(a)

Certain areas of the city are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968. Therefore, the city has chosen to become a participating community in the national flood insurance program, and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this division. It is the intent of the city to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.

(b)

The city has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 30-A M.R.S.A. §§ 3001—3007, 4352, 4401—4407, and Title 38 M.R.S.A., §§ 440.

(c)

The national flood insurance program, established in the aforesaid act, provides that areas of the city having a special flood hazard be identified by the federal emergency management agency and that floodplain management measures be applied in such flood hazard areas. This division establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the city.

(d)

The areas of special flood hazard, Zones A and AE for the city, identified by the federal emergency management agency in a report entitled "Flood Insurance Study - Androscoggin County, Maine" dated July 8, 2013 with accompanying "Flood Insurance Rate Map" dated July 8, 2013 with panels: 183E, 184E, 191E, 192E, 193E, 194E, 203E, 211E, 212E, 213E, 214E, 302E, 304E, 306E, 307E, 308E, 309E, 312E, 316E, 317E, 320E, 326E, 327E, 328E, 329E, 336E, 337E, 338E, 339E, 341E, 343E, 430E, derived from the county wide digital Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map, Androscoggin County, Maine" are hereby adopted by reference and declared to be a part of this division.

(Ord. No. 09-06172013, 7-1-2013; Ord. No. 11-03012021, § 79, 3-15-2021)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a small detached structure that is incidental and subordinate to the principal structure.

Adjacent grade means the natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Area of special flood hazard means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in section 60-892 of this division.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, commonly called the 100-year flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See "structure."

Certificate of compliance. A document signed by the code enforcement officer stating that a structure is in compliance with all of the provisions of this division.

Code enforcement officer. A person certified under Title 30-A MRSA, Section 4451 (including exceptions in subsection 4451, paragraph 1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

Elevated building means a non-basement building.

(1)

Built, in the case of a building in Zones A or AE, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, post, piers, or "stilts"; and

(2)

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.

In the case of Zones A or AE, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of flood waters, as required in Section 60-897.L.

Elevation certificate. An official form (FEMA Form 81-31) that:

(1)

Is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and

(2)

Is required for purchasing flood insurance.

Flood or flooding means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Flood insurance study. See flood elevation study.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see flooding).

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.

Floodway. See "regulatory floodway."

Floodway encroachment lines mean the lines marking the limits of floodways on federal, state, and local floodplain maps.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Historic Structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

Locally established datum means, for purposes of this ordinance, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in section 60-897(l) of this division.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Minor development means all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50 percent of the market value of the structure. It also includes, but is not limited to: accessory structures as provided for in section 60-897(j), mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

National Geodetic Vertical Datum (NGVD) means the national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called 1929 Mean Sea Level (MSL)."

New construction means structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

North American Vertical Datum (NAVD) means the national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new flood insurance rate maps. NAVD is based upon vertical datum used by other North American countries such as Canada and Mexico and was established to replace NGVD because of constant movement of the earths crust, glacial rebound, and subsidence and the increasing use of satellite technology.

100-year flood. See "Base flood."

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection, not including slideouts;

(3)

Designed to be self-propelled or permanently towable by a motor vehicle; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway.

(1)

Means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot; and

(2)

When not designated on the community's flood insurance rate map, it is considered to be the channel of a river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high water mark to the upland limit of the floodplain.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special flood hazard area. See "Area of special flood hazard."

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, or modification of any construction element, whether or not that alteration affects the external dimensions of the building.

Structure means, for floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.

Substantial damage means, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure, and a variance is obtained from the community's board of appeals.

Variance means a grant of relief by a community from the terms of a floodplain management regulation.

Violation means the failure of a structure or development to comply with a community's floodplain management regulations.

(Ord. No. 09-06172013, 7-1-2013)

Before any construction or other development (as defined in Section 60-904), including the placement of manufactured homes, begins within any areas of special flood hazard established in section 60-892, a flood hazard development permit shall be obtained from the planning and development department. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the city.

(Ord. No. 09-06172013, 7-1-2013)

The application for a flood hazard development permit shall be submitted to the planning and development department and shall include:

(a)

The name, address and phone number of the applicant, owner, and contractor;

(b)

An address and a map indicating the location of the construction site;

(c)

A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;

(d)

A statement of the intended use of the structure and/or development;

(e)

A statement of the cost of the development including all materials and labor;

(f)

A statement as to the type of sewage system proposed;

(g)

Specification of dimensions of the proposed structure and/or development;

[Items (h)—(k)(2) apply only to new construction and substantial improvements.]

(h)

The elevation in relation to the National Geodetic Vertical Datum (NGVD), North AmericanVertical Datum (NAVD) or to a locally established datum in Zone A only, of the:

(1)

Base flood at the proposed site of all new or substantially improved structures, which is determined:

a.

In Zones AE, from data contained in the "Flood Insurance Study - Androscoggin County, Maine" as described in section 60-892; or

b.

In Zone A:

1.

From any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model, FEMA 265), including information obtained pursuant to Section 60-897(k) and 60-899(d);

2.

From the contour elevation extrapolated from a best fit analysis of the floodplain boundary when overlaid onto a USGS Quadrangle Map or other topographic map prepared by a Professional Land Surveyor or registered professional engineer, if the floodplain boundary has a significant correlation to the elevation contour line(s); or, in the absence of all other data;

3.

To be the elevation of the ground at the intersection of the floodplain boundary and a line perpendicular to the shoreline which passes along the ground through the site of the proposed building.

(2)

Highest and lowest grades at the site adjacent to the walls of the proposed building;

(3)

Lowest floor, including basement; and whether or not such structures contain a basement; and

(4)

Level, in the case of non-residential structures only, to which the structure will be floodproofed;

(i)

A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in section 60-897;

(j)

A written certification by a professional land surveyor, registered professional engineer or architect, that the base flood elevation and grade elevations shown on the application are accurate;

(k)

The following certifications as required in section 60-897 by a registered professional engineer or architect:

(1)

A floodproofing certificate (FEMA Form 81-65), to verify that the floodproofing methods for any non-residential structures will meet the floodproofing criteria of section 60-894(h)(4), section 60-897(g) and other applicable standards in section 60-897;

(2)

A hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of section 60-897(l)(2)a.;

(3)

A certified statement that bridges will meet the standards of section 60-897(m);

(4)

A certified statement that containment walls will meet the standards of section 60-897(n);

(l)

A description of the extent to which any water course will be altered or relocated as a result of the proposed development; and

(m)

A statement of construction plans describing in detail how each applicable development standard in section 60-897 will be met.

(Ord. No. 09-06172013, 7-1-2013)

A non-refundable application fee of $50.00 for all minor development and $100.00 for all new construction or substantial improvements shall be paid to the city.

An additional fee may be charged if the planning and development department and/or board of appeals needs the assistance of a professional engineer or other expert. The expert's fee shall be paid in full by the applicant within ten days after the town submits a bill to the applicant. Failure to pay the bill shall constitute a violation of the ordinance and be grounds for the issuance of a stop work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring in writing or been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the board of appeals.

(Ord. No. 09-06172013, 7-1-2013)

The planning and development department shall:

(a)

Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of section 60-897 (Development standards) have been, or will be met;

(b)

Utilize, in the review of all flood hazard development permit applications:

(1)

The base flood and floodway data contained in the "Flood Insurance Study - Androscoggin County, Maine" as described in section 60-892;

(2)

In special flood hazard areas where base flood elevation and floodway data are not provided, the code enforcement officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to section 60-894(h)(1)b., section 60-897(k); and section 60-899(d), in order to administer section 60-897 of this division; and,

(3)

When the community establishes a base flood elevation in a Zone A by methods outlined in section 60-894(h)(1)b., the community shall submit that data to the Maine Floodplain Management Program.

(c)

Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in section 60-892 of this division;

(d)

In the review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33U.S.C. 1344;

(e)

Notify adjacent municipalities, the department of environmental protection, and the state floodplain management program prior to any alteration or relocation of a water course and submit copies of such notifications to the federal emergency management agency;

(f)

If the application satisfies the requirements of this division, approve the issuance of one of the following flood hazard development permits based on the type of development:

(1)

A two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the code enforcement officer with an elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction, "as built," for verifying compliance with the elevation requirements of section 60-897, paragraphs (f), (g), or (h). Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the code enforcement officer shall issue part ii of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or

(2)

A flood hazard development permit for floodproofing of non-residential structures that are new construction or substantially improved non-residential structures that are not being elevated but that meet the floodproofing standards of section 60-897(g)(1)a.,b., and c. The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or

(3)

A flood hazard development permit for minor development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50 percent of the market value of the structure. Minor development also includes, but is not limited to: accessory structures as provided for in section 60-897(j), mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.

(g)

Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the board of appeals on variances granted under the provisions of section 60-900 of this division, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of section 60-894, 60-897 and 60-898 of this division.

(Ord. No. 09-06172013, 7-1-2013)

All developments in areas of special flood hazard shall meet the following applicable standards:

(a)

All development. All development shall:

(1)

Be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

Use construction materials that are resistant to flood damage;

(3)

Use construction methods and practices that will minimize flood damage; and

(4)

Use electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding conditions.

(b)

Water supply. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

(c)

Sanitary sewage systems. All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

(d)

On site waste disposal systems. On site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.

(e)

Watercourse carrying capacity. All development associated with altered or relocated portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.

(f)

Residential. New construction or substantial improvement of any residential structure located within:

(1)

Zones AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

(2)

Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to section 60-894(h)(1)b.; section 60-896(b); or section 60-899(d).

(g)

Non-residential. New construction or substantial improvement of any non-residential structure located within:

(1)

Zones AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:

a.

Be floodproofed to at least one foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the floodproofing design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by section 60-894(k) and shall include a record of the elevation above mean sea level to which the structure is floodproofed.

(2)

Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to section 60-894(h)(1)b., section 60-896(b) or section 60-899(d); or

a.

Together with attendant utility and sanitary facilities meet the floodproofing standards of section 60-897(g)(1).

(h)

Manufactured homes. New or substantially improved manufactured homes located within:

(1)

Zones AE shall:

a.

Be elevated such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation;

b.

Be on a permanent foundation, which may be poured masonry slab or foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support the manufactured home so that no weight is supported by its wheels and axles; and

c.

Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to:

1.

Over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by,

2.

Frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).

3.

All components of the anchoring system described in section 60-897(h)(1)c.1. and 2. shall be capable of carrying a force of 4,800 pounds.

(2)

Zone A shall:

a.

Be elevated on a permanent foundation, as described in section 60-897(h)(1)b., such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to section 60-894(h)(1)b., section 60-896(b), or section 60-899(d); and

b.

Meet the anchoring requirements of section 60-897(h)(1)c.

(i)

Recreational vehicles. Recreational vehicles located within:

(1)

Zones A and AE shall either:

a.

Be on the site for fewer than 180 consecutive days,

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in section 60-897(h)(1).

(j)

Accessory structures. Accessory structures, as defined in section 60-904, located within Zones A and AE, shall be exempt from the elevation criteria required in section 60-897(f) and (g) above, if all other requirements of Section 60-897 and all the following requirements are met. Accessory structures shall:

(1)

Be 500 square feet or less and have a value less than $3,000.00;

(2)

Have unfinished interiors and not be used for human habitation;

(3)

Have hydraulic openings, as specified in section 60-897(l)(2), in at least two different walls of the accessory structure;

(4)

Be located outside the floodway;

(5)

When possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and

(6)

Have only ground fault interrupt electrical outlets. The electric service disconnect shall be located above the base flood elevation and when possible outside the special flood hazard area.

(k)

Floodways.

(1)

In Zone AE riverine areas, encroachments, including fill, new construction, substantial improvement, and other development shall not be permitted within a regulatory floodway which is designated on the community's flood insurance rate map, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2)

In Zones A and AE riverine areas for which no regulatory floodway is designated, encroachments, including fill, new construction, substantial improvement, and other development shall not be permitted in the floodway as determined in section 60-897(k)(3) unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:

a.

Will not increase the water surface elevation of the base flood more than one foot at any point within the community; and

b.

Is consistent with the technical criteria contained in Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study - Guidelines and Specifications for Study Contractors, (FEMA 37).

(3)

In Zones A and AE riverine areas for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water mark to the upland limit of the floodplain.

(l)

Enclosed areas below the lowest floor. New construction or substantial improvement of any structure in Zones A and AE that meets the development standards of section 60-897, including the elevation requirements of section 60-897, paragraphs (f), (g), or (h) and is elevated on posts, columns, piers, piles, "stilts," or crawlspaces may be enclosed below the base flood elevation requirements provided all the following criteria are met or exceeded:

(1)

Enclosed areas are not "basements" as defined in section 60-904;

(2)

Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must either:

a.

Be engineered and certified by a registered professional engineer or architect; or

b.

Meet or exceed the following minimum criteria:

1.

A minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area;

2.

The bottom of all openings shall be below the base flood elevation and no higher than one foot above the lowest grade; and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the entry and exit of flood waters automatically without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means;

(3)

The enclosed area shall not be used for human habitation; and

(4)

The enclosed areas are usable solely for building access, parking of vehicles, or storage.

(m)

Bridges - New construction or substantial improvement of any bridge in Zones A and AE shall be designed such that:

(1)

When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and

(2)

A registered professional engineer shall certify that:

a.

The structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of section 60-897(k); and

b.

The foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.

(n)

Containment walls. New construction or substantial improvement of any containment wall located within:

(1)

Zones A and AE shall:

a.

Have the containment wall elevated to at least one foot above the base flood elevation;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by section 60-894(k).

(o)

Wharves, piers and docks. New construction or substantial improvement of wharves, piers, and docks are permitted in Zones A and AE, in and over water and seaward of mean high tide, if the following requirements are met:

(1)

Wharves, piers, and docks shall comply with all applicable local, state, and federal regulations; and

(2)

For commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.

(Ord. No. 09-06172013, 7-1-2013)

No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a certificate of compliance is issued by the planning and development department subject to the following provisions:

(a)

For new construction or substantial improvement of any elevated structure the applicant shall submit to the planning and development department an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with section 60-897, paragraphs (f), (g), or (h).

(b)

The applicant shall submit written notification to the planning and development department that the development is complete and complies with the provisions of this division.

(c)

Within ten working days, the planning and development department shall:

(1)

Review the elevation certificate and the applicant's written notification; and

(2)

Upon determination that the development conforms with the provisions of this division, shall issue a certificate of compliance.

(Ord. No. 09-06172013, 7-1-2013)

The planning board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law or local ordinances or regulations and all projects on five or more disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:

(a)

All such proposals are consistent with the need to minimize flood damage.

(b)

All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages.

(c)

Adequate drainage is provided so as to reduce exposure to flood hazards.

(d)

All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway data. These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.

(e)

Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area, are to be constructed in accordance with section 60-897 of this division. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the planning board or local reviewing authority as part of the approval process.

(Ord. No. 09-06172013, 7-1-2013)

The board of appeals of the City of Auburn may, upon written application of an aggrieved party, hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the code enforcement officer or planning board in the administration or enforcement of the provisions of this division.

The board of appeals may grant a variance from the requirements of this division consistent with state law and the following criteria:

(a)

Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(b)

Variances shall be granted only upon:

(1)

A showing of good and sufficient cause; and

(2)

A determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense, or create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances; and

(3)

A showing that the issuance of the variance will not conflict with other state, federal or local laws or ordinances; and

(4)

A determination that failure to grant the variance would result in "undue hardship," which in this sub-section means:

a.

That the land in question cannot yield a reasonable return unless a variance is granted; and

b.

That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and

c.

That the granting of a variance will not alter the essential character of the locality; and

d.

That the hardship is not the result of action taken by the applicant or a prior owner.

(c)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and the board of appeals may impose such conditions to a variance as it deems necessary.

(d)

Variances may be issued for new construction, substantial improvements, or other development for the conduct of a functionally dependent use provided that:

(1)

Other criteria of section 60-900 and section 60-897(k) are met; and

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(e)

Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of historic structures upon the determination that:

(1)

The development meets the criteria of section 60-900, paragraphs (a) through (d) above; and

(2)

The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(f)

Any applicant who meets the criteria of section 60-900, paragraphs (a) through (e) shall be notified by the board of appeals in writing over the signature of the chairman of the board of appeals that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in greatly increased premium rates for flood insurance up to amounts as high as $25.00 per $100.00 of insurance coverage;

(2)

Such construction below the base flood level increases risks to life and property; and

(3)

The applicant agrees in writing that the applicant is fully aware of all the risks inherent in the use of land subject to flooding, assumes those risks and agrees to indemnify and defend the municipality against any claims filed against it that are related to the applicant's decision to use land located in a floodplain and that the applicant individually releases the municipality from any claims the applicant may have against the municipality that are related to the use of land located in a floodplain.

(g)

Appeal procedure for administrative and variance appeals.

(1)

An administrative or variance appeal may be taken to the board of appeals by an aggrieved party within thirty days after receipt of a written decision of the code enforcement officer or planning board.

(2)

Upon being notified of an appeal, the code enforcement officer or planning board, as appropriate, shall transmit to the board of appeals all of the papers constituting the record of the decision appealed from.

(3)

The board of appeals shall hold a public hearing on the appeal within 35 days of its receipt of an appeal request.

(4)

The person filing the appeal shall have the burden of proof.

(5)

The board of appeals shall decide all appeals within 35 days after the close of the hearing, and shall issue a written decision on all appeals.

(6)

The board of appeals shall submit to the planning and development department and code enforcement officer a report of all variance actions, including justification for the granting of the variance and an authorization for the planning and development department to issue a flood hazard development permit, which includes any conditions to be attached to said permit.

(7)

Any aggrieved party who participated as a party during the proceedings before the board of appeals may take an appeal to superior court in accordance with state laws within forty-five days from the date of any decision of the board of appeals.

(Ord. No. 09-06172013, 7-1-2013)

(a)

It shall be the duty of the code enforcement officer to enforce the provisions of this division pursuant to Title 30-A MRSA § 4452.

(b)

The penalties contained in Title 30-A MRSA § 4452 shall apply to any violation of this division.

(c)

In addition to any other actions, the code enforcement officer, upon determination that a violation exists, may submit a declaration to the Administrator of the Federal Insurance Administration requesting a denial of flood insurance. The valid declaration shall consist of;

(1)

The name of the property owner and address or legal description of the property sufficient to confirm its identity or location;

(2)

A clear and unequivocal declaration that the property is in violation of a cited State or local law, regulation, or ordinance;

(3)

A clear statement that the public body making the declaration has authority to do so and a citation to that authority;

(4)

Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and

(5)

A clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

(Ord. No. 09-06172013, 7-1-2013)

The ordinance from which this division derives repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

(Ord. No. 09-06172013, 7-1-2013)

(a)

The Taylor Pond Overlay District is intended to address both the present and future special circumstance of the land uses surrounding Taylor Pond. In the past, improper land use development, caused by the allowance of seasonal and year round living within the same area, the creation of smaller sized lots, the erection of summer camps without compliance with a building code, the placement of such camps on these small lots in close proximity to each other, the use of cesspools, holding tanks, outhouses and septic tank systems installed under the old percolation test for residential waste disposal, the granting of right-of-way easements for private roads without defined widths, and the long continued use of these roads has resulted in pollution of the pond and present land use problems surrounding the pond. With the installation of public sewers, it is the intention of the city to ensure that the improper land use development that has taken place in the past will not continue into the future, while recognizing that it is impractical to attempt to correct all of the past development mistakes. To ensure that public investment in the cleaning up of Taylor Pond is protected, and that where practical, past land use practices are not continued, it is the policy of the city to guide the growth of the land uses surrounding Taylor Pond through regulations which allow for the conversion of summer camps and the erection of new dwellings on private roads provided such buildings are connected to a public sewer and that the applicable city codes are complied with.

(b)

In permitting the conversion of summer camps and the erection of new dwellings on unaccepted private roads, it is recognized by the city that these persons who wish to live at Taylor Pond on a year round basis assume certain responsibilities for maintaining and plowing their access road and realize that because such access roads are not constructed to city street standards, the travel of personal, service and maintenance vehicles over such access roads can be hindered. Nothing herein contained shall be construed as requiring additional city services to properties on unaccepted private roads not already receiving those services.

(Ord. of 9-21-2009, § 5.2A; Ord. No. 11-03012021, § 80, 3-15-2021)

The Taylor Pond Overlay District includes that limited area of the city which is 250 feet horizontal from the high-water mark of Taylor Pond plus the south easterly portion of Taylor Pond as delineated on an overlay map on file in the office of the department of community development and planning, the city clerk and the Androscoggin Country Registry of Deeds. Undersized lots which are divided by the overlay zone shall be subject to the provisions of the overlay zone. In addition, adjacent undersized lots shall also be subject to the provisions of the overlay zone.

(Ord. of 9-21-2009, § 5.2B)

(a)

Permitted uses.

(1)

Uses permitted in the underlying zoning district.

(2)

Conversion of summer camps into year round single-family dwellings.

(3)

One-family detached dwelling.

(4)

Existing private, commercial and public water-related recreational uses.

(5)

Existing summer camps.

(b)

Standards for the conversion of summer camps into year round dwellings and for the erection of new dwellings.

(1)

Connecting to public sewer is required.

(2)

Compliance with the city zoning chapter, building code, housing code, electrical code, life safety code, plumbing code for construction, enlargements, extensions, additions, alterations, or change in use or occupancy of building and structure is required.

(3)

A summer camp which is proposed to be converted to year round use shall have, if one story, 600 square feet of area; if 1½ story, not less than 600 square feet on the first floor and not less than 200 square feet above the first floor; if two story, not less than 600 square feet on each floor.

(4)

The erection of a new dwelling must meet the rear, side, and front yard setback requirements as contained in regulations for the underlying district and the shoreland overlay district, whichever is greater. The horizontal enlargement, extension or addition to an existing dwelling must meet the rear, side yard setback requirements as contained in regulations for the underlying district and a nonconforming front yard setback from the high-water mark may be extended but in no case shall the setback be reduced to a distance less than what exists. For the purposes of this provision, a nonconforming front yard setback from the high-water mark is considered to be less than the distance permitted by section 60-992(a).

(c)

Nonconforming dwellings and undersized lots.

(1)

A summer camp which was permitted to be occupied as a year round residence pursuant to the city ordinances at the time of occupation and subsequently was occupied as a year round residence prior to October, 1979, is not required to secure a conversion permit as specified in subsection (c)(2) of this section. Such dwelling shall be connected to public sewer. A summer camp which was occupied as a year round residence prior to June 6, 1968 is not required to secure a conversion permit as specified in subsection (c)(2) of this section. Such dwellings shall be connected to public sewer.

(2)

The lot area and lot width requirement of any of the underlying district shall not apply to any lot intended to be used for the erection of a dwelling if such lot was lawfully laid out and duly recorded by plan or deed prior September 14, 1960.

(3)

Adjacent undersized lots, not separated by a private or public road, under one ownership or joint ownership shall be considered as one lot. Adjacent conforming and undersized lot not separated by a private or public road, under one ownership or joint ownership shall be considered as one lot. However, this subsection shall not prevent the division of a lot on which more than one existing dwelling or summer camp is located in two separate lots provided the rear, side and front setback requirements as contained in regulations for the underlying district are met.

(d)

Permit required. No person shall convert a summer camp into year round use without first applying to the department of community development and planning for a permit to do so. A permit for such conversion shall be issued to any person who can establish that the converted building will comply with the requirements of subsection (c) of this section. A processing fee in the amount provided in the city fee schedule shall accompany all requests for conversion permits.

(Ord. of 9-21-2009, § 5.2C; Ord. No. 11-03012021, §§ 43, 44, 3-15-2021)

The Lake Auburn Watershed Overlay District is intended to maintain safe and healthful environmental conditions; prevent and control water pollution; protect spawning ground for fish, aquatic life, bird and other wildlife habitats; control building sites; provide visual and physical points of access to waters and natural beauty; and protect and maintain the present quality and volume of potable water supplied from the Lake Auburn Watershed to the population of the Auburn-Lewiston area.

(Ord. of 9-21-2009, § 5.3A; Ord. No. 28-11202023, 12-4-2023)

(a)

Boundaries. The Lake Auburn Watershed Overlay District is that section of the city in which surface and subsurface waters ultimately flow or drain into Lake Auburn as such section is delineated on a watershed map and survey by the Auburn Water District on file in the office of the Auburn Water District, the city planning, permitting and code department and the city clerk. The Lake Auburn Watershed Overlay District shall be superimposed over underlying zoning districts within the city. Permitted uses in the underlying districts shall continue subject to compliance with the provisions of the Lake Auburn Watershed Overlay District.

(b)

Definitions. For purposes of this division, the following words and terms as used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned.

Agricultural use means the production, growing, cultivation, or harvesting of any agricultural commodity or product or the raising, shearing, feeding, caring for, training, and management of livestock or poultry for commercial or personal use.

Animal unit has the same meaning as in section 60-2.

Building has the same meaning as in section 60-2.

Clearcutting means any cutting of any trees or timber on a forested site that results in a residual basal area of trees over 4½ inches in diameter measured at 4½ feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least three feet in height for softwood trees and five feet in height for hardwood trees that meets the regeneration standards defined under Section 8869, subsection 1 of the Maine Forest Practices Act.

Curtain drain means a trench to intercept laterally moving ground water and divert it away from a septic system disposal field.

Dwelling unit has the same meaning as in section 60-2.

Invasive species means a plant or insect that is not native to a particular ecosystem, and whose introduction does or is likely to cause economic or environmental harm or harm to human health. Invasive species include those plants listed under the Maine Department of Agriculture, Conservation and Forestry's Natural Areas Program as currently invasive, potentially or probably invasive, and highly likely but not currently invasive, as well as those insects listed by the Maine Forest Service as threats to Maine's forests and trees.

Lake Auburn Watershed Protection Commission or LAWPC means the commission formed through an interlocal cooperation agreement between and among the Auburn Water District, City of Lewiston, and the Town of Turner, consisting of three commissioners appointed by the Auburn Water District, three commissioners appointed by the City of Lewiston, one commissioner appointed by the Town of Turner, one commissioner appointed by the Towns of Hebron, Minot and Buckfield, and one commissioner appointed by the Androscoggin Valley Council of Governments.

Livestock has the same meaning as in section 60-2.

Local plumbing inspector means a plumbing inspector or alternate plumbing inspector as defined in section 12-22 of the Auburn City Code.

Natural resource conservation service or NRCS means the U.S. Department of Agriculture, Natural Resources Conservation Service or, in those instances where the NRCS is prohibited by federal law from providing services to the property owner or lessee, an alternative service provider approved by the director of the city planning, permitting, and code department, or their designee.

Normal high-water line and normal high-water mark mean that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.

NWI wetland means any waterbody shown on the U.S. Fish and Wildlife Service National Wetlands Inventory.

Organic fertilizer means fertilizer derived from either plant or animal products that contain nutrients for plant growth. It is acceptable for the materials in these fertilizers to have been subjected to biological degradation processes under normal conditions of aging, rainfall, sun curing, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or any combination of these. In order to qualify as organic fertilizer, the materials in these fertilizers may not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by processing such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting. Organic fertilizers are broken down by and feed the microbial life in the soil.

Pest shall have the same meaning as the term set forth in 40 C.F.R. § 152.5, as the same may be amended from time to time.

Pesticide means any substance, or mixture, or combination of substances intended for preventing, destroying, repelling or mitigating any pest; any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. It does not include multicellular biological controls such as mites, nematodes, parasitic wasps, snails or other biological agents not regulated as pesticides by the U.S. Environmental Protection Agency. Herbicides, fungicides, insecticides and rodenticides are considered pesticides.

Pests of significant public health importance means pests listed by the U.S. Environmental Protection Agency, in conjunction with the U.S. Department of Health and Human Services and the U.S. Department of Agriculture, as pests of significant public health importance.

Poultry means domesticated birds.

Soil horizon means a layer within a soil profile differing from the soil above or below it in one or more soil morphological characteristics. The characteristics of the layer include the color, texture, rock-fragment content, and consistency of each parent soil material.

Soil horizon, limiting or limiting soil horizon means any soil horizon or combination of soil horizons, within the soil profile or any parent material below the soil profile, that limits the ability of the soil to provide treatment or disposal of septic tank effluent. Limiting horizons include bedrock, hydraulically restrictive soil horizons and parent material excessively coarse soil horizons and parent material, and the seasonal groundwater table. Any of these limiting horizons may from time to time be referred to as a "limiting factor."

Soil profile means a vertical cross section of the undisturbed soil showing the characteristic soil horizontal layers or soil horizons that have formed as a result of the combined effects of parent material, topography, climate, biological activity, and time.

Soil filter media means a soil mixture that consists of a loamy sand lower fill layer meeting the following lower fill layer specifications, plus a minimum of six inches of upper fill layer meeting the following upper fill layer specifications.

Soil Filter Media Specifications

Soil test means the comprehensive soil test provided by the Maine Soil Testing Service, or equivalent.

State licensed site evaluator means a person licensed by the Maine Department of Health and Human Services to evaluate soils for the purpose of designing subsurface wastewater disposal systems.

Stream or brook means a channel between defined banks as depicted as a solid or broken blue line on the most recent edition of the U.S. Geological Survey 7.5-minute series topographic map.

Subsurface wastewater disposal system inspector means a person who holds a current certification issued by the Maine Department of Health and Human Services, Division of Environmental and Community Health as a subsurface wastewater disposal system inspector.

Summer dormancy means the period during mid-summer most commonly observed in unirrigated grasses when growth ceases. Dormancy is characterized by brittle texture and a loss of green color.

Synthetic fertilizer means any fertilizer manufactured from one or more synthetic materials containing no animal parts, animal byproducts, manures or renderings.

Tillage or tilled means the reconfiguration of the soil into a desired condition by mechanical means.

Total nitrogen means the sum of all nitrogen forms contained within fertilizer, including water soluble nitrogen forms, slow-release nitrogen forms, and water insoluble nitrogen forms. The percentage of total nitrogen appears as the leftmost number of the grade on fertilizer labels or containers.

Wetland, see NWI wetland.

(Ord. of 9-21-2009, § 5.3B; Ord. No. 28-11202023, 12-4-2023; Ord. No. 13-07012024, 7-15-2024; Ord. No. 21-11182024, 12-2-2024)

(a)

Subsurface wastewater disposal systems.

(1)

Dwelling units in the agriculture and resource protection zoning district. Notwithstanding the provisions of subsections 60-145(a)(1), and 60-146(1)c., new dwelling units are prohibited in that part of the Lake Auburn Watershed Overlay District which overlies the agriculture and resource protection zone. Pursuant to 30-A M.R.S.A. §§ 4364(9), 4364-A(1-A), and 4364-B(1-A), each as may be amended from time to time, the affordable housing density, residential density and accessory dwelling unit provisions of P.L. 2021, ch. 672, "An Act to Implement the Recommendations of the Commission to Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions," and any related state regulations do not apply in the Lake Auburn Watershed Overlay District.

(2)

Private subsurface wastewater disposal systems. Each new building, or any existing building for which there is any addition, alteration, or change of use, each new dwelling unit, or any existing dwelling unit for which there is an addition or alteration thereto that includes the addition of one or more bedrooms, in the Lake Auburn Watershed Overlay District, not served by public sewer, shall, in the development of a private subsurface wastewater disposal system, adhere to the requirements of this section as well as the requirements of the latest version of the Maine Subsurface Wastewater Disposal Rule, 10-144 C.M.R. ch. 241. Notwithstanding any provision of the Maine Subsurface Wastewater Disposal Rule, 10-144 C.M.R. ch. 241, the rule shall be applied regardless of whether the addition or alteration is an initial or subsequent addition or alteration:

a.

Disposal fields are prohibited on sites with less than 12 inches to the limiting soil horizon. In addition to having at least 12 inches to the limiting soil horizon, disposal fields shall have at least 24 inches of suitable natural soil or soil filer media below the bottom of the disposal field, such that there is at least a 36-inch separation between the bottom of the disposal field and the limiting soil horizon. The local plumbing inspector shall require that a state licensed site evaluator affirm that these design requirements are met before the local plumbing inspector finds the design or installation of the system to comply with this section.

b.

New (first use), expanded, or replacement disposal fields shall be set back from the normal high-water mark of any lake, pond, stream, or brook as follows:

1.

Where the daily wastewater flow is, or is reasonably likely to be, 2,000 gallons or less, the system shall be set back at least 400 feet from the normal high-water mark of any lake, pond, stream, or brook.

2.

Where the daily wastewater flow is, or is reasonably likely to be, in excess of 2,000 gallons, the system shall be set back at least 1,000 feet from the normal high-water mark of any lake, pond, stream, or brook.

c.

All new (first use), expanded, or replacement private subsurface wastewater disposal systems shall include one of the two following design elements. The selection of which design element is most appropriate shall be determined by a state licensed site evaluator based upon the evaluation of the groundwater conditions, soils, and slopes present at the site where the system is to be installed.

1.

Curtain drain installed per Section 12(H) of the Maine Subsurface Wastewater Disposal Rules, 10-144 C.M.R. ch. 241 (2023), as may be amended from time to time; or

2.

Diversion ditch, upslope of the disposal field, installed for the disposal field's entire length including fill extensions, and constructed so that the curtain drain or diversion ditch is located to prevent any short circuiting of the disposal field

d.

All new (first use), expanded, or replacement private subsurface wastewater disposal systems shall be installed on the same lot as the building or dwelling unit being served by the system, unless the system can be developed outside of the Lake Auburn Watershed Overlay District or, in the case of an expanded or replacement system, the property owner can demonstrate to the local plumbing inspector that it is physically impossible for the replacement system to be located on the same lot, in which case the local plumbing inspector may approve all or a portion of the expanded or replacement system's location on adjacent lots if the property owner holds a perpetual easement from the adjacent lot owner allowing the installation and maintenance of the system.

e.

Commencing July 1, 2024, the owner of each building or dwelling unit in the Lake Auburn Watershed Overlay District not served by public sewer shall have their private subsurface wastewater disposal system inspected to ensure continuing compliance with this section and the latest version of the Maine Subsurface Wastewater Disposal Rule, 10-144 C.M.R. ch. 241.

1.

Inspections. An initial inspection shall be completed by the completion date specified in the Lake Auburn Watershed Overlay District Septic Systems Inspection Map, dated June 24, 2024, which is on file in the office of the city planning, permitting and code department.

Subsequent inspections shall be completed within five years of the initial inspection and every subsequent inspection, unless the property is sold, in which case a subsequent inspection shall be conducted at the time of sale.

Such inspections shall be completed by a certified subsurface wastewater disposal system inspector. Such inspector shall inspect the private subsurface wastewater disposal system using the minimum requirements established by the Maine Department of Health and Human Services, Division of Environmental and Community Health for evaluating and reporting on existing subsurface wastewater disposal systems.

2.

City record keeping and notifications. The city planning, permitting and code department shall maintain, within the city GIS system, a record of each subsurface wastewater disposal system within the Lake Auburn Watershed Overlay District that requires inspection. The record must include, at a minimum, the city parcel identifier, date the next inspection is due, and date of the last inspection.

The city planning, permitting and code department shall provide the owner of each building or dwelling unit written notices by regular mail, to the address shown on the city property tax records, of the date by which the inspection of the subsurface wastewater disposal system must be completed. The first notice shall be mailed 12 months prior to each required completion date and the second notice six months prior to each required completion date.

3.

Reporting and reviewing of results of inspections. Reporting shall be made utilizing the latest version of the HHE-240 reporting form, for initial inspections, and the Supplement HHE-240 reporting form, for subsequent inspections, as published by the Maine Department of Health and Human Services, Division of Environmental and Community Health. Such reports shall be submitted to the local plumbing inspector.

The local plumbing inspector shall review the report and determine if corrective action is required to ensure that;

i.

For subsurface wastewater disposal systems for which a design is on file with the planning, permitting and code department, the system is functioning per the design on file,

ii.

For subsurface wastewater disposal systems for which there is no design on file with the planning, permitting and code department, the system is functioning as built.

4.

Alternative design for replacement subsurface wastewater disposal systems. For buildings or dwelling units that exist in the Lake Auburn Watershed Overlay District as of July 1, 2024, should the local plumbing inspector determine, upon review of the report from the subsurface wastewater disposal system inspector, through personal observation, or through independent means, that the subsurface wastewater disposal system is not functioning as designed or built and a replacement system is required, and:

i.

A state licensed site evaluator informs the local plumbing inspector that the parcel on which the building or dwelling unit is situated is not suitable to site a replacement subsurface wastewater disposal system that meets the requirements of this section and the latest version of the Maine Subsurface Wastewater Disposal Rule, 10-144 C.M.R. ch. 241; and

ii.

The local plumbing inspector determines that the replacement subsurface wastewater disposal system cannot be sited pursuant to subsection (4); then a state licensed site evaluator may propose, and the local plumbing inspector may approve, after consultation with the Lake Auburn Watershed Protection Commission, an alternative subsurface wastewater design that does not meet the requirements of this section and the latest version of the Maine Subsurface Wastewater Disposal Rule, 10-144 C.M.R. ch. 241 but which meets as many of the requirements as possible, and for those requirements that cannot be met, includes design elements that maximize the efficacy of the treatment of the wastewater.

f.

In coordination with the local plumbing inspector, LAWPC, or its designee, shall have the right to inspect any subsurface wastewater disposal system within the Lake Auburn Watershed Overlay District during its construction and operation and may notify the City of Auburn health officer, police chief, local plumbing inspector or code enforcement officer of any observed defects or malfunction that require corrective action by the property owner or operator.

g.

The local plumbing inspector shall furnish a copy of all site evaluation and inspection reports in the Lake Auburn Watershed Overlay District to LAWPC.

h.

Commencing on July 1, 2024, a maximum of three new dwelling units per calendar year are permitted in that part of the Lake Auburn Watershed Overlay District in which new dwelling units are permitted.

The city planning, permitting, and code department shall, on an annual basis, provide a report to the planning board as to the extent and effect of the construction of new dwelling units in the Lake Auburn Watershed Overlay District. The report shall include, at a minimum, the number of new dwelling units constructed in the past year, the cumulative number of new dwelling units constructed since July 1, 2024, and the effect of such construction on the Lake Auburn water quality.

Should the planning board conclude, based on the city planning, permitting and code department report that the construction of new dwelling units has had an adverse effect on the Lake Auburn water quality, the planning board shall consider what action is to be taken to prevent further degradation of Lake Auburn water quality from the construction of new dwelling units.

(b)

Agricultural, forestry, and erosion control.

(1)

Agricultural use. Use of land for agricultural use within the Lake Auburn Watershed Overlay District is only permitted if:

a.

The property owner or lessee shows, and the director of the city planning, permitting, and code department, or their designee, finds, after consultation with the LAWPC watershed manager, that

1.

Such use, or expansion of such use, will not cause groundwater contamination, will not contaminate or disturb the normal course of surface water runoff, and will not contaminate any lake, pond, stream, brook, or NWI wetland; and

2.

The property owner or lessee has a waste and nutrient management plan developed in compliance with the natural resource conservation service's standards for waste and nutrient management.

b.

The director of the city planning, permitting, and code department, or their designee, has provided their written finding of conformity with the requirements of this section 60-952(2)(a) to the property owner or lessee.

c.

The provisions of this subsection (b)(1) shall apply to all new or expanded agricultural uses of land within the Lake Auburn Watershed Overlay District. For those agricultural uses that exist on July 1, 2024, the property owner or lessee shall comply with the requirements of subsection (b)(1)a.2. no later than June 30, 2027.

d.

The provisions of this subsection (b)(1) requiring a showing to the director of the planning, permitting, and code department, or their designee, and the requirement to have a waste and nutrient management plan, shall not apply if the agricultural use of the land is for the production, growing, cultivation, or harvesting of any agricultural commodity or product, (but not for or the raising, shearing, feeding, caring for, training, and management of livestock or poultry), whether for commercial or personal use, if the agricultural use of the land encompasses no more than 1,000 square feet in total on any lot. This provision shall not be construed to exempt the property owner or lessee from any other provision of this division.

(2)

Reserved.

(3)

Number of animal units permitted. The number of animal units of livestock permitted in the Lake Auburn Watershed Overlay District shall be calculated utilizing the formula in the definition of farm, livestock in section 60-2. The number of animal units of poultry permitted in the district shall be calculated as 15 animal units per acre of cleared land not to exceed a total of 150 animal units per lot.

(4)

Vegetated buffer strip. Where soil is tilled for agricultural purposes, or livestock or poultry is kept, an untilled, vegetated buffer strip at least 250 feet wide shall be retained between the tilled area and the normal high-water mark of any lake, pond, stream, brook, or NWI wetland.

Vegetated buffer strips shall be constructed and maintained as specified in the latest version of the Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorous Control Manual, Volume II and Technical Design Manual Volume III, March 2016.

This subsection shall not be interpreted as permitting agricultural tillage in any zoning district in which it is not otherwise permitted.

(5)

Manure and sludge spreading, storage, and disposal. The spreading or disposal of manure or sludge within the Lake Auburn Watershed Overlay District is prohibited. Manure shall be stored on an impervious surface which has a roof or cover.

(6)

Fertilizer use and application. The following provisions shall apply to the use, application, or storage of fertilizer in the Lake Auburn Watershed Overlay District.

a.

The following uses and applications of fertilizer are permitted:

1.

Organic fertilizer if a soil test is conducted annually; and

2.

The fertilizer that is used or applied does not contain nutrients in excess of the amount recommended by the completed soil test; and

3.

No more than two fertilizer applications are made in one calendar year; and

4.

For each application, total nitrogen may not exceed one pound per 1,000 square feet.

b.

The following uses and applications of fertilizer are prohibited:

1.

Fertilizer containing phosphorus, unless a waiver for the use of fertilizer containing phosphorus is issued by the city planning, permitting, and code department.

2.

Synthetic fertilizers.

3.

Fertilizer used within 100 feet of the normal high-water mark of a lake, pond, steam, brook, or NWI wetland.

4.

Fertilizer used when a rain event producing one-half inch or more of precipitation in a one-hour period is forecast or is occurring.

5.

Fertilizer used on saturated surfaces.

6.

Fertilizer used on partially or wholly frozen ground.

7.

Fertilizer used on impervious surfaces, if spills occur on impervious surfaces they must be removed immediately.

8.

Fertilizer used during the summer dormancy period.

c.

Waivers of the provisions of this subsection (6) may be issued by the director of the city planning, permitting, and code department, or their designee, after consultation with the LAWPC watershed manager:

1.

Upon a showing by the applicant that the use of synthetic fertilizer, or the use of fertilizer containing phosphorus, is necessary because a suitable organic fertilizer product that meets the nutrient needs of the soil as specified in the soil test is unavailable. The waiver may contain additional conditions on the use or application of the waivered fertilizer product to minimize the risk to any lake, pond, stream, brook or NWI wetland.

2.

Upon a showing by the applicant that a nutrient management plan prepared by the natural resources conservation service for a specific agricultural use requires a frequency of application greater than that specified in subsection (b)(6)a.3. of this section and/or a total nitrogen application greater than that specified in subsection (b)(6)a.4. of this section.

d.

Fertilizers shall be stored, mixed, and loaded:

1.

Pursuant to the specific manufacturer's storage instructions on the fertilizer label; and

2.

Must be stored in an impervious container on an impervious surface; and

3.

Must be mixed and loaded on an impervious surface; and

4.

No more than two times the volume needed for a single application may be stored at any one time.

(7)

Allowed and prohibited pesticides. For outdoor pest management activities in the Lake Auburn Watershed Overlay District, the following shall apply:

a.

Synthetic substances are prohibited unless specifically listed as "allowed" on the U.S. Department of Agriculture's National List of Allowed and Prohibited Substances (the "national list");

b.

Non-synthetic substances are allowed unless specifically listed as "prohibited" on the national list;

c.

Pesticides determined to be "minimum risk pesticides" pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 4 and listed in 40 C.F.R. § 152.25(f)(1) or (2), as may be amended from time to time, are allowed; and

d.

The use or application of pesticides (whether natural, organic, "non-synthetic," synthetic or otherwise) within 250 feet of the normal high-water mark of a lake, pond, steam, brook, or NWI wetland is prohibited.

e.

The following materials, applications, or activities are exempt from the provisions of this subsection (7) (and are so allowed):

1.

Pet supplies, such as shampoos and tick and flea treatments, when used in the manner specified by the manufacturer;

2.

Disinfectants, germicides, bactericides, miticides and virucides, when used in the manner specified by the manufacturer;

3.

Insect repellents when used in the manner specified by the manufacturer;

4.

Rat and rodent control supplies when used in the manner specified by the manufacturer;

5.

Swimming pool supplies when used in the manner specified by the manufacturer.

f.

The following uses of prohibited pesticides are exempt from the provisions of this subsection (and are so allowed) when the use of the material, application, or activity is more than 250 feet from the normal high- water mark of a lake, pond, steam, brook, or NWI wetland or when a waiver has been granted by the director of the director of the city planning, permitting, and code department or their designee.

1.

Prohibited pesticides may be used to control plants that are poisonous to the touch, such as poison ivy; pests of significant health importance, such as ticks and mosquitoes; animals or insects that may cause damage to a structure, such as carpenter ants or termites; invasive species; or when used by a public utility for maintenance of a right-of-way through the Lake Auburn Watershed Overlay District.

2.

The director of the city planning, permitting, and code department, or their designee, after consultation with the LAWPC watershed manager, may grant a waiver to use a prohibited pesticide within 250 feet of the high-water mark of a lake, pond, stream, brook, or NWI wetland when such use is necessary to protect public health or safety.

g.

Pesticides shall be stored, mixed, loaded, and applied:

1.

Pursuant to the specific manufacturer's storage instructions on the pesticide label or container; and

2.

Must be stored in an impervious container on an impervious surface; and

3.

Must be mixed and loaded on an impervious surface; and

4.

No more than two times the volume needed for a single application may be stored at any one time; and

5.

Shall not be applied by aerial spraying.

(8)

Erosion control. Any exposing, moving, removal, or stockpiling of soil, or the removal of vegetative cover that will result in erosion or runoff which increases sedimentation of any lake, pond, stream, brook, or NWI wetland in the Lake Auburn Watershed Overlay District is prohibited.

(9)

Tree clearing and forestry. Clearcutting is limited to 25 percent of the total area of a lot or two acres, whichever is less; provided that on lots of 20 acres or more, one clearcut of not more than two acres in every 20 contiguous acres may be made. Any discrete tree or timber cutting operation on a lot of any size over two acres shall be permitted only pursuant to a harvest plan prepared by a Maine-licensed forester meeting the standards in the latest versions of Rule 20 of the rules adopted under the Maine Forest Practices Act, the Maine Department of Agriculture, Bureau of Forestry's manual on Best Management Practices for Forestry: Protecting Maine's Water Quality and, where applicable, the requirements of Chapter 21 of Maine Forest Service's Statewide Standards for Timber Harvesting in Shoreland Areas. All harvest plans must be approved by the director of the city planning, permitting, and code department, or their designee, after consultation with the LAWPC watershed manager. Such harvest plan will be approved or disapproved based on its conformance with this Division, with a focus on its ability to ensure protection of the water quality of Lake Auburn. The director, or their designee, may require the approved harvest plan to be amended to ensure preventive and corrective actions which may become necessary to protect the water quality of Lake Auburn.

(c)

Enforcement. The city planning, permitting and code department shall have authority to enforce all requirements of this division in accordance with section 60-1403.

(Ord. of 9-21-2009, § 5.3C; Ord. No. 19-12022019, 12-9-2019; Ord. No. 10-06202023, 7-10-2023; Ord. No. 2811202023, 12-4-2023; Ord. No. 21-11182024, 12-2-2024)

Any new or expanded buildings or structures, except those requiring direct access to the water as an operational necessity, shall be constructed not less than 100 feet inland from the normal high-water mark of Lake Auburn. Operational necessity shall include private docks, but shall not include boathouses, storage sheds, garages, or other structures. Marinas and boat rental facilities shall not be permitted within 100 feet of the normal high-water mark of Lake Auburn.

(Ord. of 9-21-2009, § 5.3D; Ord. No. 13-07012024, 7-15-2024)

In any case in which a provision of this section conflicts with a provision of any other section of this chapter, the provision which establishes the more stringent standard shall apply.

(Ord. of 9-21-2009, § 5.3E)

The purposes of this Shoreland Overlay District (SLO) is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

(Ord. No. 011-09072010-07, § 5.4A, 9-7-2010)

This SLO district has been created in accordance with the provisions of 38 M.R.S.A. §§ 435—449.

(Ord. No. 011-09072010-07, § 5.4B, 9-7-2010)

This SLO district applies to all land areas within 250 feet, horizontal distance, of those areas noted on the official shoreland zoning map for the city and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.

This SLO district also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland.

(Ord. No. 011-09072010-07, § 5.4C, 9-7-2010)

The SLO district has been adopted by the municipal legislative body on September 7, 2010.

(Ord. No. 011-09072010-07, § 5.4D, 9-7-2010)

Should any section or provision of this division be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the division.

(Ord. No. 011-09072010-07, § 5.4E, 9-7-2010)

Whenever a provision of this division conflicts with or is inconsistent with another provision of this chapter or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control.

(Ord. No. 011-09072010-07, § 5.4F, 9-7-2010)

Unless otherwise set forth on the official shoreland zoning map, district boundary lines are property lines, the centerlines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined herein. The perimeters of the SLO district shall be superimposed over the underlying zoning districts. The provisions of the underlying zoning district shall be adhered to subject to compliance with the provisions of the SLO district. Where uncertainty exists as to the exact location of district boundary lines, the board of appeals shall be the final authority as to location.

(Ord. No. 011-09072010-07, § 5.4G, 9-7-2010)

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

(Ord. No. 011-09072010-07, § 5.4H, 9-7-2010)

(a)

Purpose. It is the intent of this district to promote land use conformities, except that nonconforming conditions that existed before the effective date of this division or amendments thereto shall be allowed to continue, subject to the requirements set forth in section 60-990. Except as otherwise provided in this division, a nonconforming condition shall not be permitted to become more nonconforming.

(b)

General.

(1)

Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this section.

(2)

Repair and maintenance. This section allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.

(c)

Nonconforming structures.

(1)

Expansions. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with subparagraphs a. and b. below.

a.

After January 1, 1989, if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30 percent or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of section 60-990(c)(3), and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989, had been expanded by 30 percent in floor area and volume since that date.

b.

Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the director of planning and permitting, basing a decision on the criteria specified in section 60-990(c)(2), relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with section 60-990(c)(1)a. above, and the foundation does not cause the structure to be elevated by more than three additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

(2)

Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the director of planning and permitting, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine subsurface wastewater disposal rules (rules), or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the director of planning and permitting shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the director of planning and permitting shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

a.

Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50 percent of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

b.

Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

(3)

Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50 percent of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the director of planning and permitting or its designee in accordance with the purposes of this section. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to subsection (c)(1) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with subsection (c)(2) above.

Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50 percent or less of the market value, or damaged or destroyed by 50 percent or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the code enforcement officer within one year of such damage, destruction, or removal.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the director of planning and permitting or its designee shall consider, in addition to the criteria in section (3)(b) above, the physical condition and type of foundation present, if any.

(4)

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the director of planning and permitting, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the director of planning and permitting shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent uses.

(d)

Nonconforming uses.

(1)

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the planning board, be expanded within existing residential structures or within expansions of such structures as allowed in subsection (c)(1)a. above.

(2)

Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the planning board may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five-year period.

(3)

Change of use. An existing nonconforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the planning board. The determination of no greater adverse impact shall be made according to criteria listed in subsection (c)(4) above.

(Ord. No. 011-09072010-07, § 5.4I, 9-7-2010; Ord. No. 11-03012021, §§ 45, 46, 3-15-2021)

(a)

Purpose. The purpose of this overlay zone is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in natural resource areas.

The resource protection district includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas:

(1)

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the department as of May 1, 2006. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river.

(2)

Areas of two or more contiguous acres with sustained slopes of 20 percent or greater.

(3)

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

(4)

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement.

(5)

Properties owned by or under development restriction easements controlled by the Lake Auburn Watershed Protection Commission that are deemed to be appropriate for resource protection zoning by a vote of the commission.

(b)

Use regulations.

(1)

Permitted uses. The following uses are permitted subject to the requirements of article V of this chapter:

a.

Nonintensive recreational uses not requiring structures.

b.

Forest management activities except for timber harvesting and land management road.

c.

Soils and water conservation practices.

d.

Fire prevention activities.

e.

Wildlife management practices.

f.

Surveying and resource analysis.

g.

Emergency operations.

h.

Structures accessory to allowed uses.

i.

Motorized vehicular traffic on existing roads and trails.

j

Mineral exploration.

k.

Individual private camp sites.

l.

Filling and earth moving of less than ten cubic yards.

m.

Uses similar to allowed uses.

n

Conversion of seasonal residences to year round residences.

(2)

Special exception uses. The following uses are permitted by special exception after approval by the planning board in accordance with the provisions of article XVI, div. 3, and article XII [of this chapter]:

a.

Mineral extraction including sand and gravel extraction.

b.

Agriculture.

c.

Aquaculture.

d.

Principal structures and uses including driveways.

e.

Filling and earth moving of greater than ten cubic yards.

f.

Uses similar to uses requiring special exception approval.

(c)

Dimensional requirements. All structures in this district except as noted shall be subject to the following dimensional regulations:

(1)

Minimum lot area, width and depth. No lot shall be created and/or no building shall be erected on a lot containing less than the minimum lot size or measuring less than the minimum lot width or lot depth required for the underlying zoning district identified for the property where any activity is proposed.

(2)

Density. The density of dwelling units shall not exceed the required density for the underlying zoning district identified for the property where any activity is proposed.

(3)

Yard requirements. The rear, side and front yard requirements shall not be less than that required for the underlying zoning district for the property where any activity is proposed.

(4)

Height. The height of all principal or accessory structures shall be limited to 35 feet in height. Exception: where identified as special local condition overlay to the shoreland zone the height of all principal or accessory structures shall be limited to 50 feet in height. This provision also shall not apply to structures such as transmission towers, windmills, antennas and similar structures having no floor area.

(5)

Off-street parking. Off-street parking spaces shall be provided in accordance with the requirements for specific uses as set forth in article V of this chapter.

(Ord. No. 011-09072010-07, § 5.4J, 9-7-2010; Ord. No. 11-03012021, § 47, 3-15-2021; Ord. No. 33-07192021, 8-2-2021)

(a)

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in general development areas the setback from the normal high-water line shall be at least 25 feet, horizontal distance. Lots less than 150 feet deep measured at right angles to the shoreline which were in existence on or before December 17, 1973, shall have a shoreline setback requirement of 50 percent of the lot depth. In the resource protection district the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

For the purpose of this section the term "general development areas" includes all areas were the underlying zoning is identified as General Business, General Business II, Form Based Code districts or Industrial districts, except where these districts fall within the Taylor Pond or Lake Auburn Watersheds or on the east shore of Bobbin Mill Brook.

In addition:

(1)

The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

(2)

On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the code enforcement officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

(b)

Principal or accessory structures and expansions of existing structures which are permitted in the underlying zoning district, shall not exceed 35 feet in height. Exception: where identified as special local condition overlay to the shoreland zone the height of all principal or accessory structures shall be limited to 50 feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

(c)

The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated and constructed in accordance with provisions of this chapter, art. XII, div. 2, Floodplain Overlay District. Accessory structures may be placed in accordance with the standards of that division and need not meet the elevation requirements.

(d)

The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the SLO district shall not exceed 20 percent of the lot or a portion thereof, located within the SLO district, including land area previously developed, except in the general development areas adjacent to rivers that do not flow to great ponds classified GPA, where lot coverage shall not exceed 70 percent.

(e)

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:

(1)

The site has been previously altered and an effective vegetated buffer does not exist;

(2)

The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

(3)

The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

(4)

The total height of the wall(s), in the aggregate, are no more than 24 inches;

(5)

Retaining walls are located outside of the 100-year floodplain on rivers, streams, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) flood insurance rate maps or flood hazard boundary maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

(6)

The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

(7)

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

a.

The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch;

b.

Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

c.

Only native species may be used to establish the buffer area;

d.

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;

e.

A footpath not to exceed the standards in section 60-1004(b)(1), may traverse the buffer;

(f)

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the code enforcement officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

(Ord. No. 011-09072010-07, § 5.4K, 9-7-2010; Ord. No. 11-03012021, § 48, 3-15-2021; Ord. No. 33-07192021, 8-2-2021)

(a)

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

(b)

The location shall not interfere with existing developed or natural beach areas.

(c)

The facility shall be located so as to minimize adverse effects on fisheries.

(d)

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for non-commercial uses.

(e)

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

(f)

New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the planning board that a temporary pier or dock is not feasible, and a permit has been obtained from the department of environmental protection, pursuant to the Natural Resources Protection Act.

(g)

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

(h)

Except in the general development areas, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.

(Ord. No. 011-09072010-07, § 5.4L, 9-7-2010)

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

(1)

Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

(2)

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

(Ord. No. 011-09072010-07, § 5.4M, 9-7-2010)

Individual private campsites not associated with campgrounds are allowed provided the following conditions are met:

(1)

One campsite per lot existing on the effective date of this section, or 30,000 square feet of lot area within the shoreland zone, whichever is less, may be permitted.

(2)

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

(3)

Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.

(4)

The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a resource protection district shall be limited to 1,000 square feet.

(5)

A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local plumbing inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

(6)

When a recreational vehicle, tent or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

(Ord. No. 011-09072010-07, § 5.4N, 9-7-2010)

The following new commercial and industrial uses are prohibited within the shoreland zone adjacent to great ponds classified GPA, and rivers and streams which flow to great ponds classified GPA:

(1)

Auto washing facilities

(2)

Auto or other vehicle service and/or repair operations, including body shops

(3)

Chemical and bacteriological laboratories

(4)

Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms

(5)

Commercial painting, wood preserving, and furniture stripping

(6)

Dry cleaning establishments

(7)

Electronic circuit assembly

(8)

Laundromats, unless connected to a sanitary sewer

(9)

Metal plating, finishing, or polishing

(10)

Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas

(11)

Photographic processing

(12)

Printing

(Ord. No. 011-09072010-07, § 5.4O, 9-7-2010)

(a)

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities in districts other than the general development areas shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the planning board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

(b)

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.

(c)

In determining the appropriate size of proposed parking facilities, the following shall apply:

(1)

Typical parking space: Approximately ten feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

(2)

Internal travel aisles: Approximately 20 feet wide.

(Ord. No. 011-09072010-07, § 5.4P, 9-7-2010)

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

(1)

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river that flows to a great pond classified GPA, 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 road and/or driveway setback requirement shall be 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 percent the road and/or driveway setback shall be increased by ten feet, horizontal distance, for each five percent increase in slope above 20 percent.

Section 60-997(a) does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this section except for that portion of the road or driveway necessary for direct access to the structure.

(2)

Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.

(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 section 60-1004.

(5)

Road and driveway grades shall be no greater than ten percent except for 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 shall apply:

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:

b.

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

c.

On sections having slopes greater than ten percent, ditch relief culverts shall be placed at approximately a 30-degree angle downslope from a line perpendicular to the centerline 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.

(Ord. No. 011-09072010-07, § 5.4Q, 9-7-2010)

(a)

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.

(b)

Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

(Ord. No. 011-09072010-07, § 5.4R, 9-7-2010)

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following: a) 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 and b) a holding tank is not allowed for a first-time residential use in the SLO district.

(Ord. No. 011-09072010-07, § 5.4S, 9-7-2010)

(a)

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(b)

The installation of essential services, other than road-side distribution lines, is not allowed in a resource protection district, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

(c)

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

(Ord. No. 011-09072010-07, § 5.4T, 9-7-2010)

(a)

All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201-4209).

(b)

Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, or within 75 feet horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

(c)

Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, within the shoreland zone shall require a conservation plan to be filed with the planning board. Nonconformance with the provisions of said plan shall be considered to be a violation of this division.

(d)

There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance, from other water bodies; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this division and not in conformance with this provision may be maintained.

(e)

Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance, of other water bodies; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a conservation plan.

(Ord. No. 011-09072010-07, § 5.4U, 9-7-2010)

Chapter 21, Statewide Standards for Timber Harvesting in Shoreland Areas apply.

(Ord. No. 011-09072010-07, 9-7-2010; Ord. No. 15-11182019, 12-2-2019)

(a)

In 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 safety hazards.

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.

(b)

Except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 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 footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.

(2)

Selective cutting of trees within the buffer strip is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained.

Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot rectangular area.

The following shall govern in applying this point system:

a.

The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

b.

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

c.

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this division;

d.

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

e.

Where conditions permit, no more than 50 percent of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

Notwithstanding the above provisions, no more than 40 percent of the total volume of trees four inches or more in diameter, measured at four and one-half 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.

(4)

Pruning of tree branches, on the bottom one-third of the tree is allowed.

(5)

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

(c)

At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a river flowing to a great pond classified GPA, 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 percent of the volume of trees four inches or more in diameter, measured four and one-half feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40 percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25 percent of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the general development areas.

(d)

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this section.

(e)

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Chapter 21 Statewide Standards for Timber Harvesting in the Shoreland Zone.

(Ord. No. 011-09072010-07, § 5.4W, 9-7-2010; Ord. No. 11-03012021, §§ 49—53, 3-15-2021)

(a)

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 permitting authority for approval and shall include, where applicable, provisions for:

(1)

Mulching and revegetation of disturbed soil.

(2)

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

(3)

Permanent stabilization structures such as retaining walls or rip-rap.

(b)

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.

(c)

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.

(d)

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, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure. In addition:

(1)

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.

(2)

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

(3)

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.

(e)

Natural and manmade drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a 25-year storm or greater, and shall be stabilized with vegetation or lined with riprap.

(Ord. No. 011-09072010-07, § 5.4X, 9-7-2010)

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

(Ord. No. 011-09072010-07, § 5.4Y, 9-7-2010)

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.

(Ord. No. 011-09072010-07, § 5.4Z, 9-7-2010)

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the commission prior to rendering a decision on the application.

(Ord. No. 011-09072010-07, § 5.4AA, 9-7-2010)

A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the shoreland zone unless written authorization attesting to the validity and currency of all local permits required under this or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.

(Ord. No. 011-09072010-07, § 5.4BB, 9-7-2010)

This district is intended to establish minimum standards for the placement of manufactured housing in accordance with the provisions of 30-A M.R.S.A. § 4358, Regulation of Manufactured Housing, to restrict the location of older mobile homes and trailers, to require that manufactured housing, as defined in this division, be aesthetically compatible in terms of design standards with site-built homes and to provide alternatives for the location of affordable and safe housing within the city.

(Ord. of 9-21-2009, § 5.5A)

(a)

Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manufactured housing means a structural unit designed for occupancy, and constructed in a manufacturing facility and then transported by the use of its own chassis, or placed on an independent chassis, to a building site. The term "manufactured housing" includes any type of building which is constructed at a manufacturing facility and then transported to a building site where it is utilized for housing and may be purchased or sold by a dealer in the interim. For purposes of this section, two types of manufactured housing are included. They are:

(1)

Those units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 700 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings on foundations when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein; except that the term "manufactured housing" includes any structure which meets all the requirements of this subsection (1) of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the state's department of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, section 5401 et seq.; and

(2)

Those units commonly called "modular homes," which the manufacturer certifies are constructed in compliance with the State's Manufactured Housing Act and regulations, meaning structures, transportable in one or more sections, which are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein.

(b)

Overlay district boundaries. The manufactured housing overlay districts are those sections of the city shown on an overlay map on file in the offices of the department of community development and planning and the city clerk. The manufactured housing overlay district shall be superimposed over underlying zoning districts and any use shall be subject to compliance with all applicable provisions of the underlying district. Permitted uses in the underlying districts shall continue subject to compliance with the provisions of their overlay district. Nothing in this section shall permit uses in districts where such uses are not otherwise permitted.

(1)

Site-built home. A building constructed on-site which is designed to be used as a dwelling on foundations when connected to the required utilities.

(2)

Older mobile homes, trailers. Any factory-built home which fails to meet the definition of manufactured housing and more specifically, any mobile constructed prior to June 15, 1976, shall be restricted to approved mobile home parks.

(3)

Design standards. Shall include, but are not limited to requirements for building width, roof pitch, roof material, siding material, foundations, additions and siting that are similar in character to traditional site-built residential homes. Design standards shall not apply to manufactured housing located in approved mobile home parks.

(c)

Siting. Siting of a dwelling on a lot is considered to be the angle at which a dwelling is placed in relation to frontage, as defined in subsection (a) of this section.

(d)

Design standards. All dwelling units in this district shall be subject to the following minimum design standards:

(1)

Building dimensions. No building shall be less than 14 body feet in width and shall contain not less than 700 square feet of habitable living space.

(2)

Roof construction. All roofs shall be covered with standard asphalt shingles and have a minimum pitch of 3.5 to 12. Roofs covering manufactured housing shall provide certified engineering data to show that roof additions will meet the performance criteria of the Auburn Building Code for snow and wind loads; the roof shall extend for the full length of the structure.

(3)

Exterior walls. Exterior walls shall have traditional site-built appearance and may be materials such as clapboards, shingles and shakes, including synthetic or metal siding manufactured to closely resemble clapboards, shingles and shakes. Walls may also include masonry, wood, board-and-batten, and Texture 111 exterior plywood, but shall not include artificial masonry or fake board-and-batten made from metal.

(4)

Skirting. Skirting is required except for dwellings placed on a frost wall or full foundations. Skirting shall meet the following criteria:

a.

The material used is consistent with the materials permitted by subsection (b) of this section;

b.

The skirting is extended either to the foundation or as close to the slab as possible that will still permit proper ventilation;

c.

The skirting shall totally enclose the unit and be permanently affixed and fully supported by suitable framing to the unit.

(5)

Foundations. The foundation shall be a permanent concrete reinforced six inches slab; concrete or masonry frost wall, wood or full basement. Al foundations shall meet the performance criteria of the Auburn Building Code.

(6)

Enclosed additions. Additions shall have the same exterior wall material as permitted by subsection (b) of this section, except that glass may be used for greenhouse additions. All additions shall have an asphalt shingled roof with a minimum pitch of 3.5 to 12.

(7)

Anchoring. All mobile homes shall be anchored to the foundation or slab by attaching the frame to six-inch eye bolts, set at the four corners of the foundation or slab, with one-quarter inch steel cable or equivalent. All mobile homes shall be anchored to the foundation and elevated as required by section 60-668.

(8)

Transportation components. Appendages required for transportation, which shall include but not limited to the tongue, axles and wheels shall be removed or enclosed so as not to be visible.

(9)

Siting. Dwellings shall be sited on the lot subject to the following conditions:

a.

Dwellings less than 24 feet in width.

1.

Dwellings sited in excess of 15 degrees but less than 30 degrees shall have an enclosed addition equal to 15 percent of the floor area of the structure. The addition shall project out not less than 20 percent of the length of the structure at not greater than a 60 degree angle. Additions shall not be permitted attached to and extended from the narrow side of the dwelling.

2.

Dwellings sited in excess of 30 degrees but less than 45 degrees shall meet all of the criteria set forth in subsection (9)a1 of this section provided that such addition be located on the street side area of the lot.

3.

No dwellings less than 24 feet in width shall be allowed to be sited on a lot in excess of 45 degrees unless it is sited a minimum of 100 feet from the front yard setback and screened from view of the public right-of-way.

b.

Dwellings 24 feet or greater in width shall not be subject to siting standards.

c.

Additions shall include enclosed structures such as breezeways, garages and extensions to the interior living space. Carports, open breezeways, decks and patios shall not be counted as an addition.

d.

Angles of siting are based upon the lot frontage being the horizontal or parallel line.

e.

Dwellings to be located on a curve shall have the angle of siting determined by locating a tangent point at the midpoint of the curve arc. Lines shall then be drawn parallel and perpendicular to such point.

(10)

Fuel storage tank. Any fuel storage tank must be placed either in the basement, crawl space or in an attached addition or be screened so as not to be visible from adjacent properties or any street, within one year of installation.

(Ord. of 9-21-2009, §§ 5.5B, 5.5C)