The purpose of the standards in this article relating to smoke, noise, vibration, odors, air pollution and electrical disturbance of infrastructure is to ensure that no new development occurs which may have an environmental impact that could be detrimental to the city or property owners or that may have a direct impact to property caused by nuisances directly or indirectly associated with the above environmental issues. The standards provided in this article shall apply to all nonresidential uses in the city.

(Ord. of 9-21-2009, § 5.6A)

No land use, facility, or activity shall be exempt from complying with the environmental performance standards contained in this article because of grandfathering or because of being an existing use, facility, or activity at the time the standards were enacted. The standards apply to all existing and future sources, land uses, facilities, and activities in the non-residential uses of the city, except as otherwise provided herein.

(Ord. No. 09-05202019, 9-9-2019)

Editor's note— Ord. No. 09-05202019 created a new § 60-1035 and renumbered §§ 60-1035—60-1040 as §§ 60-1036—60-1041.

(a)

For the purposes of determining the density of equivalent opacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringlemann number referred to in this section refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringlemann No. 1 indicates a 20 percent density of the smoke observed.

(b)

All measurements shall be taken as close to the point emission of the smoke as reasonably possible.

(c)

In all zones, no development may emit from a vent, stack, chimney or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 1, except that an emission does not exceed a density or equivalent capacity of Ringlemann No. 2, is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district.

(d)

In the industrial zone, no development use may emit from a vent, stack, chimney or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 2, except that an emission that does not exceed a density or equivalent capacity of Ringlemann No. 3 is permissible for a duration not more than four minutes during any eight-hour period if the source of emission is not located within 500 feet of a residential district.

(Ord. of 9-21-2009, § 5.6B; Ord. No. 09-05202019, 9-9-2019)

Note— Formerly § 60-1035. See editor's note for § 60-1035.

(a)

A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles per sound (i.e., whether the pitch of the sound is high or low) and A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter.

(b)

The standards established in the table set forth in subsection (c) of this section are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at then-second intervals and computing the Leq.

(c)

Except as provided in subsection (d) of this section, the following table establishes the maximum permissible noise levels for nonresidential uses. Measurements shall be taken at the boundary line of the lot where the nonresidential use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the use is located.

(d)

Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of ten dB(A) in excess of the figures listed in the table, except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.

(e)

Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.

(Ord. of 9-21-2009, § 5.6C; Ord. No. 09-05202019, 9-9-2019)

Note— Formerly § 60-1036. See editor's note for § 60-1035.

(a)

No development in any zone may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at:

(1)

The outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot; or

(2)

The lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(b)

No development in any zone may generate any ground-transmitted vibration in excess of the limits set forth in subsection (e) of this section. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection (e) of this section.

(c)

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d)

The vibration maximums set forth in subsection (e) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F × D

Where: ;b0;[W1] PV = Particle velocity, inches-per-second

F = Vibration frequency, cycles-per-second

D = Single amplitude displacement of the vibration, inches

The maximum velocity shall be the vector sum of the three components recorded.

(e)

Table of maximum ground-transmitted vibration:

(f)

The values stated in subsection (e) of this section may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g)

Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.

(h)

Vibration resulting from the railroads passing through the city shall be exempt from these standards.

(Ord. of 9-21-2009, § 5.6D; Ord. No. 09-05202019, 9-9-2019)

Note— Formerly § 60-1037. See editor's note for § 60-1035.

(a)

For purposes of this section, the term "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter than can be detected by the abutters of the property in question.

(1)

No development in any non-residential use may generate any odor that reaches the odor threshold, measured at the lot line of the enterprise generating the odor of a "dilution-to-threshold", D/T, of seven or less using a field olfactometer.

(2)

Whether or not an odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity. The use of a field olfactometer meter may be used for documentation, verification and enforcement as needed. A measurement reading of seven D/T or less shall be maintained at the property line.

(3)

Odor observation shall be undertaken to arrive at a determination that an objectionable odor exists at the property line, or beyond the property line if a public space where people live, work or assemble is impacted.

(4)

If complaints are received regarding farming operations, and the farm is using best management practices as outlined in state and federal standards, the Right-to-Farm, MRSA, Title 7, Chapter 6, Statute 153, shall prevail.

(b)

Administration and enforcement. The code enforcement officer, and/or their official designee, of the city shall administer and enforce this article. The CEO will follow section 2-639 in determining time limits for corrective actions based on the level of risk or nuisance posed by the issue.

(1)

Upon receiving three different complaints the CEO shall investigate the issue. If the CEO detects and/or the operator indicates that management provisions installed within the facility are not being followed, the CEO shall provide verbal notice of violation with instructions to comply with the standards within ten business days, and to inform the officer of efforts or completion within that time. The officer may use electronic meters or devises to measure and quantify the issue for comparative and/or enforcement purposes.

(2)

If complaints persist and/or the issues are not resolved after the ten-day period described above, a written notice of violation, as specified under chapter 2, article VIII, citation system of code enforcement, with the requirement that the owner/operator prepare a mitigation plan that meets the requirements of this ordinance, along with a time table for implementation within 30 days. If the installed mitigations fail to bring the facility into compliance, a specialist may be required to design a remedy, and the city may use contracted staff or peer review escrow fees to review the mitigation plan.

(3)

If the operator has not submitted the required report or made efforts to comply within 45 days the CEO shall issue a second written notice of violation and assess additional fines as specified under chapter 2, article VIII.

(4)

If the operator has not submitted the required report or if the operator has not provided substantial evidence of attempted compliance within 60 days of the first written notice of violation, the city manager may consider temporarily suspending the business license (if a business license was issued), under the provisions of chapter 14, business license, in addition to issuing further citations and penalties under chapter 2, article VIII. If the issue, complaints, or matter remains unresolved or addressed by the owner/operator within 90 days of the written notice of violation, the city manager may ask the city council to permanently revoke the business license, and/or further penalties and citations will be issued until the matter is resolved.

(Ord. of 9-21-2009, § 5.6E; Ord. No. 09-05202019, 9-9-2019; Ord. No. 11-03012021, § 54, 3-15-2021)

Note— Formerly § 60-1038. See editor's note for § 60-1035.

(a)

Any development that emits an air contaminant as defined by the state department of environmental protection shall comply with applicable state standards concerning air pollution.

(b)

No zoning or special exception permit may be issued with respect to any new development covered by subsection (a) of this section until the state department of environmental protection has certified to the city that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(Ord. of 9-21-2009, § 5.6F; Ord. No. 09-05202019, 9-9-2019)

Note— Formerly § 60-1039. See editor's note for § 60-1035.

No use may:

(1)

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or

(2)

Otherwise cause, create or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. of 9-21-2009, § 5.6G; Ord. No. 09-05202019, 9-9-2019)

Note— Formerly § 60-1040. See editor's note for § 60-1035.

(a)

Authorization. This article is adopted pursuant to title 30-A M.R.S.A. § 3001 and the city's home rule powers as provided for in article VII-A of the Maine Constitution and title 30-A M.R.S.A. §§ 2101 through 2109 and in accordance with the authority of the city to seek judicial remedies in order to protect the inhabitants of the city, the city as a municipal corporation, and individual residents of the city as provided for by the laws of the state, including, but not limited to title 17 M.R.S.A. §§ 2702, 2705 and 2706; title 30-A M.R.S.A. § 2002 and at common law.

(b)

Severability. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

(Ord. No. 09-05202019, 9-9-2019)

(a)

The purpose of this division is to provide protection against additional phosphorus export to Taylor Pond and Lake Auburn from new land uses and changes in existing land uses by ensuring that development within the watersheds does not generate more phosphorus than the water bodies can handle and by eliminating or reducing existing sources of phosphorus.

(b)

Phosphorus, a nutrient, stimulates algal growth, the main cause of water quality decline. The primary source of new and increasing phosphorus loading in the state lakes is land development: residential, commercial and industrial.

(Ord. of 9-21-2009, § 5.7A)

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:

Acceptable increase in lake phosphorus concentration (C) is based upon water quality and the city's selected level of protection. For Taylor Pond the number is 0.75; for Lake Auburn the number is .08.

Direct watershed means any land area which contributes storm-water runoff by either surface or subsurface flow to Taylor Pond or Lake Auburn without such runoff first passing through an upstream lake.

Future area to be developed (D) means an estimate of the acreage in the city's share of the direct watersheds that will be developed during the planning period of 50 years. For Taylor Pond, the estimated future developed acreage is 715.3; for Lake Auburn, the estimated future developed acreage is 435.1.

Lake Auburn means the Lake Auburn Watershed regulated by this chapter, which is all land areas within the direct watershed of Lake Auburn as defined on the attached map entitled Lake Auburn Watershed Overlay District Map.

Per-acre phosphorus allocation (P) means the acceptable increase of phosphorus export per acre in the watershed as determined by solving the following equation (P) = (FC)/(D). For Taylor Pond, the phosphorus allocation is 0.035; for Lake Auburn, the phosphorus allocation is 0.020.

Phosphorus export coefficient (F) means the amount of phosphorus export from the watershed each year that will produce a one ppb increase in the lake's phosphorus concentration. For Taylor Pond, the phosphorus coefficient is 35.26 lbs/ppb/year; for Lake Auburn, the phosphorus coefficient is 109.9 lbs/ppb/year.

Taylor Pond means the Taylor Pond Watershed regulated by this chapter, which is all land areas within the direct watershed of Taylor Pond as defined on the attached map entitled "Taylor Pond Watershed Map".

(Ord. of 9-21-2009, § 5.7B; Ord. No. 28-11202023, 12-4-2023; Ord. No. 11-07012024, 7-15-2024)

This division shall apply to all land areas within the direct watersheds of Taylor Pond and Lake Auburn. The following land uses shall be required to obtain a phosphorus control permit and conform to the standards contained in this division:

(1)

Any new building or structure with more than 200 square feet of ground floor area.

(2)

Any expansions or series of expansions of ground floor area of any existing building which increases the area of the ground floor by more than 30 percent of that which exists at the time of adoption of the ordinance from which this division is derived.

(3)

Any earth moving, brush and tree cutting which impacts 10,000 square feet or more whether accomplished as a single activity or as a series of activities beginning on the date of adoption of the ordinance from which this division is derived shall only meet the criteria contained in section 60-1069.

(4)

Road or driveway construction and reconstruction and parking area construction which affects more than 1,500 square feet of land area whether accomplished as a single activity or as a series of activities beginning on the date of adoption of the ordinance from which this division is derived shall only meet the criteria contained in section 60-1069.

(5)

All projects for which special exception, site plan and subdivision review is required.

(Ord. of 9-21-2009, § 5.7C; Ord. No. 15-05022022, 5-16-2022)

This division shall not apply to the following:

(1)

Changes of use within an existing structure where no ground floor expansion and/or road, driveway and parking area expansion is planned.

(2)

Timber management or harvesting operations conducted according to a management plan prepared and supervised by a registered forester (unless required by division 4 of article XII of this chapter) or the city water district.

(3)

Agricultural uses conducted according to a soil and water conservation plan approved by the Androscoggin County Soil and Water Conservation District.

(Ord. of 9-21-2009, § 5.7D)

Agriculture, silviculture, mining, chemical use and storage and waste disposal activities should be conducted in accordance with the best management practices (BMPs) as recommended by the department of environmental protection, the state soil and water conservation commission, the cooperative extension service or other appropriate public service agency. New roads and the reconstruction of existing roads, driveways, drainage diversions, ditches and roadside buffers should be designed for the worst storm conditions in accordance with the best management practices (BMPs) recommended by the department of environmental protection, the state soil and water conservation commission, the cooperative extension service or other appropriate public service agency.

(Ord. of 9-21-2009, § 5.7E)

A comprehensive erosion and sedimentation control plan, including a proposed program for the maintenance and periodic inspection of all control facilities which will remain after the project is completed and a designation of the responsible party, shall be submitted to the city planning, permitting, and code department as follows:

(1)

In the Taylor Pond Watershed, a plan designed in accordance with the applicable sections of the latest edition of Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorus Control Manual, Volume II & Technical Design Manual Volume III, March 2016, the latest edition of the Maine Erosion and Sediment Control Handbook and all building and environmental protection requirements of this Code. For dwelling units, the Basic Single Family Residential (SFR) Lot Standards of the latest edition of Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorus Control Manual, Volume II shall be used.

(2)

In the Lake Auburn Watershed Overlay District, a plan designed in accordance with the applicable sections of the latest edition of Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorus Control Manual, Volume II & Technical Design Manual III, March 2016, the latest edition of the Maine Erosion and Sediment Control Handbook, and all building and environmental protection requirements of this Code for dwelling units, the Basic Single Family Residential (SFR) Lot Standards of the latest edition of Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorus Control Manual, Volume II shall be used.

(Ord. of 9-21-2009, § 5.7F; Ord. No. 11-07012024, 7-15-2024)

All projects subject to review under the provisions of this division shall submit a phosphorus control plan and maintenance provisions meeting the standards set forth in design criteria of the Maine Department of Environmental Protection, Maine Stormwater Management Design Manual, Phosphorus Control Manual Volume II, March 2016.

(1)

Plan submission. Plans shall be submitted and processed in accordance with article XVI of this chapter. In addition to the requirements for submission under this article, the following instructions shall be provided:

a.

A long-term maintenance plan for all phosphorus control measures including provisions for inspection and repair, designation of responsible parties, contractual obligations and proposed deed restrictions.

b.

Hydrologic soil class of all areas to be cleared or where clearing will be permitted, with the area indicated in square feet of each lot using the appropriate method as described in the phosphorus control manual.

c.

All calculations and worksheets in the format of those contained in the phosphorus control manual and detailed construction specifications and diagrams for all control measures.

d.

A comprehensive erosion and sedimentation control plan, designed in accordance with the latest version of Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, October 2016, and all building and environmental protection requirements of this Code.

(2)

Review method.

a.

All projects shall use the standard review method and shall conform to the Phosphorus Allocation standard set forth in this division including the following: Expansions of four lot subdivisions which were previously approved using the simple review method.

b.

Projects meeting the following criteria may employ the simple review method:

1.

Minor subdivisions with four or fewer lots provided that these developments contain less than 200 feet of new or upgraded roads and/or all driveways serving residential uses are less than 150 feet in length.

2.

Activity which includes less than 200 feet of new or upgraded road construction.

(3)

Commercial and industrial development and expansions. Commercial and industrial development and expansions of commercial and industrial developments and the expansion of multifamily dwelling units, which involve less than 15,000 square feet of disturbed area. All other subdivisions including expansions of previously approved four-lot subdivisions which were reviewed using the simple review method and all other projects shall utilize the standard review method.

(Ord. of 9-21-2009, § 5.7G; Ord. No. 11-03012021, § 81, 3-15-2021; Ord. No. 10-03072022, 3-21-2022; Ord. No. 11-07012024, 7-15-2024)