Modifications to a previously approved site plan that do not involve substantial alterations to the site plan layout or substantial external enlargement of any building or structure.

Modifications to a previously approved subdivision plan (plat) that do not create any additional lots or new dwelling units.

Uses in Article III allowed by site plan, provided no changes to foundation or footprint area of existing structures are proposed.

Uses in Article III allowed by site plan, for the construction of a foundation area not exceeding 400 square feet that will have no significant impact on the neighborhood and on the environment, and provided that no more than one such project is permitted on a lot within a five-year period without major site plan review.

Evidence of right, title, or interest in the property.

Copy of deed and any existing covenants, conditions, or restrictions affecting the property.

General description of existing conditions on the lot and description of the proposed project.

Location map showing the general location of the property within the town.

U.S. Geological Survey topographic map of the property.

Sketch of existing and proposed conditions, including:

All parties agree to the submission.

The Planning Board has accepted submissions from the applicant on the same day on which the hearing is scheduled, in which case any other persons shall be given seven days to present any documentary evidence in response to such submissions.

The Planning Board has, pursuant to § 125-66Y, requested the submission of additional information, in which case all parties shall be allowed to submit evidence relating to the Board's request.

Purpose. The Planning Board, or the Planning Director in consultation with the Planning Board Chair may, at its discretion, schedule a site visit to proposed development locations to better understand the context and potential impacts of an application.

Timing. Site visits may be conducted at any point during the application review process, including prior to deeming an application complete, during compliance review, or before final decision-making.

Public Notice. All site visits shall be considered public meetings. Notice of the date, time, and location and purpose shall be provided in accordance with § 125-63H and be sent at least 10 days' prior to the site visit.

Conduct. Board members shall refrain from deliberations or decision-making during site visits.

Purpose. To facilitate community engagement and gather public input, the Planning Board, or the Planning Director in consultation with the Planning Board Chair may, at its discretion, require applicants to hold neighborhood meetings.

Timing. Such meetings should be held prior to the public hearing.

Notification. Applicants shall notify abutters and the Planning Director at least 10 days in advance of the meeting, providing details on the date, time, location, and purpose.

Documentation. A summary of the meeting, attendees, issues raised, and responses provided, shall be submitted with the application.

Refuse to grant site plan approval.

Refuse to issue a certificate of occupancy.

Refuse to sign or release any plat or mylar.

Issue a stop-work order for the project.

Lien the subject property for all amounts due.

Institute legal action to recover all amounts due together with all reasonable costs of collection, including attorneys' fees.

Construction drawings showing a plan view, profile and typical cross section of proposed and existing streets and sidewalks within 300 feet at fifty-foot intervals and at a distance sufficient to show the full drainage scheme of any proposed intersection;

Intersections of proposed streets with existing streets;

+*Roadway and right-of-way limits, including edge of pavement, edge of shoulder, sidewalks and curbs;

Kind, size, location, material, profile, cross section and inverts of each existing and proposed drainage structure, including its location with respect to existing natural waterways and proposed drainageways;

Complete curve data for all horizontal and vertical curves;

Turning radii at all intersections;

Center-line gradients;

The length of all straight lines, deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street;

Locations, dimensions, grades, radii and contours of required acceleration and deceleration lanes;

Design details for all improvements accessory to roads, sidewalks or other means of access, including driveways, bridges, curbs and bumpers;

Direction(s) of travel;

Locations of crosswalks;

*Proposed street names of proposed streets;

*The proposed name of any subdivision.

Groundwater withdrawal rates to exceed 300 gallons per day per well and/or 1,000 gallons per day for the development;

Lot sizes smaller than recommended by the nitrate analysis;

Public water supply on the site proposed for development;

Wastewater flows that exceed 2,000 gallons per day in one or more engineered septic systems;

Wells proposed to be located within 200 feet of the shoreline or farther than 200 feet from the shore but located adjacent to existing lots where wells are within 600 feet of the shoreline and lots are less than one acre in size;

Development on or within 300 feet of a mapped sand and gravel aquifer;

Development within 300 feet of an existing public water supply;

Wastewater disposal within 100 feet of a surface water body;

Quarrying/mining operations; and/or

Commercial/Industrial development.

Multiple wells in a sensitive setting (such as two or more wells proposed within 200 feet of the shore);

More than 15 lots served by on-site water and wastewater;

Lots smaller than 1/2 acre in size on average;

Engineered septic systems; and/or

Public water supply developed on site to serve the development.

Onsite drilling with locations recorded on Maine State Grid Coordinates, geologic logging, monitoring well installation, groundwater level measurement to NGVD29 datum, and background water quality measurements are required when any one or more of the following are proposed:

This drilling shall include a minimum of three wells. The minimum well requirement shall include one upgradient well, one downgradient well, and a well at another location on the site. If soil is greater than 10 feet thick, explorations shall be nested with both surficial and bedrock wells. Bedrock wells shall extend at least 50 feet into rock. On-site water quality testing shall include total coliform, E coli, sodium, calcium, magnesium, potassium, iron, manganese, arsenic, sulfate, nitrate as nitrogen, chloride, carbonate, bicarbonate. If salt water intrusion is a potential issue, testing shall include iodide and boron. If a waste material or recycled waste material other than residential sewage will be generated or stored on the site, water quality testing shall include tests for chemical constituents of the material that are soluble and for which a maximum contaminant level (MCL) or maximum exposure guideline (MEG) has been established by the Maine Department of Health and Human Services. Minimum detection limits for all parameters for which an MCL or MEG is established shall be no higher than the applicable standard.

Type and number of luminaire equipment (fixtures), including the cutoff characteristics, indicating manufacturer and model number(s).

Lamp source type (bulb type, i.e., high-pressure sodium), lumen output, and wattage.

Mounting height indicated, with distance noted to nearest property line for each luminaire.

Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated.

No off-street parking or loading or maneuvering space for off-street parking shall be located within the front or side setbacks of any district. This requirement shall not be construed to prohibit parking in any area of any driveway associated with single-family dwellings; provided, however, that in no event may a vehicle, in any district, be parked within five feet of a residential structure located on an abutting property in different ownership.

The area of the lot must equal or exceed the minimum lot area requirements for the district in which it is located or be buildable as a nonconforming lot of record; and

The area of the lot must equal or exceed the lot area per family requirement of the district regulations multiplied by the number of dwelling units on the lot.

Fences shall be set back 18 inches from the property line to allow both sides to be maintained from the land belonging to the owner of the fence and sufficient to allow compliance with driveway and sight distance standards found in Subsection E(27) and (20). Fences may be installed along a property line, provided that the abutting property owners consent to the location and agree to provide access for maintenance on the fence side separately and there is compliance with driveway and sight distance standards found in Subsection E(27) and (20).

Driveways and walks, only with respect to front setbacks.

Septic tanks and leach fields, except as necessary to comply with state law.

Signs, provided that no sign shall be located closer than five feet to a lot line unless the setback requirement in that district is less than five feet.

Lights and mailboxes.

Equipment and structures necessary for access to or egress from any existing structure by a person with a disability as such term is defined in 5 M.R.S.A. § 4553, as amended, provided that such equipment or structures shall comply with the applicable setback requirements to the greatest extent possible and shall not be used for any other purpose, such as, but not limited to, display, dining or waiting area or living space. However, such access to or egress from any nonresidential structure constructed after May 7, 1996, shall comply fully with all applicable setback requirements.

Trellises, arbors or other structures intended solely for the support of live plants; structures less than three feet in height used solely for containing live plants, such as raised bed planters, hollow piers or walls containing raised plant beds; and freestanding dry laid stone walls less than four feet in height. In no case may any of the above be connected to a principal structure or used as an enclosure that would extend the footprint of an accessory structure inside the required setback.

Essential services.

Structures for active recreation in a public or private park may be required to meet only the front setback.

Roadside stands.

Streetscape improvements, such as sidewalks, benches, public bike and walking paths and the like.

In the required front setback, the footprint of driveways and sidewalks required for access to a site from a public or private road shall not constitute lot coverage, except in the Shoreland Districts. In the application of this standard, any footprint area of the portion of driveways larger than the minimum width required under § 125-67E(26) shall constitute lot coverage; and any footprint area of a sidewalk that exceeds four feet in width or is wider than that required under § 125-67G(3)(a) shall constitute lot coverage.

In the required setbacks, essential services shall not constitute lot coverage.

The panels/arrays of the solar photovoltaic system, principal use (SPVS-PU), located over live ground cover with sufficient space between the panels/arrays and above the ground to allow sunlight for vegetation to grow shall be exempt from lot coverage calculations due to sharing of the space. All other SPVS-PU-related amenities such as, but not limited to, roads, etc., are not exempt from lot coverage calculations. Live ground cover includes, but is not limited to, native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.

Such off-site, off-street parking lots may not be farther than 500 feet from each entity requesting to utilize those spaces. This distance shall be measured following a reasonable, safe walking route between the primary use and the parking lot being utilized.

Such off-site, off-street parking lot shall be located in a district that permits the use of the principal building or use.

Dwellings: one parking space for each dwelling unit.

Transient lodging accommodations:

Schools: one parking space for each classroom plus one space for each four employees.

Health institutions (bed facilities only): one parking space for every three beds, plus one space for each employee, based on the expected average employee occupancy.

Theaters, churches and other places of public assembly: one parking space for every four seats or 10 spaces for every 1,000 square feet of assemblage space if no fixed seats.

Retail stores: two parking spaces for every 1,000 square feet of gross leasable area.

Restaurants, eating and drinking establishments: four spaces per 1,000 square feet of gross leasable area.

Restaurants, eating and drinking establishments - take out: two parking spaces per 1,000 square feet of gross leasable area.

Professional offices and public buildings: two parking spaces per 1,000 square feet of gross leasable area.

Marinas and nonresidential piers, docks and wharves: minimum of 30 parking spaces plus one parking space for each docking and mooring space.

Other commercial recreation establishments (mini golf courses, touring/sightseeing buses or boats, etc.): minimum of 15 parking spaces or the number deemed appropriate by the Planning Board in site plan review.

Industrial: one parking space per each 1.5 employees, based on the highest expected average employee occupancy, plus visitor and customer parking to meet the needs of specific operations.

Clubs (private). Any club organized after May 2, 1988, and any club in existence and operating on May 2, 1988, which plans an extension of its current operations shall provide off-street parking for a minimum of 10 vehicles and such additional number of off-street parking spaces as the Planning Board shall deem necessary after considering the evidence presented at site plan review.

Campgrounds: 200 square feet plus maneuvering space per recreational vehicle, tent or shelter site.

(Reserved)

Museums and art galleries: one parking space per each two employees.

Farmers' market: minimum of 1.5 parking spaces per number of vendors for which the farmers' market is approved, rounded to the next highest whole number.

Eleemosynary, educational or scientific institution, research facility, or research production facility: one parking space per each 1.5 employees, based on the highest expected average employee occupancy, plus visitor and customer parking to meet the needs of specific operations.

Automobile repair garage and automobile service station: one space for each service bay and each mechanic.

Wholesale business establishment: one space per 1,000 square feet of gross leasable area.

(Reserved)

Medical clinics: four parking spaces per 1,000 square feet of gross leasable area, plus a designated loading zone for ambulance and bus dropoff and pickup.

Nursing/convalescent homes: one parking space per employee on the largest work shift plus a designated loading zone for ambulance and bus dropoff and pickup.

Employee living quarters-1 and employee living quarters-2.

Shared accommodations.

Applicants must demonstrate that demands for parking are at different times of day (e.g., daytime vs. evening), different days (weekdays vs. weekends), or different seasons of the year; and that proposed uses will not occupy spaces at the same time. The Planning Board shall review requests to share parking on a case-by-case basis, using the following criteria:

If shared parking spaces are on an off-site parking lot, such parking lot may not be farther than 300 feet from each business requesting to share those spaces. This distance shall be measured following a reasonable, safe walking route between the main entrance of each business and the parking lot being shared.

A shared parking agreement shall be filed with the Planning Department of the Town of Bar Harbor. This agreement must specify the party or parties responsible for operating and maintaining the parking area, and for maintaining liability coverage for personal injury and/or property damage. The agreement must be approved by the Town Attorney prior to Planning Board approval.

Health institutions: in addition to ambulance spaces, one berth for the first 10,000 to 30,000 square feet of gross floor space plus one additional berth for each additional 30,000 square feet of gross floor space or portion thereof.

Lodging V and offices: one berth if over 10,000 square feet of gross floor area.

Retail, commercial, planned commercial and industrial groups, wholesaling, manufacturing and industrial uses: one berth if between 5,000 and 29,999 square feet of gross floor area; two berths if between 30,000 and 50,000; four berths if between 50,000 and 75,000; plus one additional berth for each additional 30,000 square feet of gross floor area.

Schools: one berth if over 15,000 square feet of gross floor area.

Undertakers and funeral homes: one berth plus one additional berth for each 5,000 square feet of gross floor space or portion thereof in excess of 5,000 square feet of gross floor area.

The applicant shall demonstrate by means of an affidavit from the Public Works Director, or their designee, that the proposed development will not cause an unreasonable burden on the Town's streets, sidewalks, and access.

New streets and intersections, and streets and intersections giving access to the development and neighboring streets and intersections which can be expected to carry traffic to and from the development shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use. No development shall reduce the street’s level of service below “D” as determined by using the capacity analysis procedures set forth in the 2000 Highway Capacity Manual, Special Report 209, as published by the Transportation Research Board.

Accessways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street.

The proposed development shall not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of highways or public roads, existing or proposed.

Where necessary to safeguard against hazards to traffic or pedestrians, or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets or for the connection of internal pedestrian walkways to the nearest public sidewalk when such sidewalk is reasonably close to the proposed development and it is reasonably anticipated that the users of the proposed development will regularly use such sidewalk in connection with their use of the proposed development.

Proposed streets shall conform, as far as practical, to the Bar Harbor Comprehensive Plan.

All streets within subdivisions shall be so designed that they will provide safe vehicular travel while discouraging movement of through traffic.

The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions and to public convenience and safety and their appropriate relation to the proposed use of the land to be served by such streets. Grades of streets shall conform as closely as possible to the original topography.

In the case of dead-end streets, where needed or desirable, the Planning Board may require the reservation of a twenty-foot-wide easement in the line of the street to provide continuation of pedestrian traffic or utilities to the next street. The Planning Board may also require the reservation of a fifty-foot easement in line with the street to provide for continuation of the street where future adjoining subdivision is possible.

Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Town under conditions approved by the Planning Board.

Where a development borders an existing narrow road (below standards set herein) or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require use of some of the land in the development, the developer shall be required to show areas for widening or realigning such roads on the plan, marked "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the plan when a proposed widening or realignment is shown on the Official Map. Land reserved for such purposes may not be counted in satisfying setback or yard or area requirements of this chapter.

Where a development abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets (street parallel to arterial street providing access to adjacent lots), reverse frontage (that is, frontage on a street other than the existing or proposed arterial street) with screen planting contained in a non-access reservation along the rear property line, or such other treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Two street connections with existing public streets, streets shown on the Official Map, or streets on an approved subdivision plan for which a performance guarantee has been filed and accepted:

Entrances of any streets onto existing or proposed collector streets shall not exceed a frequency of one per 400 feet of street frontage. Entrances of any streets onto existing or proposed arterial streets shall not exceed a frequency of one per 1,000 feet of street frontage.

Minor streets shall be so laid out that their use by through traffic will be discouraged.

Where the streets in a subdivision are to remain private, the following words shall appear on the recorded plan: "All streets in this subdivision shall remain private streets to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town."

All streets shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board:

In addition to the design standards above, dead-end streets shall be constructed to provide a cul-de-sac turnaround with the following requirements for radii: property line: 65 feet; outer edge of pavement: 50 feet; inner edge of pavement: 30 feet. Where the cul-de-sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul-de-sac. No dead-end street shall exceed a length of 2,000 feet.

Adjacent to areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial uses is contemplated by the municipality, the street right-of-way and/or pavement width shall be increased on each side by half of the amount necessary to bring the road into conformance with the standards for commercial streets in these regulations.

The center line of the roadway shall be the center line of the right-of-way.

Before any clearing has started on the right-of-way, the center line and side lines of the new road shall be staked or flagged at fifty-foot intervals.

Before grading is started, the entire width of the traveled way and shoulders shall be cleared of all stumps, roots, brush, and other objectionable material. All ledge, large boulders, and tree stumps shall be removed from the entire width of the traveled way and shoulders. Streets shall be rough graded to the full width of the traveled way and shoulders.

All organic materials shall be removed to a depth of two feet below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two feet below the subgrade of the roadway. On soils which have been identified by the Town as not suitable for roadways, the subsoil shall be removed from the street site to a depth of two feet below the subgrade and replaced with material meeting the specifications for gravel aggregate subbase below.

Except in a ledge cut, side slopes shall be no steeper than a slope of three feet horizontal to one foot vertical and shall be graded, loamed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge, a side slope no steeper than four feet vertical to one foot horizontal is permitted.

All underground utilities shall be installed prior to paving to avoid cuts in the pavement. Building sewers and water service connections shall be installed to the edge of the right-of way prior to paving.

Grades of all streets shall, within the limits stated above, conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.

All changes in grade shall be connected by vertical curves in order to provide the following minimum stopping sight distances based on the street design speed. Stopping sight distance shall be calculated with a height of eye at 3.5 feet and the height of object at 0.5 feet.

Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Comprehensive Plan or at other important traffic intersections. A minimum distance of 200 feet shall be maintained between center lines of side streets.

Where new street intersections are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the posted speed limit and conform to the table below. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.5 feet above the pavement. Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.

Street curbs and gutters shall be required on all streets within Maine State Highway Commission defined urban areas and shall be required at the discretion of the Planning Board in other areas. Granite curbing shall be installed on a thoroughly compacted gravel base of six inches minimum thickness. Bituminous curbing shall be installed on the base course of the pavement. The specified pavement width above shall be measured between the curbs. Where curb and gutter are not required, stabilized shoulders and proper drainage shall be the responsibility of the developer in compliance with the requirements herein.

The aggregate subbase course shall be sand and gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.

The aggregate base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.

Minimum standards for the base layer of pavement shall be the MDOT specifications for plant mix grade B with an aggregate size no more than one inch maximum. Minimum standards for the surface layer of pavement shall meet the MDOT specifications for plant mix grade C with an aggregate size no more than 3/4 inch maximum.

Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.

Sidewalks shall be installed at the expense of the developer where a subdivision abuts or fronts onto a street with existing sidewalks and such other locations as the Planning Board deems necessary. When installed, sidewalks shall be built to the following standards or to alternate specifications of equal or higher quality.

All esplanade or planting strip areas at sides of streets shall receive at least six inches of compacted topsoil (loam) free of stones over one inch in diameter, sods, and clay.

All roadways within the development shall be constructed according to road specifications herein as overseen by the Public Works Director or his designee.

Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblance to, the names of existing streets within the municipality and shall be subject to the approval of the Planning Board. Street name signs shall be furnished and installed by the developer. The type, size and location of signs shall be to the approval of the Planning Board.

No plan shall be approved unless the Planning Board finds that the Addressing Officer (as defined in Chapter 5, § 5-5) has issued written certification that proposed street names for proposed streets in the development comply with all requirements for the enhanced 911 system.

At least 75 feet in width along any line of any lot in a nonresidential district containing a nonresidential structure or use if said line abuts a residential district, provided that this requirement shall not apply to the Downtown Village District;

Along property lines to shield varying uses from one another;

Along property lines when necessary to block prevailing winds to stop wind-borne debris from leaving the site;

Along interior roads running parallel to roads exterior to the site in order to prevent driver confusion, particularly at night;

Along property lines when necessary to prevent any proposed lighting from interfering with residential property or with safe driving;

For all sites located within a two-hundred-foot corridor of Routes 3, 102 and 233 in accordance with Table 1.[1]

Along all parking areas to minimize their visual impact on adjoining traveled ways and properties.

To block from view from adjoining traveled ways and properties all loading areas, waste collection and disposal areas, parking areas for commercial vehicles and outdoor storage areas;

Consisting of barriers sufficient to deter entry to the site where a potential safety hazard to children exists on the site.

The elevation of the land above sea level and its relation to the floodplains.

The nature of the soils and subsoils and their ability to adequately support waste disposal.

The slope of the land and its effect on effluents, infiltration capacity, and potential for wastewater breakouts to the land surface.

The ecological impact on surface water bodies when waste water originating at the site eventually discharges.

Any applicable state and local health and water resource rules and regulations.

Reinforced concrete pipe. Reinforced concrete pipe shall meet the requirements of ASTM Designation C-76 (AASHTO M 170). Pipe classes shall be required to meet the soil and traffic loads with a safety factor of 1.2 on the 0.01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved preformed plastic jointing material such as "Ramnek." Perforated concrete pipe shall conform to the requirements of AASHTO M 175 for the appropriate diameters.

(Reserved)

ABS pipe. ABS (Acrylonitrile-butadiene styrene) composite pipe and fittings shall conform to the requirements of AASHTO M 264 and AASHTO M 265. Perforated pipe shall conform to the requirements of AASHTO M 36, Type III.

Corrugated plastic pipe. Corrugated plastic pipe shall conform to the requirements of AASHTO M 252.

Manholes. Manholes shall be of precast eccentric concrete truncated cone section or eccentric flat top construction meeting the requirements of ASTM Designation C 478. Bases may be cast-in-place 3,000 psi twenty-eight-day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and covers shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30, for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. Manholes shall be provided with polypropylene-coated steps. Frames and covers shall be brought to grade with a minimum of two courses and a maximum of five courses of brick.

Catch basins. Catch basins shall be of precast concrete eccentric truncated cone section or eccentric flat top construction meeting the requirements of ASTM Designation C 478. Castings shall be square cast iron sized for the particular inlet condition with the gratings perpendicular to the curbline. Bases may be cast-in-place 3,000 psi twenty-eight-day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and grates shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30, for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. Frames and grates shall be brought to grade with a minimum of two courses and a maximum of five courses of brick. Catch basins shall be provided with a two sump.

For areas used for residential or commercial purposes within 500 feet of the lot line of the source, it is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air.

For the purposes of this regulation, two odor measurements shall be made within a period of one hour, these measurements being separated by at least 15 minutes. These measurements shall be made outside the property line of the property from which the emission originates. The Barnebey-Cheney Scentometer, suitably calibrated, or any other instrument, device, or technique equivalent may be used in the determination of the intensity of an odor and may be used as a guide in the enforcement of this performance standard.

All lighting less than 1,800 lumens.

Lighting of places of worship and flags, emergency, as well as approved sports lighting.

The temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays is exempt from regulation, except where these lights may create a hazard or nuisance from glare. Light trespass requirements remain in effect; and, where possible, lighting should be full cutoff.

Lighting of signs in Appendix A listed as historic.

Use of full-cutoff fixtures. All lights greater than 1,800 lumens shall be shielded to direct all light towards the ground so that the lighting elements are not exposed to normal view and do not create or constitute a hazard or nuisance to motorists, pedestrians or neighboring residents.

Avoidance of light trespass. All light shall be directed away from adjacent properties. The light sources in flood- and spotlights shall not be directly visible from adjacent properties. For purposes of this subsection, abutting properties shall include properties that are separated from the lot being developed by a street, road or right-of-way.

Signs and advertising.

White string mini-lights meeting the requirements of holiday lighting are allowed as part of interior window displays, in trees, bushes, and shrubs as part of the landscaping, or under canopies as part of the regular lighting if they are compatible with the building.

Lighting reviewed by the Planning Board or the Design Review Board shall ensure that the style of the light and light standard is consistent with the architectural style of the principal building.

The maximum height of freestanding lights shall be the same as the principal building or be no higher than 25 feet, whichever is less.

All site plans and subdivisions filed after December 4, 2008, shall be in compliance with this section.

Any luminaires that direct light toward streets, parking lots or the water, that cause disability glare to motorists, cyclists, pedestrians or boaters, shall either be shielded or redirected as per enforcement action under Article X and shall not be subject to any nonconforming protections.

Any luminaire that replaces a nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this chapter.

Allow description of goods and services.

Enhance character of the area.

Enhance architectural elements of a building.

Use minimum wording and sign size to avoid cluttered appearance.

Encourage compatible materials, color, scale and design to provide consistency with the existing building and its environs.

Improve traffic, pedestrian and public safety; reduce distractions and obstructions.

Protect and enhance property values.

Respect the historical elements of a building, property and district.

Respect the scenic qualities of the Acadia Byway.

Signs installed by the Town of Bar Harbor, the federal government, or the State of Maine for the purposes of traffic control, traffic or pedestrian safety or convenience, as well as public notices and warnings.

Political signs on private properties or vehicles only, provided that such sign shall not exceed six square feet in sign area, shall not be placed in such location as to constitute a traffic or pedestrian safety hazard, and shall not be displayed for more than 42 days prior to the appropriate election or more than two days following such election.

Holiday decorations which contain no commercial messages and which are displayed during the appropriate season.

Fuel pump signs as required by state law are allowed and shall not affect the computation of allowable number of signs or aggregate sign area on a property.

Any sign within a structure, so long as the sign is not visible from other properties or from any street right-of-way.

Residential identification signs, showing resident's name and street address.

Flags of countries, states, counties, cities, religious and civic organizations.

National Register of Buildings or Places markers or other historic plaques.

Memorial signs and tablets.

Signs as listed and noted accordingly in Appendix A[2] as historic are exempt from calculations of maximum sign area and lighting requirements.

No sign shall hereafter be erected, altered, or changed except in conformity with the provisions of this chapter.

No sign, whether new or existing, shall be permitted that causes a traffic, health, or welfare hazard, or results in a nuisance due to illumination, placement, display or manner of construction.

No sign in a business district shall be located in the rear or side yard of any premises which abuts a lot in a residential district.

Unless otherwise allowed, signs located on private property shall be related only to goods or services sold or rendered on that property.

No sign shall have visible moving parts, or blinking, intermittent, or glaring illumination, or consist, in whole or in part, of pennants, ribbons, streamers, spinners or other similar devices. No light-emitting-diode (LED) motion signs are allowed. No sign or other advertisement shall include the use of smoke, vapors, noxious odors or noise. Analog clocks, analog thermometers, flags and banners otherwise permitted shall be allowed as the only exceptions to this subsection.

Outdoor neon signs are prohibited, except that neon signs containing only the words "Vacancy" or "No Vacancy" and limited to a maximum sign area of two square feet are permitted for transient lodging accommodations located in business and corridor districts.

No sign shall be erected, painted, drawn or attached to, or on any utility pole, tree, rock or other natural feature, except that this subsection shall not be deemed to prohibit the attachment to rocks of metal commemorative plaques.

Internally illuminated signs of Type 1, cabinet with translucent face, Type 3, channel letter, and Type 4 halo are prohibited in all districts.

Internally illuminated signs of Type 2-B, cabinet with light limiting face, 30% (or less) translucent face/70% (or greater) opaque background field, and Type 5-B, push-through lighting, 30% (or less) translucent/70% (or greater) opaque background field, are prohibited in all districts except for lots with frontage on Route 102, Route 3, or Route 233. They are also prohibited on lots with frontage on the section of Route 3 beginning in the north where it crosses over Eddie Brook and ending in the south where it crosses over Cromwell Brook, as shown in Figure 1.

The color temperature of an externally illuminated sign's light source shall not exceed 3,000 degrees Kelvin (K).

Signs in the State Department of Transportation Official Business Directional Sign Program as set forth in the Maine Traveler Information Services Act, 23 M.R.S.A. § 1901 et seq.

Signs created by public, civic, philanthropic charitable or religious organizations announcing an auction, public supper, lawn sale, arts and educational events, a campaign or drive or other like event or soliciting contributions. Such signs shall be removed within 72 hours of the close of the event.

Banners and signs for an event wholly within a Town park. The approval of any banners or signs within the park to advertise the event may be given by the Town Council or the Parks and Recreation Committee.

Signs located on the rolling stock of common carriers and on registered and inspected motor vehicles are permitted, except such signs which are determined by the Code Enforcement Officer to be circumventing the intent of these regulations.

Any restaurant may display its menu in a manner so that it is visible to persons passing by the outside of said restaurant provided that the displayed menu is no larger than the menus actually distributed to the restaurant's customers and provided that it is displayed in a frame or a box.

One on-premises real estate sign, and one off-premises directional sign not exceeding six square feet in total sign area, may be erected advertising the sale, lease or rental of the premises upon which the on-premises real estate sign is located and shall be removed by the owner or agent when the property is sold or leased.

Garage/yard sale and open house/studio signs, limited to one sign located on the property on which the garage/yard sale is taking place and one at each of no more than two intersections of public streets. Said sign shall be placed no more than two days prior to the sale event and removed within one day after the event.

One development or construction sign, not exceeding 20 square feet in sign area, may be erected 30 days prior to construction at the site of a construction project solely to identify the project and contractors and shall be removed within 30 days after completion of the project.

Directional signs solely indicating ingress and egress placed at driveway locations, containing no advertising material or display area, not exceeding two square feet in sign area, and not extending higher than three feet above ground level are permitted.

A sign indicating a business is open or closed, and/or a sign indicating hours of operation, not to exceed one each per entry and not to exceed more than one square foot in sign area each. In the case of a combination sign, it shall not exceed two square feet in total sign area.

Flags containing the word "OPEN" for businesses having frontage on Routes 102 or on Route 3 from the municipal boundary with Trenton to the intersection of West Street and from the intersection with Park Street to the municipal boundary with Mount Desert.

Internally lit vending and dispensing machines facing a residential district if screened to prevent the visibility of light from neighboring properties.

Home occupations. One sign identifying the name, address and profession or occupation of a home occupation is allowed provided that such sign is nonilluminated and does not exceed the maximum sign area requirements for the street on which the home occupation has frontage:

Sales flyers or other commercial notices not otherwise regulated, up to two square feet per tenant.

Safety and neatness. All signs must be kept clean, neatly painted, and free of all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in safe condition. The owner of any sign shall at all times maintain such liability insurance as may be required by the Code Enforcement Officer.

Removal of signs for a discontinued use. Unless otherwise required, any sign for a discontinued use or a past activity/event, shall be taken down and removed within 30 days. This provision shall not be construed to require the owners of seasonal businesses to remove signs at the end of each season.

Erected on private property only. All signs must be located on private property, with the exception of official business directional signs, as defined in 23 M.R.S.A. § 1903, and any other traffic or directional signs erected by the state or federal government or by the Town of Bar Harbor.

Maximum sign area. The aggregate area for signs for any premises shall not exceed two square feet per one foot of road frontage up to 100 square feet. Aggregate sign area may be increased upon review by the Code Enforcement Officer of multitenant sign plans, signage for property with multiple front property lines, and campus sign plans that meet the purpose and intent of the Sign Ordinance.

Maximum individual sign area. Unless otherwise approved by the Code Enforcement Officer, individual signs shall not exceed 24 square feet in the Downtown Village I and II and historic districts.

Wall signs. The maximum area of a wall sign shall not exceed 10% of the facade to which it is attached. Projecting wall signs shall have a minimum of 10 feet of clearance from the ground.

Roof signs. Roof signs are permitted only if the height of the sign is two feet or less and the top of the sign does not exceed the elevation of the top of the roofline upon which the sign is erected. No roof sign shall obscure the view of natural vistas as seen from any public park or right-of-way.

Window and door signs. Permanent window sign area and door sign area shall not exceed 30% of the window or door area.

Freestanding signs shall not extend more than 20 feet above ground level at their base, as defined by the natural contour of the ground. A freestanding sign shall adhere to the following maximum sign area requirements:

Setback. All freestanding signs shall be set back a minimum of five feet from any property line except in the downtown village districts.

Illumination. The illumination of all signs shall comply in all respects with the provisions of Subsection Z of this section.

Sign materials. Signs shall be in a material that is compatible with the architectural style and components of the building facade and its environs.

Building permits required. All signs except those otherwise exempted are required to obtain a building permit.

Wall signs, window signs, door signs, freestanding signs and roof signs.

Indoor neon signs visible from the street. Allowed neon signs shall be for the purpose of displaying whether the business is open or the general type of merchandise available for purchase. Neon signs are part of the calculation for allowed signage and shall not exceed two square feet in total.

Banners and signs for Chamber of Commerce events, drives and large gatherings, previous Merchant's Flag Program, sales flyers totaling more than two square feet per tenant and other advertisements not otherwise regulated. The Code Enforcement Officer shall review the location, color, and size, compatibility of design, quantity, and length of time for display. Such displays shall not visually impede upon existing commercial signs, nor block public views in public parks.

Off-premises signs. Off-premises signs, excluding official business directional signs as defined in 23 M.R.S.A. § 1903, may be constructed, erected or maintained only in accordance with the following:

Property owners of multitenant buildings shall submit an overall signage plan for their property. No individual sign shall be approved on a multitenant building unless a signage plan has been submitted and approved by the Design Review Board. The signage plan need not show the specific message content for any individual sign contained therein. In addition to Table 2,[3] the signage plan shall show:

Sandwich signs or boards.

Taxi or tour stand signs.

Activity/program signboard: chalkboard, tack board, grease board or wood panel.

Other portable signs not otherwise listed unless specifically prohibited.

Campus signage. In the Educational Institution, Marine Research and Scientific Research Districts, a campus sign plan shall be submitted to the Code Enforcement Officer. This plan shall show the entire campus site plan, outlining the location and design specification for entry point signs, internal building signs, directional signs and any other pertinent signage. The review will be to determine adequate locations, ease and safety for finding parking and buildings, and cohesiveness of overall design theme.

Awning or canopy:

Kiosks for the purpose of visitor way-finding and general information sponsored and maintained by either the Town of Bar Harbor or a private nonprofit agency.

Internally illuminated signs: opaque background only and allowable only on Routes 102 and Route 3 outside of the Downtown Village Districts and historic districts.

Exemptions. The following activities are not subject to a building permit:

Defined. A legally existing nonconforming sign is a sign that lawfully existed immediately prior to July 2009 which, as a result of the enactment of the 2009 Bar Harbor Land Use Ordinance, or any subsequent amendment, presently fails to comply with any of the requirements of the Land Use Ordinance. Any other sign that fails to comply with any of the requirements of this chapter or its amendments is an illegal nonconformity.

General policies.

Continued use of nonconforming signs. The use or display of any legally existing nonconforming sign may be continued, but only in strict compliance with the following:

The proposed development will not cause an unreasonable burden on the Fire Department's ability to deliver fire-protection services;

The Fire Chief or his/her designee has reviewed the applicant's proposed locations for fire hydrants, dry hydrants and fire ponds, and other sources of water to combat fire within the development and approves of same;

The Fire Chief or his/her designee has reviewed the location, dimension and construction of proposed access to the site for fire-fighting equipment and other emergency vehicles and approves of same;

The Fire Chief or his/her designee, unless the Fire Chief has deferred to the State Fire Marshal's Office or unless the approval of the State Fire Marshal's Office is required by law, has reviewed preliminary construction plans for the proposed development and certifies that such plans comply in all respects with applicable Life Safety Codes (NFPA 101).

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 to 4209), or subsequent revisions thereof.

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, streams, tributary streams, significant vernal pools, 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.

Agriculture practices shall be conducted in such manner to prevent soil erosion, sedimentation, and contamination or nutrient enrichment of surface waters.

There shall be no tilling of soil in a resource protection district, tilling of soil in excess of 20,000 square feet lying either wholly or partially in any other shoreland district, or spreading, disposal or storage of manure in any shoreland district unless:

There shall be no 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 and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams, significant vernal pools, and freshwater wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.

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 and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams, significant vernal pools, 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 soil and water conservation plan.

On slopes greater than 25%, there shall be no grading or filling within 100 feet of the shoreline or upland edge of a wetland except to protect the shoreline and prevent erosion.

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

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.

Natural and man-made 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 twenty-five-year storm or greater and shall be stabilized with vegetation or lined with riprap.

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

The location shall not interfere with developed beach areas.

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

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 in nontidal waters shall not be wider than six feet for noncommercial uses.

The facility shall provide or have access to such sewage disposal facilities as may be required by state law or as may reasonably be required to accommodate the reasonably anticipated needs of its users and to minimize the possibility of intentional or accidental discharges of raw sewage into the water.

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending below 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. Buildings which are constructed and used for the purpose of providing public safety services that are related in any way to activities on or near a water body shall be deemed to require direct access to the water body as an operational necessity and shall be exempt from the provisions of § 125-68.

New permanent piers and docks on nontidal waters 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.

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

Except in the shoreland general development districts, structures built on, over or abutting a pier, wharf, dock or other structure extending below 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. NOTE: Permanent structures extending over or below the shoreline shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.

Notwithstanding and in addition to any other provision of this chapter, no person shall be permitted to construct or to operate a pier, dock or wharf, or other similar facility, or any water-related structure, that allows direct passenger disembarkation from, or embarkation onto, cruise ships capable of carrying more than 500 passengers; and further, no person shall be permitted to construct or to operate a pier, dock or wharf, or other similar facility, or any water-related structure, that is over 300 feet in length. These prohibitions are applicable regardless of whether such pier, dock or wharf, or other similar facility, or any water-related structure, is a stand-alone facility or is part of a passenger terminal.

Land below the normal high water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

If any lot in a proposed subdivision has shore frontage on a river, stream, brook, great pond or coastal wetland, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than five to one.

Water crossings shall be kept to the minimum number necessary;

Bottoms of culverts shall be installed at stream bed elevation;

All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible; and

Bridges or culverts of adequate size and design shall be provided for all road crossings of watercourses which are to be used when surface waters are unfrozen. The requirement for a bridge or culvert may be waived by obtaining a permit from the Planning Board.

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; 75 feet, horizontal distance, from the normal high water line of other water bodies, tributary streams, or the upland edge of a freshwater wetland; 25 feet from a significant vernal pool; and 25 feet from the upland edge of a forested wetland, unless no reasonable alternative exists, as determined by the Planning Board, Planning Department or Code Enforcement Officer, as applicable. If no other reasonable alternative exists, the Planning Board, Planning Department or Code Enforcement Officer, as applicable, may reduce the road and/or driveway setback requirement, which shall be to no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include but are not limited to the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%. This subsection shall apply neither to approaches to water crossings nor 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.

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.

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 as 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, significant vernal pool, or upland edge of a wetland.

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 Subsection B(4) of this section.

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

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, significant vernal pool 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.

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

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.

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the shoreline 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, significant vernal pools or the upland edge of a wetland, and for properties located in the Shoreland General Development III and IV District; except that in the Shoreland General Development I and II Districts, the setback from the shoreline shall be at least 25 feet, horizontal distance. 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. In the Stream Protection District any structure associated with a "municipal facility or grounds" or with "uses or small structures accessory to permitted uses or structures" be set back 75 feet, horizontal distance, from the shoreline, unless a variance is obtained from the Board of Appeals. In Resource Protection the setback requirement from the shoreline for wind turbines shall be 250 feet horizontal distance unless a variance is obtained from the Board of Appeals. In the Stream Protection District the setback requirement from shoreline for wind turbines or municipal facilities and grounds shall be 75 feet horizontal distance unless a variance is obtained from the Board of Appeals. In addition:

Notwithstanding the dimensional, setback and coverage requirements of the applicable district and the requirements of § 125-67H, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer for structures 400 square feet or less in area and from the Planning Board for structures greater than 400 square feet in area 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.

In a shoreland area zoned as 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 and removal clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection B(13)(a) above, and 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, 75 feet, horizontal distance, from any other water body, tributary stream, stream, significant vernal pool or the upland edge of a freshwater wetland, and 25 feet from the upland edge of a forested wetland, a buffer strip of vegetation shall be preserved as follows:

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, significant vernal pools, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty-percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area. In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the shoreland district or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the shoreland general development districts.

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

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection B(13).

The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of Subsection B(13) apply;

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Subsection B(13) are not applicable;

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

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Subsection B(13) are complied with;

The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects provided that the removal of vegetation is necessary for remediation activities to clean-up contamination on a site in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the Commissioner that is part of a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A. section 343-E, and that is located along:

The removal of non-native invasive vegetation species, provided the following minimum requirements are met:

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

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

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

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

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

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

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

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

Auto washing facilities.

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

Chemical and bacteriological laboratories.

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

Commercial painting, wood preserving, and furniture stripping.

Dry-cleaning establishments.

Electronic circuit assembly.

Laundromats, unless connected to a sanitary sewer.

Metal plating, finishing, or polishing.

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

Photographic processing.

Printing.

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 Shoreland General Development I and II Districts 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.

Parking areas shall be adequately sized for the proposed use, shall comply with the requirements of § 125-67E 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.

In determining the appropriate size of proposed parking facilities, the following shall apply if stricter than the requirements of § 125-67E:

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

The installation of essential services, other than roadside distribution lines, is not allowed in a resource protection or stream 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.

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

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

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.

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.

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.

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 landowner is required.

A recreational vehicle, tent or similar shelter may not be placed on site for more than 120 days per year.

Individual, private campsites are for personal use of the property owner and may not be rented or leased.

Sign area shall not exceed six square feet in area and shall not exceed two signs per premises. Off-premises signs shall be prohibited.

Residential users may display one sign not over three square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two square feet in area.

Signs relating to public safety shall be allowed without restriction.

Shall seek minor site plan review as per § 125-58B(5) if non-family members are employees; approvals shall be based upon meeting the criteria herein;

The use of the dwelling for a home occupations shall be incidental and subordinate to its residential use; however, any accessory structure may be fully dedicated to the home occupation;

Up to five non-family members may be employed; however, the owner of the business must reside on the premises;

The area for any exterior displays or materials storage shall be counted towards lot coverage requirements in the district;

Accessory structures dedicated to the home occupation shall not be located in the front yard;

Up to 40% of the dwelling unit floor area may be dedicated to the home occupation; unfinished basement and attic spaces are not included in this calculation.

There may be up to two non-family-member employees;

Not more than 30% of the dwelling unit floor area shall be dedicated to home occupation, provided that for purposes of this calculation, unfinished basement and attic spaces are not included.

The use of a dwelling unit or its accessory structure for a home occupation shall clearly be incidental and subordinate to its use for residential purposes.

A home occupation must be carried on wholly within a dwelling unit or a structure customarily accessory to a dwelling unit.

A home occupation must be conducted by a member or members of the family residing in the dwelling units.

A home occupation must not materially injure the usefulness of the dwelling unit or accessory structure for normal residential purposes.

A home occupation shall be allowed no exterior display, no exterior sign other than those permitted in § 125-67BB(4)(m), no exterior storage of materials, no retail sale of goods except those produced upon the premises and those which are clearly incidental to the providing of service involved in a home occupation, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

Not more than 20% of the dwelling unit floor area shall be dedicated to home occupation, provided that for purposes of this calculation, unfinished basement and attic spaces are not included;

One accessory structure. The floor area utilized in the accessory structure shall not exceed 50% of the total floor area of the dwelling unit as previously calculated.

Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours shall not be permitted of a home occupation.

The traffic generated by a home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.

In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for any employees allowed above and for the vehicles of the maximum number of users a home occupation may attract during peak operating hours.

For purposes of this chapter, use of residential buildings for transient accommodations shall not be considered a home occupation but rather shall be governed by other provisions of this chapter.