 21]

(1)

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond or a river, and 75 feet, horizontal distance. from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/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.

	On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%.

	This subsection does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, nor to facilities located nearer to the shoreline due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this subsection except for that portion of the road or driveway necessary for direct access to the structure.

(2)

An existing public street may be expanded within the legal street right-of-way regardless of its setback from a water body, tributary stream or wetland.

(3)

New roads and driveways are prohibited in a Resource Protection District except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District, the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

(4)

Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in this chapter.

(5)

Road and driveway grades shall be no greater than 10% except for short segments of less than 200 feet.

(6)

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet, plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

(7)

Ditch relief (cross drainage) culverts, drainage dips, and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following applies:

(a)

Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:

	Road Grade (percent)	Spacing (feet)
	0-2	250
	3-5	200-135
	6-10	100-80
	11-15	80-60
	16-20	60-45
	21 plus	40

(b)

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

(c)

On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.

(d)

Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

(8)

Ditches, culverts, bridges, dips, water turnouts, and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

§ 160-108.1 Procedures for acceptance of proposed Town ways.

[Added 3-17-2001 ATM by Art. 23]

General. All streets which are laid out or proposed for Town acceptance shall be in accordance with Maine law and the provisions of this chapter as follows:

[Amended 3-9-2007 ATM by Art. 25]

(1)

Subdivisions. The Planning Board shall not approve any subdivision plan unless proposed street(s) are designed and to be constructed in accordance with the standards of this chapter. Final subdivision plan approval by the Planning Board shall not be deemed to constitute or be evidence of acceptance or intent of acceptance by the Town of any street.

(2)

Site plans. The Planning Board shall not approve any site plan unless the proposed street(s) are designed and to be constructed in accordance with the standards of this chapter. Final site plan approval by the Planning Board shall not be deemed to constitute or be evidence of acceptance or intent of acceptance by the Town of any street.

(3)

Petition to Town legislative body for acceptance of a street as a Town way. All petitions for the acceptance of a street(s) as a Town way shall be made to the Board of Selectmen prior to being brought before Town Meeting, and shall be in accordance with Maine law and the provisions of this chapter. Streets not surfaced with hot rolled bituminous pavement are not eligible for petitioning or acceptance as Town ways.

(4)

Streets shall not be eligible for petitioning or acceptance as Town ways until at least 80% of the dwelling units or structures which the street is designed to serve are constructed and have received certificates of occupancy from the Code Enforcement Officer.

Application procedure for street acceptance.

(1)

All petitions for street acceptance shall be accompanied by an application which includes the following information:

(a)

Petitioner's name, address, phone, signature and date.

(b)

Names of the owner(s) of record of the land upon which the proposed Town way is located, including any proposed easements proposed as part of the petition to the Town.

(c)

A copy of the most recently recorded deeds for the land that is the proposed street.

(d)

A statement of any legal encumbrances on the land upon which the proposed Town way is located.

(e)

A legal description of the proposed Town way (and all associated easements), giving complete descriptive data by bearings and distances based upon a standard boundary survey of the parcel, made and certified by a Maine registered land surveyor, along with a copy of the survey plan, and written verification by the surveyor that permanent monumentation has been set at all street intersections and points of curvature.

(f)

A written certification by a professional engineer, registered in the State of Maine, certifying that the proposed Town way meets or exceeds the design and construction standards set forth in this chapter.

(g)

One Mylar and two sets of blue prints of as-built conditions of the proposed Town way conforming to the plan requirements and standards of this chapter. Where underground utilities have been installed, the as-built plans shall show the final, installed location of such lines.

(h)

Date that street construction was completed, including the dates that the base course and surface course of pavement were installed.

(2)

Upon receipt of a petition and application for a proposed street acceptance, the Board of Selectmen shall forward one set of plans to the Planning Board, who shall confirm the street's classification per § 160-108C(2), and one set of plans to the Town's consulting engineer who shall review and provide written comment back to the Selectmen. The engineer's comment shall state either that the street meets the Town's street design and construction standards as specified in this chapter, or shall provide a list of the standards which have not been met. The Town's engineer's review shall include a field inspection of the proposed Town way, to determine if there are any performance problems or structural failures which have occurred since the completion of the street construction.

(3)

When the Board of Selectmen determines that the proposed street meets or exceeds the design and construction requirements of this chapter, they shall set and hold a public hearing on the petition. At or following the public hearing, the Board of Selectmen shall vote to place it on the next available Town Meeting warrant.

§ 160-109 Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 3-28-2009 ATM by Art. 21]

Within a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 160-109.1. Elsewhere, in any Resource Protection District, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection A above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond or a river, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

(1)

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, provided that a cleared line of sight to the water through the buffer strip is not created.

(2)

Distribution.

(a)

Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this section, a "well-distributed stand of trees and other natural vegetation" adjacent to a great pond, river, or stream flowing to a great pond must be defined as maintaining a rating score of 24 points or more in each twenty-five-foot by fifty-foot rectangular (1,250 square feet) area as determined by the following rating system:

	Diameter of Trees at 4 1/2 Feet Above Ground Level (inches)	Points
	2 to less than 4	1
	4 to less than 8	2
	8 to less than 12	4
	12 or greater	8

(b)

Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular area.

NOTE:	As an example, adjacent to a great pond, if a twenty-five-foot x fifty-foot plot contains four trees between two and four inches in diameter, two trees between four and eight inches in diameter, three trees between eight and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

	(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points

	Thus, the twenty-five-foot by fifty-foot plot contains trees worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed from the plot provided that no cleared openings are created.

The following shall govern in applying this point system:

	(i)	The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

	(ii)	Each successive plot must be adjacent to, but not overlap a previous plot;

	(iii)	Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this ordinance;

	(iv)	Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this ordinance;

	(v)	Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this subsection "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

(c)

Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten-year period.

(3)

In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsection B above.

(4)

Pruning of tree branches, on the bottom 1/3 of the tree is allowed.

(5)

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with § 160-109.1, unless existing tree growth is present.

To maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with Subsection B above.

At distances greater than 100 feet, horizontal distance, from a great pond or a river, and 75 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty-percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

[Amended 3-26-2016 ATM by Art. 22]

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision applies to the portion of a lot within the Shoreland Zone, including the buffer area.

Cleared openings legally in existence may be maintained, but shall not be enlarged, except as allowed by this chapter.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

§ 160-109.1 Hazard trees, storm-damaged trees, and dead tree removal.

[Added 3-26-2016 ATM by Art. 22]

Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(1)

Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, the replacement trees shall consist of native species at least four feet in height, and no less than two inches in diameter. Stumps may not be removed.

(2)

Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above ground level in any ten-year period, and/or results in cleared openings exceeding 25% of the lot area within the Shoreland Zone, or 10,000 square feet, whichever is greater, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, the replacement trees shall consist of native species at least two inches in diameter, measured at 4.5 feet above the ground level.

(3)

The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision, dead trees are those trees that contain no foliage during the growing season.

(4)

The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Zone. The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed eight inches in diameter measured at 4.5 feet above the ground level.

Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(1)

Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required; instead the area shall be allowed to naturally revegetate, and the following requirements must be met:

(a)

The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

(b)

Stumps from the storm-damaged trees may not be removed;

(c)

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

(d)

If, after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every 80 square feet of lost canopy.

(2)

Outside of the shoreline buffer, if the removal of storm-damaged trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above the ground level in any ten-year period, or results, in the aggregate, in cleared openings exceeding 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, and no natural regeneration occurs within one growing season, native tree seedlings or saplings shall be replanted on a one-for-one basis.

§ 160-109.2 Exemptions to clearing and vegetation removal requirements.

[Added 3-26-2016 ATM by Art. 22]

The following activities are exempt from the clearing and vegetation removal standards set forth in § 160-109, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as, but not limited to, cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 160-109 apply;

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 160-88 are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 160-117 are complied with;

The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:

(1)

If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;

(2)

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

(3)

If applicable clearing and vegetation removal standards are exceeded due to the removal of nonnative invasive species vegetation, the area shall be revegetated with native species to achieve compliance.

The removal of vegetation associated with emergency response activities conducted by the Maine Department of Environmental Protection, the United States Environmental Protection Agency, and their agents.

§ 160-109.3 Revegetation requirements.

[Added 3-26-2016 ATM by Art. 22]

When revegetation is required in response to violations of the vegetation standards set forth in § 160-109 to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may not otherwise be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:

The property owner must submit a revegetation plan, prepared with and signed by a qualified professional that describes revegetation activities and maintenance. The plan must include a scaled site plan, depicting where vegetation was, or is, to be removed, where existing vegetation is to remain, and where vegetation is to be planted, including a list of all vegetation to be planted.

Revegetation must occur along the same segment of shoreline and in the same area where vegetation was removed and at a density comparable to the preexisting vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the preexisting vegetation, in which case revegetation must occur along the same segment of shoreline and as close as possible to the area where vegetation was removed.

If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.

Revegetation activities must meet the following requirements for trees and saplings:

(1)

All trees and saplings removed must be replaced with native noninvasive species;

(2)

Replacement vegetation must at a minimum consist of saplings;

(3)

If more than three trees or saplings are planted, then at least three different species shall be used;

(4)

No one species shall make up 50% or more of the number of trees and saplings planted;

(5)

If revegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or saplings must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

(6)

A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

(1)

All woody vegetation and vegetation under three feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three feet in height as applicable and shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(2)

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

(3)

No one species shall make up 50% or more of the number of planted woody vegetation plants; and

(4)

Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

(1)

All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(2)

Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and

(3)

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five years.

§ 160-110 Water quality protection.

[Amended 3-11-1995 ATM by Art. 18; 3-29-2005 STM by Art. 2; 3-28-2009 ATM by Art. 21]

No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or wetland.

No person, land use, or activity may locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that will run off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant, or aquatic life.

All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials must be located on impervious pavement, and must be completely enclosed by an impervious dike which is high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a fifty-year storm, so that such liquid will not spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating oil and diesel fuel, not exceeding 275 gallons in size, are exempted from this requirement, if they are not located over a high seasonal water table (within 15 inches of the surface) or over rapidly permeable sandy soils.

The following additional standards shall apply to any activities or land uses within the Wellhead Protection Districts 1, 2 and 3:

(1)

Any nitrates discharged from the subsurface wastewater system shall be diluted to a maximum level of five mg per liter upon reaching the property line

(2)

No new residential septic systems shall be installed with a capacity of over 450 gallons per day, as defined by the Maine Subsurface Wastewater Disposal Rules.

(3)

Underground storage tanks, other than septic tanks, shall be prohibited.

(4)

Outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be prohibited.

(5)

Indoor storage of fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be stored on impervious working surfaces, without floor drains.

(6)

Such indoor storage areas shall be constructed with permanent secondary containment such as a dike, designed to hold at least 20% of the volume of storage of all liquids listed above, and 110% of the volume of the largest storage container.

(7)

Tanks for liquid storage shall be equipped with automatic shutoffs and high level alarms.

(8)

All containers and tanks shall be clearly labeled with the name of the chemical or liquid, and date of purchase or generation.

(9)

All containers, tanks, and piping shall be secure and resistant to corrosion.

(10)

Operators of indoor storage areas as described in this section, as well as any operators of commercial vehicles, loaders, or other machinery, shall prepare a spill prevention, containment, and countermeasure plan (SPCC) for submittal to the CEO, Fire Department and Alfred Water District. This plan shall include provisions to prevent and catch spills during fueling, maintenance, and any other operations involving petroleum products, solvents, agricultural chemicals, or waste chemicals.

§ 160-111 Water supply.

Prior to the issuance of any occupancy permit for any structure with a potable water supply system, a water quality analysis demonstrating that the State of Maine Safe Drinking Water Guidelines are met must be submitted to the Code Enforcement Officer.

§ 160-111.1 Impact on critical natural areas.

[Added 3-11-1995 ATM by Art. 18]

If any portion of a multifamily, commercial, or industrial development is located within an area designated as a critical natural area by the Comprehensive Plan or the Department of Economic and Community Development's Natural Heritage Program, the developer must indicate appropriate measures for the preservation of the values which qualify the site for such designation.

§ 160-111.2 Community impact analysis.

[Added 3-17-2001 ATM by Art. 24; amended 3-9-2007 ATM by Art. 25]

The Board shall consider the impact on abutters and municipal services of proposed commercial/industrial, municipal, county and district land uses subject to these performance standards and whether said project will unreasonably impact abutting property owners or unreasonably tax municipal services. The Board shall have the right to impose restrictions and conditions on any proposed project in order to lessen the impact on abutters and the burden on municipal services.

The Planning Board may require the applicant for a subdivision or any other use in the Land Use Table requiring Planning Board approval, to submit a community impact analysis which will consist of the following elements:
	a.	Projected demographic impacts. For subdivision projects, the analysis must identify the demographic market the project intends to serve, including:
		(1)	Average family size;
		(2)	Number and ages of children;
		(3)	Anticipated time period to fill all units or lots;
		(4)	Estimated impact on the school system; and
		(5)	Estimated impact on the Town's recreation resources and programs.
		Associated data, such as anticipated projected housing costs may also be presented to support projections associated with the above demographic description.
	b.	Community impacts. For subdivisions and all other projects, the applicant shall conduct analyses of the following:
		(1)	Estimated impact on public safety providers;
		(2)	Estimated impact on the Town's public works functions, including solid waste disposal.
In the case of subdivision applications, the Planning Board shall utilize this information for dividing the project into phases pursuant to § 148-46. In cases of applications for other land uses, the Planning Board shall transmit the community impact analysis to the Selectmen for use in capital or operating budget preparation.

§ 160-112 Other regulations apply.

The applicant is responsible for complying with all applicable local, county, state, and federal laws and regulations.

Alfred City Zoning Code

ARTICLE XVII

Performance Standards, General Requirements

§ 160-90 Applicability and purpose.

[Amended 12-3-2016 ATM by Art. 18]

All applications for new and renovated commercial structures must be reviewed by the Design Review Committee per Chapter 160, Article XXIII, Design Review Committee.

§ 160-91 Access control and traffic impacts.

[1]

Access to major streets limited.

[Amended 3-11-1995 ATM by Art. 18]

(1)

(a)

There is too little street frontage to reasonably allow for the creation of a new street;

(b)

There will be no further division of the parcel;

(c)

The shape and physical conditions of the parcel do not permit access to or the creation of a new street; and

(d)

Proper sight distance will be maintained.

(2)

Driveways through residential districts. No driveway may be located in a residential district to provide access to uses other than those permitted in that residential district.

Prevent queuing. Driveways serving commercial uses must be designed with enough on-site vehicular stacking capacity so as to prevent queuing of entering vehicles on any street.

(1)

Such connections will facilitate fire protection services as approved by the Fire Chief; and/or

(2)

Such connections will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel onto a street.

Distance to property lines. Except for driveways shared by abutting lots, no driveway may be located less than 20 feet from a side lot line.

Construction materials.

(1)

A driveway entering onto a curbed street must be curbed with materials matching the street curbing. Curbing is required around all raised channelization islands and medians.

(2)

[Amended 3-8-1997 ATM by Art. 72]

(3)

A culvert must be installed so as to carry stormwater from one side of the driveway to the other side. The size and location of the culvert must be reviewed by the Road Commissioner.

§ 160-92 Access to lots.

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

[Amended 3-11-1995 ATM by Art. 18]

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

[Amended 3-11-1995 ATM by Art. 18]

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

§ 160-93 Dust, fumes, vapors, and gases.

§ 160-94 Explosive materials (applies only to commercial and industrial uses).

§ 160-95 Glare.

§ 160-96 Land uses and activities in any Shoreland Zone.

[Amended 3-28-2009 ATM by Art. 21]

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Will conserve shore cover and visual, as well as actual, points of access to water bodies;

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will avoid problems associated with floodplain development; and

Is in conformance with all the applicable standards of this chapter including Articles XVII and XVIII.

§ 160-96.1 Special exceptions for new single-family residential structures in the Resource Protection District.

[Added 3-28-2009 ATM by Art. 21]

(1)

There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.

(2)

(3)

All proposed buildings, sewage disposal systems and other improvements are:

(a)

Located on natural ground slopes of less than 20%; and

(b)

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the one-hundred-year floodplain.

(4)

[Amended 3-26-2016 ATM by Art. 22]

(5)

§ 160-97 Noise (applies only to commercial and industrial uses).

	Sound Pressure Level Limit
	7:00 a.m. to 8:00 p.m. dB(A)	8:00 p.m. to 7:00 a.m. dB(A)
Activities outside Commercial District	60	55
Activities inside Commercial District	70	65

The following uses and activities are exempt from the sound pressure level regulations:

(1)

Noises created by construction and temporary maintenance activities between 6:30 a.m. and 8:00 p.m.

(2)

The noises of safety signals, warning devices, emergency pressure relief valves, and any other emergency activity.

(3)

Traffic noises on public streets.

§ 160-98 Off-street parking and loading requirements.

Basic requirements.

(1)

(2)

(3)

Parking and loading areas must be surfaced with eight inches of bank run sand and gravel. To prevent this material from entering the public way, paving may be needed at entrances and exits.

Off-street parking spaces. Parking spaces and parking lot aisle layout must conform to the following standards:

Aisle Type	Parking Angle (degrees)	Curb Length (feet)	Width, Curb-to-Curb (feet)
One-/two- way, double loaded	90	9.0	60.0
One-/two- way, single loaded	90	9.0	42.0
Two-way, double loaded	60	10.5	59.0
Two-way, single loaded	60	10.5	40.0
One-way, double loaded	60	10.5	53.5
One-way, single loaded	60	10.5	34.5
Two-way, double loaded	45	12.75	56.5
Two-way, single loaded	45	12.75	38.5
One-way, double loaded	45	12.75	48.5
One-way, single loaded	45	12.75	30.0
Two-way, double loaded	30	15.0	51.0
Two-way, single loaded	30	15.0	35.5
One-way, double loaded	30	15.0	43.0
One-way, single loaded	30	15.0	27.5

Schedule of minimum off-street parking requirements:

	Table of Parking Requirements [Amended 3-11-1995 ATM by Art. 18]
	Use Category	Parking Requirement (number of spaces)
	1.1	2 per dwelling unit
	1.2, 1.3	2 per dwelling unit, except that one-bedroom units require only 1 per unit
	1.4	3 for every 5 beds
	1.5	1 per rental bedroom, plus 1 for the manager's dwelling unit
	1.6.3	2 for the dwelling unit plus 3
	1.6.4	1 for the dwelling unit, plus 1 for every 2 employees who do not reside on site, plus 3
	1.7	1 per room rented
	2.1, 2.2, 2.5, 2.6	1 per 200 square feet of gross floor area of the building or buildings
	2.3	1 per 400 square feet of gross floor area of the building or buildings
	2.4	1 per 150 square feet of gross floor area of the building or buildings
	3.1, 3.2	1 per 200 square feet of gross floor area of the building or buildings
	3.3	1 per 200 square feet of gross floor area of the building or buildings, plus queuing space for 5 cars per drive-up window or station
	3.4	1 per 300 square feet of gross floor area
	4.1, 4.2	1 per 800 square feet of gross floor area
	4.3	1 per two employees on the largest shift
	5.1.1, 5.1.2	1.5 per classroom; 5 per classroom for Grades 9 through 12
	5.1.3	1 per 100 square feet of gross floor area
	5.1.4	1 per horse that could be kept at the stable when at maximum capacity
	5.2	1 per 3 seats, based on maximum capacity
	5.3	1 per 300 square feet of gross floor area
	5.4	1 per 300 square feet of gross floor area
	5.5	1 per 300 square feet of gross floor area
	6.1.1	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of gross floor area used in a manner not applicable to such calculation
	6.1.2	1 for every 4 seats
	6.1.3	1 for every 4 seats for the theater; 1 per 200 square feet of gross floor area for other
	6.2.1, 6.2.2, 6.2.3	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of area used in a manner not applicable to such calculation
	6.2.4	1 per horse that could be kept at the stable when at maximum capacity
	6.2.5	1 for every participant that the facility is designed to accommodate when fully utilized; plus 1 for every 3 spectator seats, or 1 for every 50 square feet of spectator area
	6.2.6	None required
	7.1	2 per bed or 1 per 150 square feet of gross floor area, whichever is greater
	7.2, 7.3	3 for every 5 beds
	7.4	1 per dwelling unit
	7.5	1 for every two employees on the maximum shift
	8.1	1 per 100 square feet of gross floor area
	8.2	1 per 100 square feet of gross floor area, plus 1 for every 4 outside tables
	8.3	1 per 50 square feet of gross floor area
	8.4	1 per 100 square feet of gross floor area, plus queuing space for 5 cars per drive-up window or station
	9.0	1 per 100 square feet of gross floor area
	10.0	1 for every room to be rented plus spaces required for restaurant facilities as required for Category 8
	11.1, 11.2, 11.3	1 per 200 square feet of gross floor area
	11.4	1 per 200 square feet of gross floor area, plus queuing space for 3 cars per pump
	11.5	For self-service types, 3 per stall; for non-self-service types, 1 for every 3 employees on the maximum shift plus queuing for 5 cars per washing operation
	12	1 for every two employees on the maximum shift, but not less than 1 per 5,000 square feet of gross floor area
	13	1 per 200 square feet of gross floor area
	14	1 per 200 square feet of gross floor area
	15	1 per 200 square feet of gross floor area
	16	1 for every two employees on the maximum shift
	17.1, 17.2, 17.4	1 per 200 square feet of gross floor area
	17.3	1 per 100 square feet of gross floor area
	18	1 per 200 square feet of gross floor area
	21	1 per 1,000 square feet of area used for storage, display, or sales
	22	1 per 100 square feet of gross floor area
	23	1 per 200 square feet of gross floor area
	24	1 per 200 square feet of gross floor area
	25	The number of spaces equal to the use which the temporary use is replacing
	26	1 per 200 square feet of gross floor area
	28.1	1 per campsite, plus 1 for every two employees on the maximum shift
	28.2	1 space per camp site.

Where the above calculations result in fractions of a space, the required number of spaces is the next higher whole number.

Additional requirements in the Shoreland District.

[Amended 3-28-2009 ATM by Art. 21]

(1)

(2)

(3)

Parking spaces for a vehicle and boat trailer shall be 40 feet long.

§ 160-99 Preservation of landscape (applies only to commercial and industrial uses).

§ 160-100 Refuse disposal (applies only to commercial and industrial uses).

§ 160-101 Building design and relation of proposed building to environment (applies only to commercial and industrial uses).

[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]

Reconstruction of, or additions to, existing buildings.

(1)

(2)

(1)

Any new building shall have a gable, hip, saltbox or mansard roof.

(2)

The siding on new buildings shall be wooden clapboard or wooden shingles, or modern materials which duplicate these in shape, texture and appearance.

(3)

Solar access must also be considered.

§ 160-102 Sanitary standards.

[Amended 3-28-2009 ATM by Art. 21]

	A.	All subsurface sewage disposal systems must be located in areas of suitable soil at least 1,000 square feet in size.
	B.	Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland.
	C.	A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
	D.	The minimum setback for new subsurface sewage disposal facilities, excluding fill extensions, shall be at least 100 horizontal feet from the normal high-water mark of a perennial water body, as defined by the Maine Subsurface Wastewater Disposal Rules. This requirement may not be reduced by variance.
	The following general standards apply to all Zones:
	A.	The approval of a building permit application is subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for wastewater disposal.
	B.	When two or more lots or buildings in different ownership share a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.
	C.	The disposal of industrial or commercial wastewaters by means of subsurface wastewater treatment systems must comply with the laws of the State of Maine concerning water pollution.

§ 160-102.1 Additional sanitary standards.

[Added 3-17-2001 ATM by Art. 24]

§ 160-103 Landscaped buffer areas and screening (applies only to commercial and industrial uses).

[Amended 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

Landscaped buffer areas. The following standards shall apply to new nonresidential buildings on existing or new streets in the Village and Commercial Districts:

Screening options include the following:

(a)

Use of a fence as a visual barrier.

(b)

Evergreen plantings of sufficient height.

(c)

Earthen berm.

(d)

Any combination of the above.

(2)

A waiver may be granted if topographical conditions exist to adequately screen the operation.

§ 160-104 Signs.

[Amended 3-11-1995 ATM by Art. 18; 5-11-1998 STM by Art. 4; 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

General.

(1)

All signs must comply with these requirements unless there is a specific exception in Subsection E, below.

(2)

(3)

(4)

The owner of the land upon which a sign is located is responsible for its safe construction, installation, and maintenance.

(5)

[1]

Editor's Note: See Ch. 142, Signs.

(6)

No roof-mounted signs are permitted.

Signs allowed without a permit include:

(1)

Signs erected by the State of Maine or the Town of Alfred, within street rights-of-way or on other public properties, to direct traffic, indicate parking rules, or offer directions.

(2)

(3)

Rental vacancy signs for residential properties, which are no larger than three square feet in total surface area. One sign per property is permitted, and may be displayed only while vacancies exist.

(4)

[Amended 3-9-2007 ATM by Art. 25; 3-29-2013 ATM by Art. 23]

(5)

[Amended 3-27-2010 ATM by Art. 20; 3-31-2012 ATM by Art. 22]

(6)

Signs which post land with respect to allowing or not allowing trespassing and/or hunting, not to exceed three square feet.

(7)

Signs erected for public safety and welfare by the Town, county, or other public agencies.

(8)

(9)

[Amended 3-31-2012 ATM by Art. 22]

Signs which may be authorized by the Code Enforcement Officer.

(1)

[Amended 2-6-2019 STM by Art. 2]

(2)

Educational and religious uses may display one sign for each building not exceeding 32 square feet in total surface area per sign.

(3)

(4)

Commercial signs related to goods or services available on the premises.

(a)

Commercial wall signs shall meet the following standards:

[1]

A commercial wall sign or wall signs shall be mounted flat against the building surface.

Commercial freestanding signs and perpendicularly mounted building signs shall meet the following standards:

[1]

Commercial signs that are mounted perpendicular to a building face, or that are freestanding, may not exceed 32 square feet in sign area.

[2]

Both sides of freestanding or perpendicularly mounted building signs are counted in calculating the sign area.

[3]

Brackets, posts, or other means of support for them must be designed to be as inconspicuous as possible.

[4]

In reviewing sign designs, the Board or Code Enforcement Officer may include oversize support systems as part of the sign area.

[5]

Each commercial building shall be limited to one freestanding sign, except that:

[a]

Where one occupant occupies more than one building per lot or combination of lots mutually adjoining and in common ownership, only one freestanding sign is permitted.

[b]

Two freestanding signs are permitted on a corner lot, with one facing each right-of-way, provided that:

[i]

Both signs are no less than 40 feet from the right-of-way corner; and

[ii]

The corner lot has at least the minimum required lot frontage for the district in which it is located, along each right-of-way.

[6]

[7]

(c)

Notwithstanding any of the size requirements above, no sign within the Shoreland Zone may have a sign area exceeding six square feet.

(d)

[Added 2-6-2019 STM by Art. 2]

Illumination of signs.

(1)

No sign may be illuminated with flashing, moving, or animated-type lights.

(2)

Externally illuminated signs may be illuminated with white lights only.

(3)

Internally illuminated signs are permitted, and may have graphics or text in any color.

(4)

Exceptions. The following types of signs are exempted from the regulations in Subsections B through D above:

(1)

Flags and insignia of any government and "OPEN" flags, with maximum dimensions of three feet by five feet.

(2)

Legal notice, identification, information, or directional signs erected or required by government bodies.

(3)

Little League sponsorship signs located on municipal recreational facilities. Said signs shall adhere to the following specifications:

(a)

Maximum size of each sign not to exceed four feet by eight feet.

(b)

Signs will be painted green on both the front and back, with lettering only on the side facing the inside of the baseball field.

(c)

Signs may only be hung on the Little League outfield fence between the foul posts.

(d)

Signs must be kept in good repair by the Little League organization.

(e)

Signs may hang only between May 1 and Labor Day.

Restoration or replacement.

(1)

This chapter allows the normal upkeep and maintenance of existing nonconforming signs and repairs, renovations, and maintenance which does not involve enlargement of existing nonconforming signs.

(2)

§ 160-105 Soils and soil erosion control.

[Amended 3-28-2009 ATM by Art. 21]

Soil erosion control.

	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. 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.

	Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by the following erosion control management practices:

(1)

(2)

In addition:

(a)

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

(b)

Anchoring the mulch with netting, peg and twine, or other suitable method may be required to maintain the mulch cover and shall be used on slopes of 2:1 or greater.

(c)

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

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.

§ 160-106 Solar consideration.

Solar energy systems in the Shoreland District are subject to design approval by the Planning Board to ensure the systems are visually compatible with adjacent land uses.

Lot coverage requirements of this chapter do not apply to solar energy systems.

§ 160-107 Stormwater runoff.

[Amended 10-25-2005 STM by Art. 10]

[Amended 3-28-2009 ATM by Art. 21]

Special standards for activities in the Fort Ridge Road Drainage Overlay District.

(1)

(2)

[Amended 10-9-2007 STM by Art. 6]

§ 160-108 Streets and roads.

New lots within a subdivision must front on a street.

[Amended 3-17-2001 ATM by Art. 23]

Driveways and rights-of-way serving lots without frontage on a street and not in a subdivision must meet the following requirements:

[Amended 3-17-2001 ATM by Art. 23]

(1)

The right-of-way must be at least 30 feet wide at all points.

(2)

(3)

The driveway width must be 12 feet for one- or two-dwelling units and two feet wider for each additional dwelling unit, up to a width of 20 feet.

Streets.

[Added 3-17-2001 ATM by Art. 23]

(1)

(a)

To protect the health, safety, convenience, and welfare of the Town's inhabitants;

(b)

To complement and enhance the goals and polices of the Town Comprehensive Plan;

(c)

To provide safe and convenient pedestrian circulation;

(d)

To provide safe and convenient vehicular access and circulation;

(e)

To minimize long-term street maintenance and repair costs; and

(f)

To minimize the creation of impervious surface in order to limit the impact of runoff on the Town's water resources.

(g)

To assure that new streets are constructed in a manner that meets or exceeds the construction standards in Article XII, § 148-47B of the Chapter 148, Subdivision of Land.

(2)

The classification of an existing or proposed street shall be made by the Planning Board based on the estimated ADT. (One single-family home = 10 ADT.) The street classifications are:

U.S. Route 202;

Maine Route 4;

Maine Route 111.

Collector street: a street with average daily traffic of over 250 vehicles per day, or a street serving as a feeder to an arterial and as a collector of traffic from minor streets.

(c)

(d)

Local street: a minor residential street servicing no more than five residential lots/dwelling units. An unpaved local street shall not be eligible for Town services or for acceptance as a Town way.

(e)

Commercial/industrial street: a street servicing commercial and/or industrial land uses.

(3)

Variances and waivers.

The required thickness of pavement shall not be reduced, and

[c]

[2]

In granting such waivers, the Board of Selectmen shall require such conditions, as will, in its judgment secure the objectives of § 160-108C(l) of this chapter and of the requirement(s) so waived.

Roads and driveways constructed within the Shoreland Zone. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

[Amended 3-28-2009 ATM by Art. 21]

(1)

	On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%.

	This subsection does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, nor to facilities located nearer to the shoreline due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this subsection except for that portion of the road or driveway necessary for direct access to the structure.

(2)

An existing public street may be expanded within the legal street right-of-way regardless of its setback from a water body, tributary stream or wetland.

(3)

(4)

(5)

Road and driveway grades shall be no greater than 10% except for short segments of less than 200 feet.

(6)

(7)

(a)

Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:

	Road Grade (percent)	Spacing (feet)
	0-2	250
	3-5	200-135
	6-10	100-80
	11-15	80-60
	16-20	60-45
	21 plus	40

(b)

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

(c)

(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.

(8)

§ 160-108.1 Procedures for acceptance of proposed Town ways.

[Added 3-17-2001 ATM by Art. 23]

General. All streets which are laid out or proposed for Town acceptance shall be in accordance with Maine law and the provisions of this chapter as follows:

[Amended 3-9-2007 ATM by Art. 25]

Application procedure for street acceptance.

(1)

All petitions for street acceptance shall be accompanied by an application which includes the following information:

(a)

Petitioner's name, address, phone, signature and date.

(b)

Names of the owner(s) of record of the land upon which the proposed Town way is located, including any proposed easements proposed as part of the petition to the Town.

(c)

A copy of the most recently recorded deeds for the land that is the proposed street.

(d)

A statement of any legal encumbrances on the land upon which the proposed Town way is located.

Date that street construction was completed, including the dates that the base course and surface course of pavement were installed.

(2)

(3)

§ 160-109 Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 3-28-2009 ATM by Art. 21]

(1)

(2)

Distribution.

(a)

	Diameter of Trees at 4 1/2 Feet Above Ground Level (inches)	Points
	2 to less than 4	1
	4 to less than 8	2
	8 to less than 12	4
	12 or greater	8

(b)

NOTE:	As an example, adjacent to a great pond, if a twenty-five-foot x fifty-foot plot contains four trees between two and four inches in diameter, two trees between four and eight inches in diameter, three trees between eight and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

	(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points

	Thus, the twenty-five-foot by fifty-foot plot contains trees worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed from the plot provided that no cleared openings are created.

The following shall govern in applying this point system:

	(i)	The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

	(ii)	Each successive plot must be adjacent to, but not overlap a previous plot;

	(iii)	Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this ordinance;

	(iv)	Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this ordinance;

	(v)	Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this subsection "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

(c)

Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten-year period.

(3)

(4)

Pruning of tree branches, on the bottom 1/3 of the tree is allowed.

(5)

[Amended 3-26-2016 ATM by Art. 22]

Cleared openings legally in existence may be maintained, but shall not be enlarged, except as allowed by this chapter.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

§ 160-109.1 Hazard trees, storm-damaged trees, and dead tree removal.

[Added 3-26-2016 ATM by Art. 22]

Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(1)

(a)

The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

(b)

Stumps from the storm-damaged trees may not be removed;

(c)

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

(d)

(2)

§ 160-109.2 Exemptions to clearing and vegetation removal requirements.

[Added 3-26-2016 ATM by Art. 22]

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 160-88 are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 160-117 are complied with;

The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:

(1)

(2)

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

(3)

§ 160-109.3 Revegetation requirements.

[Added 3-26-2016 ATM by Art. 22]

Revegetation activities must meet the following requirements for trees and saplings:

(1)

All trees and saplings removed must be replaced with native noninvasive species;

(2)

Replacement vegetation must at a minimum consist of saplings;

(3)

If more than three trees or saplings are planted, then at least three different species shall be used;

(4)

No one species shall make up 50% or more of the number of trees and saplings planted;

(5)

(6)

A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

(1)

(2)

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

(3)

No one species shall make up 50% or more of the number of planted woody vegetation plants; and

(4)

Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

(1)

(2)

(3)

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five years.

§ 160-110 Water quality protection.

[Amended 3-11-1995 ATM by Art. 18; 3-29-2005 STM by Art. 2; 3-28-2009 ATM by Art. 21]

The following additional standards shall apply to any activities or land uses within the Wellhead Protection Districts 1, 2 and 3:

(1)

Any nitrates discharged from the subsurface wastewater system shall be diluted to a maximum level of five mg per liter upon reaching the property line

(2)

No new residential septic systems shall be installed with a capacity of over 450 gallons per day, as defined by the Maine Subsurface Wastewater Disposal Rules.

(3)

Underground storage tanks, other than septic tanks, shall be prohibited.

(4)

Outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be prohibited.

(5)

Indoor storage of fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be stored on impervious working surfaces, without floor drains.

(6)

(7)

Tanks for liquid storage shall be equipped with automatic shutoffs and high level alarms.

(8)

All containers and tanks shall be clearly labeled with the name of the chemical or liquid, and date of purchase or generation.

(9)

All containers, tanks, and piping shall be secure and resistant to corrosion.

(10)

§ 160-111 Water supply.

§ 160-111.1 Impact on critical natural areas.

[Added 3-11-1995 ATM by Art. 18]

§ 160-111.2 Community impact analysis.

[Added 3-17-2001 ATM by Art. 24; amended 3-9-2007 ATM by Art. 25]

The Planning Board may require the applicant for a subdivision or any other use in the Land Use Table requiring Planning Board approval, to submit a community impact analysis which will consist of the following elements:
	a.	Projected demographic impacts. For subdivision projects, the analysis must identify the demographic market the project intends to serve, including:
		(1)	Average family size;
		(2)	Number and ages of children;
		(3)	Anticipated time period to fill all units or lots;
		(4)	Estimated impact on the school system; and
		(5)	Estimated impact on the Town's recreation resources and programs.
		Associated data, such as anticipated projected housing costs may also be presented to support projections associated with the above demographic description.
	b.	Community impacts. For subdivisions and all other projects, the applicant shall conduct analyses of the following:
		(1)	Estimated impact on public safety providers;
		(2)	Estimated impact on the Town's public works functions, including solid waste disposal.
In the case of subdivision applications, the Planning Board shall utilize this information for dividing the project into phases pursuant to § 148-46. In cases of applications for other land uses, the Planning Board shall transmit the community impact analysis to the Selectmen for use in capital or operating budget preparation.

§ 160-112 Other regulations apply.

The applicant is responsible for complying with all applicable local, county, state, and federal laws and regulations.

Alfred City Zoning Code

ARTICLE XVII

Performance Standards, General Requirements

§ 160-90 Applicability and purpose.

[Amended 12-3-2016 ATM by Art. 18]

All applications for new and renovated commercial structures must be reviewed by the Design Review Committee per Chapter 160, Article XXIII, Design Review Committee.

§ 160-91 Access control and traffic impacts.

[1]

Access to major streets limited.

[Amended 3-11-1995 ATM by Art. 18]

(1)

(a)

There is too little street frontage to reasonably allow for the creation of a new street;

(b)

There will be no further division of the parcel;

(c)

The shape and physical conditions of the parcel do not permit access to or the creation of a new street; and

(d)

Proper sight distance will be maintained.

(2)

Driveways through residential districts. No driveway may be located in a residential district to provide access to uses other than those permitted in that residential district.

Prevent queuing. Driveways serving commercial uses must be designed with enough on-site vehicular stacking capacity so as to prevent queuing of entering vehicles on any street.

(1)

Such connections will facilitate fire protection services as approved by the Fire Chief; and/or

(2)

Such connections will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel onto a street.

Distance to property lines. Except for driveways shared by abutting lots, no driveway may be located less than 20 feet from a side lot line.

Construction materials.

(1)

A driveway entering onto a curbed street must be curbed with materials matching the street curbing. Curbing is required around all raised channelization islands and medians.

(2)

[Amended 3-8-1997 ATM by Art. 72]

(3)

A culvert must be installed so as to carry stormwater from one side of the driveway to the other side. The size and location of the culvert must be reviewed by the Road Commissioner.

§ 160-92 Access to lots.

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

[Amended 3-11-1995 ATM by Art. 18]

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

[Amended 3-11-1995 ATM by Art. 18]

(1)

The lot is connected to a street by an access strip meeting the following criteria:

(a)

The access strip is a right-of-way deeded in favor of that back lot;

(b)

The right-of-way is 50 feet wide unless it leads to a street that is less than 50 feet wide and in that case is at least 33 feet wide; and

(c)

A driveway along the access strip can be constructed which is suitable to permit emergency vehicle access.

(2)

The lot has a minimum lot width equal to the minimum street frontage of that district.

§ 160-93 Dust, fumes, vapors, and gases.

§ 160-94 Explosive materials (applies only to commercial and industrial uses).

§ 160-95 Glare.

§ 160-96 Land uses and activities in any Shoreland Zone.

[Amended 3-28-2009 ATM by Art. 21]

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Will conserve shore cover and visual, as well as actual, points of access to water bodies;

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will avoid problems associated with floodplain development; and

Is in conformance with all the applicable standards of this chapter including Articles XVII and XVIII.

§ 160-96.1 Special exceptions for new single-family residential structures in the Resource Protection District.

[Added 3-28-2009 ATM by Art. 21]

(1)

There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.

(2)

(3)

All proposed buildings, sewage disposal systems and other improvements are:

(a)

Located on natural ground slopes of less than 20%; and

(b)

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the one-hundred-year floodplain.

(4)

[Amended 3-26-2016 ATM by Art. 22]

(5)

§ 160-97 Noise (applies only to commercial and industrial uses).

	Sound Pressure Level Limit
	7:00 a.m. to 8:00 p.m. dB(A)	8:00 p.m. to 7:00 a.m. dB(A)
Activities outside Commercial District	60	55
Activities inside Commercial District	70	65

The following uses and activities are exempt from the sound pressure level regulations:

(1)

Noises created by construction and temporary maintenance activities between 6:30 a.m. and 8:00 p.m.

(2)

The noises of safety signals, warning devices, emergency pressure relief valves, and any other emergency activity.

(3)

Traffic noises on public streets.

§ 160-98 Off-street parking and loading requirements.

Basic requirements.

(1)

(2)

(3)

Parking and loading areas must be surfaced with eight inches of bank run sand and gravel. To prevent this material from entering the public way, paving may be needed at entrances and exits.

Off-street parking spaces. Parking spaces and parking lot aisle layout must conform to the following standards:

Aisle Type	Parking Angle (degrees)	Curb Length (feet)	Width, Curb-to-Curb (feet)
One-/two- way, double loaded	90	9.0	60.0
One-/two- way, single loaded	90	9.0	42.0
Two-way, double loaded	60	10.5	59.0
Two-way, single loaded	60	10.5	40.0
One-way, double loaded	60	10.5	53.5
One-way, single loaded	60	10.5	34.5
Two-way, double loaded	45	12.75	56.5
Two-way, single loaded	45	12.75	38.5
One-way, double loaded	45	12.75	48.5
One-way, single loaded	45	12.75	30.0
Two-way, double loaded	30	15.0	51.0
Two-way, single loaded	30	15.0	35.5
One-way, double loaded	30	15.0	43.0
One-way, single loaded	30	15.0	27.5

Schedule of minimum off-street parking requirements:

	Table of Parking Requirements [Amended 3-11-1995 ATM by Art. 18]
	Use Category	Parking Requirement (number of spaces)
	1.1	2 per dwelling unit
	1.2, 1.3	2 per dwelling unit, except that one-bedroom units require only 1 per unit
	1.4	3 for every 5 beds
	1.5	1 per rental bedroom, plus 1 for the manager's dwelling unit
	1.6.3	2 for the dwelling unit plus 3
	1.6.4	1 for the dwelling unit, plus 1 for every 2 employees who do not reside on site, plus 3
	1.7	1 per room rented
	2.1, 2.2, 2.5, 2.6	1 per 200 square feet of gross floor area of the building or buildings
	2.3	1 per 400 square feet of gross floor area of the building or buildings
	2.4	1 per 150 square feet of gross floor area of the building or buildings
	3.1, 3.2	1 per 200 square feet of gross floor area of the building or buildings
	3.3	1 per 200 square feet of gross floor area of the building or buildings, plus queuing space for 5 cars per drive-up window or station
	3.4	1 per 300 square feet of gross floor area
	4.1, 4.2	1 per 800 square feet of gross floor area
	4.3	1 per two employees on the largest shift
	5.1.1, 5.1.2	1.5 per classroom; 5 per classroom for Grades 9 through 12
	5.1.3	1 per 100 square feet of gross floor area
	5.1.4	1 per horse that could be kept at the stable when at maximum capacity
	5.2	1 per 3 seats, based on maximum capacity
	5.3	1 per 300 square feet of gross floor area
	5.4	1 per 300 square feet of gross floor area
	5.5	1 per 300 square feet of gross floor area
	6.1.1	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of gross floor area used in a manner not applicable to such calculation
	6.1.2	1 for every 4 seats
	6.1.3	1 for every 4 seats for the theater; 1 per 200 square feet of gross floor area for other
	6.2.1, 6.2.2, 6.2.3	1 for every 3 persons that the facility is designed to accommodate when fully utilized, plus 1 per 200 square feet of area used in a manner not applicable to such calculation
	6.2.4	1 per horse that could be kept at the stable when at maximum capacity
	6.2.5	1 for every participant that the facility is designed to accommodate when fully utilized; plus 1 for every 3 spectator seats, or 1 for every 50 square feet of spectator area
	6.2.6	None required
	7.1	2 per bed or 1 per 150 square feet of gross floor area, whichever is greater
	7.2, 7.3	3 for every 5 beds
	7.4	1 per dwelling unit
	7.5	1 for every two employees on the maximum shift
	8.1	1 per 100 square feet of gross floor area
	8.2	1 per 100 square feet of gross floor area, plus 1 for every 4 outside tables
	8.3	1 per 50 square feet of gross floor area
	8.4	1 per 100 square feet of gross floor area, plus queuing space for 5 cars per drive-up window or station
	9.0	1 per 100 square feet of gross floor area
	10.0	1 for every room to be rented plus spaces required for restaurant facilities as required for Category 8
	11.1, 11.2, 11.3	1 per 200 square feet of gross floor area
	11.4	1 per 200 square feet of gross floor area, plus queuing space for 3 cars per pump
	11.5	For self-service types, 3 per stall; for non-self-service types, 1 for every 3 employees on the maximum shift plus queuing for 5 cars per washing operation
	12	1 for every two employees on the maximum shift, but not less than 1 per 5,000 square feet of gross floor area
	13	1 per 200 square feet of gross floor area
	14	1 per 200 square feet of gross floor area
	15	1 per 200 square feet of gross floor area
	16	1 for every two employees on the maximum shift
	17.1, 17.2, 17.4	1 per 200 square feet of gross floor area
	17.3	1 per 100 square feet of gross floor area
	18	1 per 200 square feet of gross floor area
	21	1 per 1,000 square feet of area used for storage, display, or sales
	22	1 per 100 square feet of gross floor area
	23	1 per 200 square feet of gross floor area
	24	1 per 200 square feet of gross floor area
	25	The number of spaces equal to the use which the temporary use is replacing
	26	1 per 200 square feet of gross floor area
	28.1	1 per campsite, plus 1 for every two employees on the maximum shift
	28.2	1 space per camp site.

Where the above calculations result in fractions of a space, the required number of spaces is the next higher whole number.

Additional requirements in the Shoreland District.

[Amended 3-28-2009 ATM by Art. 21]

(1)

(2)

(3)

Parking spaces for a vehicle and boat trailer shall be 40 feet long.

§ 160-99 Preservation of landscape (applies only to commercial and industrial uses).

§ 160-100 Refuse disposal (applies only to commercial and industrial uses).

§ 160-101 Building design and relation of proposed building to environment (applies only to commercial and industrial uses).

[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]

Reconstruction of, or additions to, existing buildings.

(1)

(2)

(1)

Any new building shall have a gable, hip, saltbox or mansard roof.

(2)

The siding on new buildings shall be wooden clapboard or wooden shingles, or modern materials which duplicate these in shape, texture and appearance.

(3)

Solar access must also be considered.

§ 160-102 Sanitary standards.

[Amended 3-28-2009 ATM by Art. 21]

	A.	All subsurface sewage disposal systems must be located in areas of suitable soil at least 1,000 square feet in size.
	B.	Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland.
	C.	A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
	D.	The minimum setback for new subsurface sewage disposal facilities, excluding fill extensions, shall be at least 100 horizontal feet from the normal high-water mark of a perennial water body, as defined by the Maine Subsurface Wastewater Disposal Rules. This requirement may not be reduced by variance.
	The following general standards apply to all Zones:
	A.	The approval of a building permit application is subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for wastewater disposal.
	B.	When two or more lots or buildings in different ownership share a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.
	C.	The disposal of industrial or commercial wastewaters by means of subsurface wastewater treatment systems must comply with the laws of the State of Maine concerning water pollution.

§ 160-102.1 Additional sanitary standards.

[Added 3-17-2001 ATM by Art. 24]

§ 160-103 Landscaped buffer areas and screening (applies only to commercial and industrial uses).

[Amended 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

Landscaped buffer areas. The following standards shall apply to new nonresidential buildings on existing or new streets in the Village and Commercial Districts:

Screening options include the following:

(a)

Use of a fence as a visual barrier.

(b)

Evergreen plantings of sufficient height.

(c)

Earthen berm.

(d)

Any combination of the above.

(2)

A waiver may be granted if topographical conditions exist to adequately screen the operation.

§ 160-104 Signs.

[Amended 3-11-1995 ATM by Art. 18; 5-11-1998 STM by Art. 4; 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]

General.

(1)

All signs must comply with these requirements unless there is a specific exception in Subsection E, below.

(2)

(3)

(4)

The owner of the land upon which a sign is located is responsible for its safe construction, installation, and maintenance.

(5)

[1]

Editor's Note: See Ch. 142, Signs.

(6)

No roof-mounted signs are permitted.

Signs allowed without a permit include:

(1)

Signs erected by the State of Maine or the Town of Alfred, within street rights-of-way or on other public properties, to direct traffic, indicate parking rules, or offer directions.

(2)

(3)

Rental vacancy signs for residential properties, which are no larger than three square feet in total surface area. One sign per property is permitted, and may be displayed only while vacancies exist.

(4)

[Amended 3-9-2007 ATM by Art. 25; 3-29-2013 ATM by Art. 23]

(5)

[Amended 3-27-2010 ATM by Art. 20; 3-31-2012 ATM by Art. 22]

(6)

Signs which post land with respect to allowing or not allowing trespassing and/or hunting, not to exceed three square feet.

(7)

Signs erected for public safety and welfare by the Town, county, or other public agencies.

(8)

(9)

[Amended 3-31-2012 ATM by Art. 22]

Signs which may be authorized by the Code Enforcement Officer.

(1)

[Amended 2-6-2019 STM by Art. 2]

(2)

Educational and religious uses may display one sign for each building not exceeding 32 square feet in total surface area per sign.

(3)

(4)

Commercial signs related to goods or services available on the premises.

(a)

Commercial wall signs shall meet the following standards:

[1]

A commercial wall sign or wall signs shall be mounted flat against the building surface.

Commercial freestanding signs and perpendicularly mounted building signs shall meet the following standards:

[1]

Commercial signs that are mounted perpendicular to a building face, or that are freestanding, may not exceed 32 square feet in sign area.

[2]

Both sides of freestanding or perpendicularly mounted building signs are counted in calculating the sign area.

[3]

Brackets, posts, or other means of support for them must be designed to be as inconspicuous as possible.

[4]

In reviewing sign designs, the Board or Code Enforcement Officer may include oversize support systems as part of the sign area.

[5]

Each commercial building shall be limited to one freestanding sign, except that:

[a]

Where one occupant occupies more than one building per lot or combination of lots mutually adjoining and in common ownership, only one freestanding sign is permitted.

[b]

Two freestanding signs are permitted on a corner lot, with one facing each right-of-way, provided that:

[i]

Both signs are no less than 40 feet from the right-of-way corner; and

[ii]

The corner lot has at least the minimum required lot frontage for the district in which it is located, along each right-of-way.

[6]

[7]

(c)

Notwithstanding any of the size requirements above, no sign within the Shoreland Zone may have a sign area exceeding six square feet.

(d)

[Added 2-6-2019 STM by Art. 2]

Illumination of signs.

(1)

No sign may be illuminated with flashing, moving, or animated-type lights.

(2)

Externally illuminated signs may be illuminated with white lights only.

(3)

Internally illuminated signs are permitted, and may have graphics or text in any color.

(4)

Exceptions. The following types of signs are exempted from the regulations in Subsections B through D above:

(1)

Flags and insignia of any government and "OPEN" flags, with maximum dimensions of three feet by five feet.

(2)

Legal notice, identification, information, or directional signs erected or required by government bodies.

(3)

Little League sponsorship signs located on municipal recreational facilities. Said signs shall adhere to the following specifications:

(a)

Maximum size of each sign not to exceed four feet by eight feet.

(b)

Signs will be painted green on both the front and back, with lettering only on the side facing the inside of the baseball field.

(c)

Signs may only be hung on the Little League outfield fence between the foul posts.

(d)

Signs must be kept in good repair by the Little League organization.

(e)

Signs may hang only between May 1 and Labor Day.

Restoration or replacement.

(1)

This chapter allows the normal upkeep and maintenance of existing nonconforming signs and repairs, renovations, and maintenance which does not involve enlargement of existing nonconforming signs.

(2)

§ 160-105 Soils and soil erosion control.

[Amended 3-28-2009 ATM by Art. 21]

Soil erosion control.

	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. 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.

	Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by the following erosion control management practices:

(1)

(2)

In addition:

(a)

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

(b)

Anchoring the mulch with netting, peg and twine, or other suitable method may be required to maintain the mulch cover and shall be used on slopes of 2:1 or greater.

(c)

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

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.

§ 160-106 Solar consideration.

Solar energy systems in the Shoreland District are subject to design approval by the Planning Board to ensure the systems are visually compatible with adjacent land uses.

Lot coverage requirements of this chapter do not apply to solar energy systems.

§ 160-107 Stormwater runoff.

[Amended 10-25-2005 STM by Art. 10]

[Amended 3-28-2009 ATM by Art. 21]

Special standards for activities in the Fort Ridge Road Drainage Overlay District.

(1)

(2)

[Amended 10-9-2007 STM by Art. 6]

§ 160-108 Streets and roads.

New lots within a subdivision must front on a street.

[Amended 3-17-2001 ATM by Art. 23]

Driveways and rights-of-way serving lots without frontage on a street and not in a subdivision must meet the following requirements:

[Amended 3-17-2001 ATM by Art. 23]

(1)

The right-of-way must be at least 30 feet wide at all points.

(2)

(3)

The driveway width must be 12 feet for one- or two-dwelling units and two feet wider for each additional dwelling unit, up to a width of 20 feet.

Streets.

[Added 3-17-2001 ATM by Art. 23]

(1)

(a)

To protect the health, safety, convenience, and welfare of the Town's inhabitants;

(b)

To complement and enhance the goals and polices of the Town Comprehensive Plan;

(c)

To provide safe and convenient pedestrian circulation;

(d)

To provide safe and convenient vehicular access and circulation;

(e)

To minimize long-term street maintenance and repair costs; and

(f)

To minimize the creation of impervious surface in order to limit the impact of runoff on the Town's water resources.

(g)

To assure that new streets are constructed in a manner that meets or exceeds the construction standards in Article XII, § 148-47B of the Chapter 148, Subdivision of Land.

(2)

The classification of an existing or proposed street shall be made by the Planning Board based on the estimated ADT. (One single-family home = 10 ADT.) The street classifications are:

U.S. Route 202;

Maine Route 4;

Maine Route 111.

Collector street: a street with average daily traffic of over 250 vehicles per day, or a street serving as a feeder to an arterial and as a collector of traffic from minor streets.

(c)

(d)

Local street: a minor residential street servicing no more than five residential lots/dwelling units. An unpaved local street shall not be eligible for Town services or for acceptance as a Town way.

(e)

Commercial/industrial street: a street servicing commercial and/or industrial land uses.

(3)

Variances and waivers.

The required thickness of pavement shall not be reduced, and

[c]

[2]

In granting such waivers, the Board of Selectmen shall require such conditions, as will, in its judgment secure the objectives of § 160-108C(l) of this chapter and of the requirement(s) so waived.

Roads and driveways constructed within the Shoreland Zone. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

[Amended 3-28-2009 ATM by Art. 21]

(1)

	On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%.

	This subsection does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, nor to facilities located nearer to the shoreline due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this subsection except for that portion of the road or driveway necessary for direct access to the structure.

(2)

An existing public street may be expanded within the legal street right-of-way regardless of its setback from a water body, tributary stream or wetland.

(3)

(4)

(5)

Road and driveway grades shall be no greater than 10% except for short segments of less than 200 feet.

(6)

(7)

(a)

Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:

	Road Grade (percent)	Spacing (feet)
	0-2	250
	3-5	200-135
	6-10	100-80
	11-15	80-60
	16-20	60-45
	21 plus	40

(b)

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

(c)

(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.

(8)

§ 160-108.1 Procedures for acceptance of proposed Town ways.

[Added 3-17-2001 ATM by Art. 23]

General. All streets which are laid out or proposed for Town acceptance shall be in accordance with Maine law and the provisions of this chapter as follows:

[Amended 3-9-2007 ATM by Art. 25]

Application procedure for street acceptance.

(1)

All petitions for street acceptance shall be accompanied by an application which includes the following information:

(a)

Petitioner's name, address, phone, signature and date.

(b)

Names of the owner(s) of record of the land upon which the proposed Town way is located, including any proposed easements proposed as part of the petition to the Town.

(c)

A copy of the most recently recorded deeds for the land that is the proposed street.

(d)

A statement of any legal encumbrances on the land upon which the proposed Town way is located.

Date that street construction was completed, including the dates that the base course and surface course of pavement were installed.

(2)

(3)

§ 160-109 Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 3-28-2009 ATM by Art. 21]

(1)

(2)

Distribution.

(a)

	Diameter of Trees at 4 1/2 Feet Above Ground Level (inches)	Points
	2 to less than 4	1
	4 to less than 8	2
	8 to less than 12	4
	12 or greater	8

(b)

NOTE:	As an example, adjacent to a great pond, if a twenty-five-foot x fifty-foot plot contains four trees between two and four inches in diameter, two trees between four and eight inches in diameter, three trees between eight and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

	(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points

	Thus, the twenty-five-foot by fifty-foot plot contains trees worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed from the plot provided that no cleared openings are created.

The following shall govern in applying this point system:

	(i)	The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

	(ii)	Each successive plot must be adjacent to, but not overlap a previous plot;

	(iii)	Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this ordinance;

	(iv)	Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this ordinance;

	(v)	Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this subsection "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

(c)

Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten-year period.

(3)

(4)

Pruning of tree branches, on the bottom 1/3 of the tree is allowed.

(5)

[Amended 3-26-2016 ATM by Art. 22]

Cleared openings legally in existence may be maintained, but shall not be enlarged, except as allowed by this chapter.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

§ 160-109.1 Hazard trees, storm-damaged trees, and dead tree removal.

[Added 3-26-2016 ATM by Art. 22]

Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(1)

(a)

The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

(b)

Stumps from the storm-damaged trees may not be removed;

(c)

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

(d)

(2)

§ 160-109.2 Exemptions to clearing and vegetation removal requirements.

[Added 3-26-2016 ATM by Art. 22]

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 160-88 are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 160-117 are complied with;

The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:

(1)

(2)

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

(3)

§ 160-109.3 Revegetation requirements.

[Added 3-26-2016 ATM by Art. 22]

Revegetation activities must meet the following requirements for trees and saplings:

(1)

All trees and saplings removed must be replaced with native noninvasive species;

(2)

Replacement vegetation must at a minimum consist of saplings;

(3)

If more than three trees or saplings are planted, then at least three different species shall be used;

(4)

No one species shall make up 50% or more of the number of trees and saplings planted;

(5)

(6)

A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

(1)

(2)

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

(3)

No one species shall make up 50% or more of the number of planted woody vegetation plants; and

(4)

Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

(1)

(2)

(3)

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five years.

§ 160-110 Water quality protection.

[Amended 3-11-1995 ATM by Art. 18; 3-29-2005 STM by Art. 2; 3-28-2009 ATM by Art. 21]

The following additional standards shall apply to any activities or land uses within the Wellhead Protection Districts 1, 2 and 3:

(1)

Any nitrates discharged from the subsurface wastewater system shall be diluted to a maximum level of five mg per liter upon reaching the property line

(2)

No new residential septic systems shall be installed with a capacity of over 450 gallons per day, as defined by the Maine Subsurface Wastewater Disposal Rules.

(3)

Underground storage tanks, other than septic tanks, shall be prohibited.

(4)

Outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be prohibited.

(5)

Indoor storage of fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be stored on impervious working surfaces, without floor drains.

(6)

(7)

Tanks for liquid storage shall be equipped with automatic shutoffs and high level alarms.

(8)

All containers and tanks shall be clearly labeled with the name of the chemical or liquid, and date of purchase or generation.

(9)

All containers, tanks, and piping shall be secure and resistant to corrosion.

(10)

§ 160-111 Water supply.

§ 160-111.1 Impact on critical natural areas.

[Added 3-11-1995 ATM by Art. 18]

§ 160-111.2 Community impact analysis.

[Added 3-17-2001 ATM by Art. 24; amended 3-9-2007 ATM by Art. 25]

The Planning Board may require the applicant for a subdivision or any other use in the Land Use Table requiring Planning Board approval, to submit a community impact analysis which will consist of the following elements:
	a.	Projected demographic impacts. For subdivision projects, the analysis must identify the demographic market the project intends to serve, including:
		(1)	Average family size;
		(2)	Number and ages of children;
		(3)	Anticipated time period to fill all units or lots;
		(4)	Estimated impact on the school system; and
		(5)	Estimated impact on the Town's recreation resources and programs.
		Associated data, such as anticipated projected housing costs may also be presented to support projections associated with the above demographic description.
	b.	Community impacts. For subdivisions and all other projects, the applicant shall conduct analyses of the following:
		(1)	Estimated impact on public safety providers;
		(2)	Estimated impact on the Town's public works functions, including solid waste disposal.
In the case of subdivision applications, the Planning Board shall utilize this information for dividing the project into phases pursuant to § 148-46. In cases of applications for other land uses, the Planning Board shall transmit the community impact analysis to the Selectmen for use in capital or operating budget preparation.

§ 160-112 Other regulations apply.

The applicant is responsible for complying with all applicable local, county, state, and federal laws and regulations.