General standards. All manufactured housing unit installations shall:

Mobile homes manufactured before June 16, 1976. Any mobile home unit manufactured before June 16, 1976, shall meet the following criteria:

Modifications. No modifications may be made to any a mobile home or manufactured housing unit unless it is in compliance with HUD standards.

The following shall apply to lots served by public sewer:

The following shall apply to lots served by individual subsurface wastewater disposal systems:

The following shall apply to lots served by a central subsurface wastewater disposal system:

The overall density of a manufactured housing community served by a central subsurface wastewater sewage disposal system shall be no greater than one unit per 20,000 square feet of total manufactured housing community area.

Where lots front on a curved right-of-way or are served by a driveway, the frontage requirement shall be measured in a straight line perpendicular to the setback line.

Lots within a shoreland zone, as defined in chapter 82, shall meet the lot area, lot width, setback, and shore frontage requirements for that shoreland zoning district.

The overall density of the manufactured housing community shall not exceed the maximum density permitted of the zoning district in which the manufactured housing community is located. The overall density shall be based on the combined area of its mobile home lots plus:

Privately owned roads within a manufactured housing community shall be designed by a professional engineer licensed in the state, and shall be built according to road construction standards in chapter 98.

Roads within a manufactured housing community which are to be offered for acceptance by the City shall meet the minimum road standards of chapter 98.

Roads shall have a minimum right-of-way of 23 feet, of which 20 feet shall be paved. This provision shall supersede the road width requirement found in chapter 98 unless the manufactured housing community constitutes a total land area of 20 or more acres.

A road in a manufactured housing community which intersects with public roads shall meet the following standards:

A fifty-foot-wide buffer strip shall be provided along all property boundaries of a mobile home park that:

No structures, streets or utilities may be placed in the buffer strip, except that they may cross a buffer strip to provide services to the manufactured housing community.

Minimize the adverse impacts of such facilities, including visual impacts, environmental impacts, impacts to historically significant areas, health and safety impacts and property value impacts.

Encourage co-location of carriers and minimize the total number of towers located within the City.

Permit the construction of new towers only where all other reasonable opportunities have been exhausted.

Encourage the users of towers and antennas to configure them in a way that minimizes the need for additional towers in the City.

Provide for the removal of structures which are no longer being used for telecommunications purposes.

Allow the construction of "stealth telecommunications facilities" through-out the City, which should allow alternatives to carriers to provide good quality telecommunications services and which could minimize the total number of towers located within the City.

Permits for all new telecommunications facilities which are 60 feet or greater in height (the threshold height) must conform to the requirements of this division prior to a building permit being issued.

New telecommunications facilities that are less than 60 feet in height (below those threshold heights) shall be considered a permitted accessory use, and shall need only a building permit from the Code Enforcement Officer, if such telecommunications facility is accessory to a principal use (permitted or permitted with Planning Board review) on a lot and is used for the private communications of the business located on the lot.

All telecommunications facilities proposing to locate on an existing tower that is greater than the threshold height as set forth in this section shall be considered permitted uses requiring Planning Board review and must conform to the provisions of this chapter and chapter 90, pertaining to site plan review, prior to requesting a building permit from the Code Enforcement Officer.

Permits for all stealth telecommunications facilities shall be considered permitted uses requiring Planning Board review and shall be subject to the review procedure and performance standards identified in sections 102-1039, 102-1040, and 102-1041.

All applications under this division shall be reviewed by the Planning Board in accordance with the procedure, standards and submission requirements of this chapter. The Planning Board shall apply the standards of chapter 90, pertaining to site plan review, and the provisions of this chapter in the review of such applications.

Applicants who are required to obtain a permit in compliance with this chapter shall submit an application to the Code Enforcement Officer for review by the Planning Board. The Code Enforcement Officer shall review the application and determine if it contains sufficient information, as required by this chapter and chapter 90, to schedule the application for Planning Board review. The Code Enforcement Officer shall schedule the application for the next available agenda after determining that a complete submission has been made. The Planning Board, however, shall decide if an application is complete and contains all information necessary to schedule a public hearing and to make a determination. The Planning Board shall decide to approve, approve with conditions, or deny a permit within 90 days of its decision that an application is complete, or within another time limit as may be otherwise mutually agreed to by the board and the applicant.

The Planning Board shall schedule a public hearing within 30 days of determining that it has a complete application. Notification of the hearing shall be provided as follows:

The Planning Board shall conduct a public hearing, review the application, and issue a finding of fact order which outlines the reasons it approves or denies the telecommunications facilities application. The board shall use the standards identified in this chapter, as well as the standards in chapter 90, to make its decision. The Planning Board may establish reasonable conditions to ensure conformity with the purposes of this chapter, chapter 90 and the adopted comprehensive plan of the City.

Factors the Planning Board shall consider in making decisions under section 102-1034 are as follow:

The Planning Board may use any technical and professional services necessary to assist in its review of a facility application. Services may include but are not limited to an analysis of shared use, an analysis of visual impact, an analysis of the structure satisfying federal and state requirements, analysis of alternative sites, and other issues required to satisfy the requirements of this division. The applicant shall be required to pay all costs involved with these professional services prior to the City incurring such expenses.

The Code Enforcement Officer may use professional and technical services to inspect construction of an approved project. The applicant shall pay all costs incurred for these inspection services.

Increase in height of existing towers. No existing tower may be increased in height unless it is in compliance with the provisions of this chapter and chapter 90, pertaining to site plan review.

Maximum height. Towers, antennas and facilities shall not exceed a height of 150 feet, except that, where evidence of acceptable design and co-location is provided to the Planning Board, an additional 25 feet per each additional user is permitted, based upon signed agreements to be filed with the Code Enforcement Officer prior to the issuance of any building permit. No telecommunications facility shall exceed a height of 200 feet.

Setbacks.

Aesthetics, landscaping, buffers and fencing.

Investigation of existing alternative towers, sites and structures and stealth telecommunications facility locations. Applicants shall identify all existing and proposed towers, including their heights, located in the City and within at least one mile of the City's boundaries. Applicants must provide evidence of the lack of antenna space on all such towers, except in a case where tower access is denied by tower owner, and shall identify potential stealth telecommunications facility locations and sites which have been investigated as an alternative to constructing a new tower. Applicants shall address the pros and cons of utilizing co-location and stealth telecommunications facility locations with respect to their application and shall demonstrate that they cannot provide adequate communication service utilizing such existing towers or structures. Further, applicants shall demonstrate the amount of the City area that will be served by the proposed new facility and existing facilities operated by the applicant, and address how and when they plan to provide service throughout the Belfast market.

Co-location. The applicant and owner shall allow for other future wireless service carriers, including providing space at no charge to public agencies (namely police, fire, ambulance, communications and highway agencies if requested at the time of review by the Planning Board), provided they are using functionally equivalent personal wireless technology, to co-locate antennas, equipment and facilities on a telecommunications tower and site, unless satisfactory evidence is presented and the Planning Board concurs that technical constraints prohibit co-location. Applicants and other wireless service carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for reasonable sharing of cost in accordance with industry standards. A reasonable charge for shared use is based on generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference, all being pertinent to the Mid Coast Maine Market Area. To ensure co-location, the Planning Board may require co-location on a tower so as to prevent the need for new carriers to build new towers, may deny an application for a telecommunications facility because of inadequate provisions and/or arrangements for co-location and may require an existing tower to be extended in height (provided that a structural analysis indicates that such extension is structurally feasible and safe) in order to provide for co-location; provided, however, that the Planning Board may do so only if the co-location fee or payment required of the applicant by the owner of the existing tower is no more than 10% above the industry average for similar co-location arrangements.

Other requirements.

Location of the proposed structure, including map/lot and street address.

Name of the owner or operator of the telecommunications facility and owner of property.

Proof of right, title and interest to use the property on which the telecommunications facility is proposed.

Names of companies responsible for constructing and/or maintaining the telecommunications facility.

Date the telecommunications facility was initially constructed or is proposed to be constructed.

A description and construction details of the telecommunications facility, including a plot plan identifying the location of the tower on the property, dimensions of the tower, structural supports, if any, lighting, color, and equipment located on the structure, if any. This description shall identify any accessory structures that are essential to operation of the telecommunications facility.

A topographic map, drawn at a scale of one inch equals 50 feet, or other appropriate scale as determined by the Planning Board, of the property proposed as the location of the structure. The topographic map shall identify accurate dimensions of the property; contours at not less than five-foot intervals (or other appropriate scale as determined by the Planning Board); existing vegetation, particularly noting height, diameter, density, quality, and type (deciduous or evergreen) of existing trees; wetlands, floodplains, streams and open bodies of water; ledge outcrops; soils data, medium intensity; all existing structures on the property; any rights-of-way, easements, or similar encumbrances on the property; and other significant features.

A locus map drawn at a scale of not less than one inch equals 100 feet, or other appropriate scale as determined by the Planning Board, that identifies all properties, all residential structures, all non-residential structures, all roads, and the natural topography (vegetation and contours at twenty-foot intervals) of the area located within a radius of 1,000 feet of the proposed telecommunications facility location.

A landscape plan prepared at a scale of one inch equals 50 feet, or other appropriate scale determined by the Planning Board, that identifies how the applicant shall satisfy landscaping, screening and buffering requirements.

A visual impact analysis prepared by a landscape architect or other qualified professional that qualifies the amount of visual impact on properties located within 500 feet, within 2,500 feet and within two miles of the proposed telecommunications structure. This analysis will include recommendations to mitigate adverse visual impacts on such properties.

An analysis prepared by a qualified professional that describes why this site and structure is critical to the operation for which it is proposed. The analysis shall address, at a minimum, existing and proposed service area maps; how this structure is integrated with other company operations, particularly other structures in the City and surrounding communities; future expansion needs in the area; the affect on company operations if this structure is not constructed in this location; other sites evaluated for location of this structure and how such sites compare to the proposed site; other options, if, any which could be used to deliver similar services, particularly if the proposed equipment can be co-located (shared use) on an existing structure; and an analysis of the projected life cycle of this structure and location. Further, the analysis shall address how this facility will further the applicant's ability to provide telecommunication services to persons who reside throughout the Belfast market.

Certification by a structural engineer that construction of the structure shall satisfy all federal, state and local building code requirements as well as be able to satisfy the needs of maximum permitted co-location at the site (as approved by the Planning Board) per height limits of the applicable zoning district and this division.

Payment of all required performance guarantees as a condition of plan approval, with a note on the plan so stating.

Payment of permit application fees.

Guarantee of installation of improvements. No building permit may be issued for facilities regulated by this division until the applicant has filed a performance guarantee with the City manager, subject to the approval of the City attorney, equal to 110% of the cost of completing the following improvements:

Guarantee of removal of abandoned facilities.

All applications for a stealth telecommunications facility shall be reviewed by the Planning Board in accordance with the procedure identified in section 102-1039. The board, in its deliberations regarding the issuance of a use permit, must find that such application satisfies the requirements of sections 102-1040 and 1041 and the standards that apply to the underlying zoning district in which the facility is proposed.

Applicants who are required to obtain a use permit for a stealth telecommunications facility shall submit an application to the Code Enforcement Officer for review by the Planning Board. The Code Enforcement Officer shall review the application and determine if it contains sufficient information required in this section to schedule the application for Planning Board review. The Code Enforcement Officer shall schedule the application for the next available agenda after determining that a complete submission has been made. The Planning Board, however, shall make a finding that an application is complete and contains all information necessary to conduct a public hearing and to make a determination. The Planning Board shall decide to approve, approve with conditions, or deny a permit within 45 days of its decision that an application is complete, or within another time limit as may be otherwise mutually agreed to by the board and the applicant.

The Planning Board shall schedule a public hearing at the initial meeting at which an application is reviewed to determine if it is complete. Notification of the hearing shall be provided as follows:

The Planning Board shall conduct a public hearing, review the application, and issue a finding of fact order which outlines the reasons it approves or denies the stealth telecommunications facilities application. The board shall use the standards identified in sections 102-1040 and 102-1041 and the underlying zoning district to make its decision. The Planning Board may establish reasonable conditions to ensure conformity with the purposes of sections 102-1040 and 102-1041, the underlying zoning district and the adopted comprehensive plan of the City.

Each applicant requesting a permit under this division shall submit a scaled plan and application that complies with the requirements identified in section 102-1037, except those identified in subsections (7), (8), (10), (12) and (13).

Factors the Planning Board shall consider in making decisions pursuant to section 102-1039 are as follow:

The Planning Board may use any technical and professional services necessary to assist in its review of a facility. Services may include but are not limited to an analysis of shared use, an analysis of visual impact, an analysis of the structure satisfying federal and state requirements, analysis of alternative sites, and other issues required to satisfy the requirements of this division. The applicant shall be required to pay all costs involved with these professional services prior to the City incurring such expenses.

The Code Enforcement Officer may use professional and technical services to inspect construction of an approved project. The applicant shall pay all costs incurred for these inspection services.

The appearance of the stealth telecommunications facility shall blend with the design of the primary structure on/in which it is located so that its appearance is masked, and to the greatest extent practical, not discernable from the appearance of the primary structure. In the case of a water standpipe, the height of the telecommunications facility above the height of the standpipe shall be the minimum necessary to achieve the purpose of the user, and such height shall not be disproportionate to the height of the standpipe or result in it being markedly visible from adjacent properties.

All accessory facilities to the stealth telecommunications facility shall be appropriately screened. Techniques to achieve this standard include but are not necessarily limited to landscaping, fencing, and/or constructing an accessory building to support the facilities/equipment.

The applicant shall construct improvements and adopt operational procedures that minimize the amount of adverse impact on surrounding uses and properties associated with operation of the stealth telecommunication facility and accessory equipment, particularly noxious impacts such as but not necessarily limited to noise, odor and lighting.

All stealth telecommunication facilities shall comply with requirements of the underlying zoning district in which the facility is located. Notwithstanding this requirements, a stealth telecommunications facility may be located on a nonconforming lot or in a structure that is non-conforming with respect to dimensional requirements, provided the stealth telecommunications facility does not result in the creation of any new nonconformities.

The City Planning Board shall review the following applications for a bed and breakfast establishment to determine compliance with all applicable standards of this chapter. The zoning districts in which a bed and breakfast establishment is permitted are as provided in article V of this chapter.

A bed and breakfast which obtained its initial license prior to July 6, 1999, and which does not conduct either small functions or special functions or which does not increase the number of rental rooms it operated as of July 6, 1999, shall be exempt from the standards of this division.

All classes of bed and breakfast establishments shall satisfy the requirements or standards in article IX of this chapter and article VIII, division 2 of this chapter.

All classes of bed and breakfast establishments shall obtain the appropriate class of an annual bed and breakfast license from the City Council and shall provide evidence to the Planning Board that any and all other required City, state and federal requirements have been satisfied.

There shall be no substantial alterations to the exterior appearance of the structure that would change its residential character. Alterations such as fire escapes, stairways, ramps and similar improvements which may be required to satisfy health and safety or handicap accessibility improvements may be permitted, provided such improvements are consistent with the architectural appearance of the structure.

Parking.

Conduct of small functions. A class 2 bed and breakfast may host small functions. Small functions may involve the serving of food, beverages and alcoholic beverages, provided the bed and breakfast has obtained all required City, state and federal licenses. All small functions shall occur between the hours of 7:00 a.m. and 10:00 p.m. Outside entertainment and activities may occur, provided all permanent and temporary structures used to host the activities satisfy the minimum structure setback requirements identified in this chapter. Live music, acoustic only, with no amplification, may occur between the hours of 9:00 a.m. and 9:00 p.m. No outside lighting may be used at the small function which would cause an adverse impact on any neighboring property. No glare is permitted beyond the lot line.

Sanitary facilities for small functions. All sanitary facilities for a small function shall be provided within the bed and breakfast operation. A class 2 bed and breakfast which hosts small functions which is not served by public sewer shall provide evidence to the planning board that the on-site subsurface wastewater disposal system has adequate capacity to allow it to host such functions.

Limit on number of small functions. There is not a specific limit on the number of small functions which a class 2 bed and breakfast may conduct in any given week, month or calendar year. The planning board, however, shall have the right to establish reasonable limits on the number of small functions which a specific class 2 bed and breakfast may conduct. Issues which the planning board may consider in establishing limits regarding the number of small functions shall include but are not limited to the following:

Parking.

Conduct of functions. A class 3 bed and breakfast may host small functions and special functions. Small functions and special functions may involve the serving of food, beverages and alcoholic beverages, provided the bed and breakfast has obtained all required City, state and federal licenses. All small functions and special functions shall occur between the hours of 7:00 a.m. and 10:00 p.m. Outside entertainment and activities may occur, provided all permanent and temporary structures used to host the activities satisfy the minimum structure setback requirements identified in this chapter. Live music, acoustic only, with no amplification, may occur between the hours of 9:00 a.m. and 9:00 p.m. In addition, no outside lighting may be used at the small function which would cause an adverse impact on any neighboring property. No glare is permitted beyond the lot line.

Sanitary facilities for functions. All sanitary facilities for a small function or special function shall be provided within the bed and breakfast operation. A class 3 bed and breakfast which hosts small functions and special functions which is not served by public sewer shall provide evidence to the planning board that the on-site subsurface wastewater disposal system has adequate capacity to allow it to host such functions.

Special functions. A class 3 bed and breakfast may conduct a maximum of six special functions in a calendar year, and no more than one of such special functions shall occur per month in July, August and September. The bed and breakfast shall provide the code enforcement officer a minimum of 30 days' advance written notice of any special functions that will be held.

Small functions. There is not a specific limit on the number of small functions which a class 3 bed and breakfast may conduct in any given week, month or calendar year. The planning board, however, shall have the right to establish reasonable limits on the number of small functions which a specific class 3 bed and breakfast may conduct. Issues which the planning board may consider in establishing limits regarding the number of such small functions are identified in section 102-1065(d).

A bed and breakfast, all classes, may serve meals to transient guests, and may serve a dinner meal to non-guests. A dinner meal is a meal that occurs after 5:00 p.m. on a single day.

A bed and breakfast shall comply with the following standards to serve meals to guests and a dinner meal to non-guests:

A bed and breakfast shall comply with the following additional standards to serve a dinner meal to non-guests:

A private person who proposes an activity that qualifies as a significant groundwater well shall submit the following information to the Belfast Planning Board for review, and shall pay the specific fees identified in this section. Said fees shall be in addition to fees identified in Chapter 82, Shoreland Zoning, for a shoreland permit, Chapter 90, Site Plans, for a site plan permit, Chapter 94, Subdivisions, for a subdivision permit, and in Chapter 102, Zoning, for a use permit, if said application for a significant groundwater well is submitted in conjunction with one or more of the above permit applications.

Permit fees.

Application requirements. The application shall be in writing and be accompanied by site plans prepared by a licensed surveyor, licensed engineer, or similar appropriately licensed professional. The application shall include:

Applicant shall submit a permit application to the Code and Planning Department that addresses all information required in Section 102-1077.

The Code and Planning Department, within 45 days of receiving a permit application that addresses requirements of Section 102-1077, shall schedule the application for review by the City Planning Board.

The City Planning Board shall conduct a public hearing on any permit application that is submitted. The Code and Planning Department, a minimum of 13 calendar days prior to the Planning Board meeting, shall provide written notice of the application and hearing date by first class mail to all property owners located within a radius of 1,000 feet of the proposed groundwater well(s), and shall publish notice of the hearing in a newspaper with local circulation and on the City website. The first notice in the newspaper shall occur a minimum of 13 days prior to the Board meeting and the second notice a maximum of seven days prior to the hearing.

The Planning Board shall review the application and determine if it complies with the performance standards identified in Section 102-1079. The Board may establish conditions of approval as a requirement to obtain applicant compliance with the performance standards. The Planning Board shall adopt findings of fact to identify how it determined that the applicant proposal did or did not comply with City requirements.

The quantity of water to be taken from a ground water source will not substantially lower the water table beyond the property lines, cause saltwater intrusion that would affect groundwater located on a property not owned by the applicant, cause unreasonable impacts to ground water flow patterns, or cause unreasonable ground subsidence beyond the property lines.

Any proposed use shall not cause unreasonable adverse diminution in water quality or quantity of the aquifer or surrounding surface/ground water. This includes any impacts to the upwelling of a natural spring, ground water source, aquifer recharge area, or wetlands.

Safe and healthful conditions shall be maintained at all times within and about the proposed use and structures.

The proposed use shall require the applicant to provide a stormwater management plan prepared and stamped by a professional engineer registered in the State of Maine that details both construction and long-term controls associated with the groundwater wells. The Planning Board may accept a stormwater management plan submitted for its review as a component of a site plan permit, shoreland permit or use permit that satisfactorily addresses this requirement.

The proposed extraction site is not within the defined aquifer or groundwater recharge area of a public water supply, unless public notice is provided to the operator thereof, and the Planning Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.

The operator shall keep monthly operating records of the quantity of water extracted and shall make said operating records available to representatives of the City Code and Planning Department or a designee upon request.

Nothing in this procedure, and no decision by the City Planning Board shall be deemed to create groundwater rights other than those rights that the applicant may possess under Maine law.

The City Planning Board, based on its review of all information submitted and considered as part of a permit application, shall have the authority to establish the maximum daily, weekly, monthly and annual quantity of groundwater that may be extracted; said amount shall not exceed the amount specified by the applicant in its application. If an applicant exceeds said amounts, the City shall have the authority to require the applicant to reduce the volume of water it is using to the maximum amounts established in the City permit.

The applicant shall demonstrate that it possesses the expertise and financial resources to construct and operate the requested significant groundwater wells and to adhere to the conditions of approval adopted by the City Planning Board.

The City Planning Board shall consider conditions of approval established by a state or federal agency that has jurisdiction to regulate a significant groundwater well and the extraction of groundwater resources and how said permit conditions may interact with the City significant groundwater well permit. The Planning Board may choose to use conditions enacted by a state or federal agency as a method to identify and obtain applicant compliance with conditions identified by the Planning Board.

The City Planning Board shall have the authority to require an applicant to prepare and implement a monitoring program of wells located within 1,000 feet of the boundary line of the applicant property, and to require that said monitoring program be in effect for the time period that any significant groundwater well is in operation. The monitoring program shall consider the rate and total amount of groundwater being extracted, and shall monitor potential adverse impacts on private or public wells located in the above identified area. The Board, in establishing the monitoring program, shall, at a minimum, consider the following: recommendations from a hydro-geologist engaged by the City, recommendations from a hydro-geologist engaged by the applicant, recommendations identified by a state or federal permitting authority, and information provided by the public. The Planning Board may consider requiring the applicant to implement a monitoring program for private or public wells located more than 1,000 feet of the boundary line of a property on which one or more wells is operating, if information identified in a hydro-geologic assessment establishes the value of requiring a larger area to be subject to monitoring. All information obtained from a monitoring program shall regularly be provided to the City Code and Planning Department and all such information shall be considered public records.

Insert Copy 102-W (in LP4, pg. 45)

Permitted use.

Setbacks from Public and Private Schools.

Advertising and signage.

Compliance with other City Ordinances. A request for a permit to establish a medical marijuana caregiver retail store, a medical marijuana manufacturing facility or a medical marijuana testing facility shall comply with all permit standards identified in the City Code of Ordinances that would apply to any application to establish a retail, manufacturing or testing use that would be located in the same respective zoning district.

Compliance with state requirements. A request for a permit to establish a medical marijuana caregiver retail store, a medical marijuana manufacturing facility or a medical marijuana testing facility shall provide evidence to the City that they have obtained or can obtain any and all required licenses, permits or similar approvals from the State of Maine, as such may be required by provisions of P.L. 2017, c. 452 (LD 1539), "An Act To Amend Maine's Medical Marijuana Law," as such may be amended from time to time. An applicant must provide specific evidence to the City that all required state licenses, permits and similar approvals have been obtained prior to issuance of an occupancy permit.

To foster the use of solar energy equipment in the City for the purpose of providing a source of renewable electricity and energy for heating and/or cooling;

To establish clear guidelines and standards for the regulation of solar energy systems in the City;

To provide for the effective removal of solar panels and associated utility structures that have been abandoned or are no longer in use for energy generation and transmission purposes; and

To enable the City to fairly and responsibly protect the public health, safety and welfare that could be adversely affected by the installation and operation of a solar energy system.

No solar energy system or device shall be installed or operated in the City except in compliance with this division, and if applicable, requirements of Chapter 82, Shoreland Zoning. The installation or modification of a solar energy system shall require a City permit in accordance with the following procedures:

Information to be provided for all applications for a solar energy system. An applicant for a solar energy system permit, at the time of application, shall, at a minimum, provide the following information to Code Enforcement Officer: name of property on which the system will be installed; the type of system that will be installed (roof- or ground-mounted); the size of system to be installed, including both the number of panels and if ground-mounted, the amount of square footage on the ground of the system; the approximate nameplate capacity of the system; the name of the installer; and the name of the owner of the system; does the property owner own the system or is it leased.

Notification requirements for permits. The City of Belfast, on behalf of all applicants for a solar energy system permit, shall provide the following notifications to persons located within 150 feet of the property on which the system is proposed to be installed:

A description of the owner of the system, the operator if different, and detail of qualifications and technical ability of the owner or operator to construct, maintain and operate the facility.

If the operator is leasing the site, a copy of the lease agreement (minus financial compensation) and any and all related easements clearly outlining the relationship of the respective parties, inclusive of the rights and responsibilities of the operator, landowner and any other responsible party with regard to the large-scale solar energy system and the term or duration of the agreement. Further, the operator shall identify any and all agreements or obligations of the landowner to the operator regarding any premises that are not specifically subject to the lease agreement, but which the operator has certain rights to use as part of the operation of the solar energy system.

A description of the amount of energy to be produced and a general description of to whom the energy is intended to be sold.

A copy of the agreement and schematic details of the connection arrangement with the transmission system that clearly indicates who is responsible for various requirements and how such will be operated and maintained.

A basic description of the number and configuration of panels to be installed, including make and model, and associated major system components.

A construction plan and timeline that identifies known contractors, site control, when project construction will commence and the anticipated date that the system will be on-line.

An operations and maintenance plan for the projected operating life of the system.

An emergency management plan that identifies potential hazards and the response to such hazards.

Evidence of financial capacity to construct and operate the proposed facility.

Identification of methods that the operator shall use to manage on-site vegetation.

Identification of how the applicant shall address buffering requirements identified in this division.

Submission of a decommissioning plan that addresses the requirements of this division.

Evidence that the owner or operator, prior to issuance of a site plan permit by the Planning Board, has applied for any and all non-City permits that may be required for the installation of the proposed system; for example, a stormwater management permit from the State Department of Environmental Protection.

The zoning districts in which a small-, medium-, or large-scale roof-mounted or ground-mounted solar energy systems are a permitted use are identified in Article V, District Regulations, of this chapter. A solar energy system must comply with the standards in this division to obtain a permit as a permitted use. In general, City policy is to encourage the establishment of solar energy systems in Belfast, subject to some specific limitations on medium- and large-scale ground-mounted systems in certain zoning districts located in the Inside the Bypass area; reference Article V, District Regulations, Division 9.

The Shoreland zoning districts in which small, medium or large-scale roof-mounted or ground-mounted solar energy systems are a permitted use are identified in Chapter 82, Shoreland Zoning, Article IV, Shoreland Districts and Table of Uses, Section 82-137, Table of Land Uses for Shoreland Districts. In general, solar energy systems are a permitted use in most City shoreland districts. The Resource Protection and Stream Protection districts, however, typically prohibit a solar energy system installation, subject to identified exceptions for some residential uses.

(Reserved)

In the Flood Zone, a ground-mounted solar energy system, regardless of its size, shall be a prohibited use in any area that is designated as being in the V, VE, AE or AO flood zones, reference Chapter 78, Floods, Official Flood Maps for the City of Belfast for the location of said flood zone areas; however, a roof-mounted solar energy system shall be a permitted use in said flood zones. A roof-mounted solar energy system, regardless of its size, or a small-scale ground-mounted solar energy system, shall be a permitted use in any designated A zone, reference Chapter 78, Floods, Official Flood Maps for the City of Belfast for the location of said areas; however, a medium-scale or large-scale ground-mounted solar energy system shall be a prohibited use in any designated A zone.

Height.

Setbacks for ground-mounted solar energy systems. Setback standards for ground-mounted solar energy systems shall be as follows:

Lot coverage. A solar energy system (in combination with other uses on a property), regardless of its size, shall comply with lot coverage standards that apply to a respective zoning or Shoreland zoning district. Only the paved, mounting block or otherwise impervious areas of sites on which a ground-mounted solar energy system is installed shall be counted in the lot coverage calculation.

Vegetation management. The owner or operator of a medium-scale or large-scale ground-mounted solar energy system shall prepare a vegetation management plan associated with the operation of the system. A large-scale ground-mounted solar energy system, by its nature, may occupy a large land area. An application for a large-scale ground-mounted system shall identify measures it will use to effectively manage vegetation. Methods include but are not limited to vegetating the solar array area in a pollinator-friendly manner or allowing the area for the grazing of farm animals.

A roof-mounted or building-mounted solar energy system and equipment shall be permitted only if the Code Enforcement Officer determines that the system and its installation shall not present any unreasonable safety risks, including, but not limited to, the following:

All solar energy system installations shall be installed in compliance with the photovoltaic systems standards of the latest edition of National Fire Protection Association (NFPA) 1, Fire Prevention Code.

All wiring shall be installed in compliance with the photovoltaic systems standards identified in the latest edition of the National Electrical Code (NFPA 70).

Prior to operation, electrical connections must be inspected and approved by the City Code Enforcement Officer or Electrical Inspector.

Any connection to the public utility grid must be inspected and approved by the appropriate public utility.

Each solar energy installation shall be regularly maintained as necessary to ensure that it is operating safely and as designed over its useful life.

Utility connections. An applicant shall make reasonable efforts, as determined by the respective City reviewing authority, to locate all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections can be located above ground.

Safety. The solar energy system owner shall provide a copy of the site plan application submitted to the Code Enforcement Officer or Planning Board for the review and comment of the Belfast Fire Chief. The Code Enforcement Officer or Planning Board shall consider comments of the Fire Chief and State Fire Marshal, if applicable, regarding the fire safety of the proposal in their review of a permit application.

Visual impact and buffering. An applicant shall make reasonable efforts, as determined by the Planning Board, to minimize visual impacts associated with the installation of a large-scale solar energy system. The Board shall consider the size, location and topography of the site and the characteristics of the surrounding property and the amount and type of development on said properties in determining the amount and type of screening and buffering that it deems appropriate. Screening measures are required and may include but are not necessarily limited to the following: preserving natural vegetation, particularly in the setback area for the solar energy system; planting new vegetation, particularly in the setback area for the solar energy system; installing a raised berm and appropriate plantings, particularly in the setback area; and installing a fence.

Glare. Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar panel placement should be prioritized to minimize or negate any solar glare onto nearby properties or roadways to the maximum extent practical. Further, in the case of a solar energy system that could have an adverse impact on the safety of operations associated with the Belfast Airport, the Planning Board requires assurances that the installation and operation of the solar energy system would not have an unreasonable adverse impact on public safety. As such, the Belfast Planning Board has the authority to require any applicant that proposes to install a large-scale ground-mounted solar energy system in an area that could affect the safety of airport operations to conduct a solar glare gauge analysis study as an element of the application submitted to the Planning Board. The Planning Board shall consider the results of the glare analysis in rendering a decision to approve or deny an application and any conditions of approval that it establishes on a permit application.

Operations and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale solar energy system. The plan shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation.

Emergency management and services. The owner of a large-scale solar energy system or operator shall prepare and provide a project summary, electric schematic, and site plan to the Code Enforcement Officer, the Fire Chief and the Chief of Police. Upon a request of the Fire Chief, the owner or operator shall cooperate with the Fire Department and other interested parties in preparing an emergency response plan. All City and county emergency management personnel shall be provided the name and contact information of the party responsible for the operation of the system.

Installation conditions. The owner or operator of the large-scale solar energy system shall maintain the facility in good condition on an ongoing basis during the time period that the solar energy system is in operation. Maintenance shall include but is not limited to the following: painting, structural repairs, ground maintenance around the array, maintaining buffering measures required by the Planning Board, maintaining the access road to the solar array, maintaining any stormwater management features required by the state or the City, and maintaining the integrity of security measures.

Vegetation management. The owner or operator of a large-scale ground-mounted solar energy system shall prepare a vegetation management plan associated with the operation of the system. A large-scale ground-mounted solar energy system, by its nature, may occupy a large land area. An application for a large-scale ground-mounted system shall identify measures it will use to effectively manage vegetation. Methods may include but are not limited to vegetating the solar array area in a pollinator-friendly manner and allowing the area for the grazing of farm animals.

Signage. The owner or operator shall install a sign that identifies the name of the owner, the name of the operator, and a 24-hour emergency contact phone number for the operator. The sign shall be no greater than 36 inches by 60 inches in size and shall be no more than eight feet in height from the adjacent ground grade. The sign shall not be internally illuminated; however, if necessary, it can be illuminated by minimal lighting that complies with the following standards: LED lighting that has a rating of no greater than 3,000 on the kelvin scale, the lighting is down-directed and shielded, and the lighting does not create any unreasonable glare on any adjacent road or neighboring property. The sign shall not display any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.

Removal of solar energy system. A large-scale ground-mounted solar energy system that has reached the end of its useful life or that has been abandoned and not produced power for a period of 12 consecutive months shall be removed. The owner or operator shall provide notification to the Code Enforcement Officer by certified letter of the proposed date of discontinued operations, and shall prepare and submit a plan to the Code Enforcement Officer that identifies how all components of the solar energy system, including but not necessarily limited to the solar collectors, the mounting equipment, the transmission lines, and any security barriers, shall be removed from the site. The Code Enforcement Officer must review and approve the removal plan, and the owner or operator, no more than 150 days after the date of discontinued operations, must complete the removal of the solar energy system in accordance with the approved plan. Further, the owner or operator shall dispose of all solid and hazardous waste in accordance with all applicable local, state and federal waste disposal regulations. Post removal of the solar energy system, the owner or operator shall stabilize and re-vegetate the site as necessary to minimize soil erosion. The owner or operator shall contact the Code Enforcement Officer for a final inspection of the removal of the system and to obtain a receipt of approval that the removal was performed successfully.

Community donation option. The operator of a ground-mounted solar energy system that has chosen to discontinue use of the system may submit a plan for the review and approval of the Belfast Planning Board that identifies how the system can be donated to an appropriate community organization. Said plan shall identify the projected useful remaining life of the system, how the transfer shall occur, the responsibilities of the party that will receive the donation regarding the operation and maintenance of the system, the financial and technical ability of the party that the system is donated to successfully operate the system, and how the receiving party will fulfill the responsibility to decommission the system upon the end of its useful life. The Board shall have the authority to approve or deny the requested donation option. If the Board denies the donation option, the owner operator shall proceed to remove the system.

Request to reactivate a discontinued large-scale solar energy system. An owner or operator may submit a written request to the Belfast Planning Board to reactivate a large-scale solar energy system that has been discontinued or abandoned due to extenuating circumstances. The Belfast Planning Board shall be responsible for the review and approval or denial of any written request to reactivate a solar energy system, subject to applicable review criteria for a new permit to operate the system. Unless the Board approves a request to reactivate the system, the solar energy system shall be considered abandoned.

Decommissioning of large-scale solar energy system and abandonment guarantee.