Brunswick City Zoning Code

All new zoning base districts and overlay districts identified in the table below are hereby established. Such districts are applied to geographic areas as shown on the Zoning Map of the Town of Brunswick.

(Ord. of 12-15-25)

2.1.1. Growth Residential Districts.

A.

Growth Residential 1 (GR1) District. The Growth Residential 1 (GR1) District applies to that area designated as Residential Land Use District in the Brunswick Naval Air Station (BNAS) Reuse Master Plan. It is intended to provide for a variety of housing types in a compact, pedestrian-oriented setting. District standards accommodate a range of moderate-density residential uses, including single-family (attached or detached), multifamily apartments, assisted/senior housing, and retirement/second homes at a maximum density of eight (8) dwelling units per acre.

B.

Growth Residential 2 (GR2) District. The Growth Residential 2 (GR2) District encompasses the Longfellow neighborhood, walkable to downtown Brunswick and Bowdoin College. District standards are intended to maintain the character of the established neighborhoods. Only one-and two-family residential uses are permitted in this District at a maximum density of four (4) dwelling units per acre.

C.

Growth Residential 3 (GR3) District. The Growth Residential 3 (GR3) District encompasses the Meadowbrook-Parkview neighborhoods. District standards are intended to continue to maintain the character of the established single and two-family neighborhoods at a maximum density of six (6) dwelling units per acre.

D.

Growth Residential 4 (GR4) District. The Growth Residential 4 (GR4) District encompasses the Maquoit Road, Meredith Drive-West McKeen Street, and River Road neighborhoods, as well as the residential neighborhoods within the Cook's Corner Extended Area and the Exit 28 Mixed Use Development Area. District standards are intended to accommodate residential uses at a maximum density of six (6) dwelling units per acre. Limited nonresidential uses are allowed as conditional uses, while maintaining the character of the established neighborhoods.

E.

Growth Residential 5 (GR5) District. The Growth Residential 5 (GR5) District encompasses the McLellan-Garrison neighborhood. District standards are intended to continue to accommodate a variety of residential uses at a maximum density of seven (7) dwelling units per acre. Limited nonresidential uses are allowed as conditional uses, while maintaining the character of the established neighborhoods.

F.

Growth Residential 6 (GR6) District. The Growth Residential 6 (GR6) District encompasses the well-established Northwest Brunswick neighborhood. The District is intended to provide for compatible infill development and redevelopment, as well as expansions to existing buildings, while maintaining the overall character of the neighborhood. The District continues to provide a mix of single-family, two-family and multifamily residential uses, walkable to essential services, at a maximum density of ten (10) dwelling units per acre. Limited nonresidential uses are allowed by conditional use, while protecting and enhancing development patterns of the established neighborhood. The District is also covered by the Village Review Overlay Zone (VRO).

G.

Growth Residential 7 (GR7) District. The Growth Residential 7 (GR7) District encompasses most of the Federal Street neighborhood. The neighborhood is also covered by the Village Review Overlay (VRO) Zone and contains a portion of the National Register of Historic Places-designated Federal Street Historic District. District standards are intended to continue to accommodate a mix of residential uses at a maximum density of five (5) dwelling units per acre. Very limited nonresidential uses are permitted as conditional uses, while protecting and enhancing the established neighborhood.

H.

Growth Residential 8 (GR8) District. The Growth Residential 8 (GR8) District applies to two (2) residential areas and encompasses the Water Street and Jordan Acres neighborhoods. The District is intended to maintain the overall residential character of these neighborhoods. District standards accommodate a mix of residential uses at a maximum density of six (6) dwelling units per acre, and limited nonresidential uses.

I.

Growth Residential 9 (GR9) District. The Growth Residential 9 (GR9) District encompasses an older residential area of distinct neighborhoods, walkable to schools, bounded by Hennessey Avenue to the north, Maine Street to the east, MacMillan Drive to the south, and Baribeau Drive to the west. The District is intended to provide for compatible infill development while protecting and enhancing the overall character of the neighborhood. District standards accommodate a wide range of residential uses at a maximum density of six (6) units per acre, as well as educational facilities, and a very limited range of nonresidential uses. A portion of the National Register designated Federal Street Historic District continues along the west side of Maine Street to Boody Street.

J.

Growth Residential 10 (GR10) District. The Growth Residential 10 (GR10) District encompasses the College Park neighborhood, walkable to downtown Brunswick and Bowdoin College. District standards are intended to maintain the character of the established neighborhoods. Only single and two-family residential uses are permitted in this District at a maximum density of four (4) dwelling units per acre.

2.1.2. Growth Mixed-Use Districts.

A.

Growth Mixed-Use 1 (GM1) District. The Growth Mixed-Use 1 (GM1) District applies to an area of Brunswick located south of Pleasant Street bounded by Church Road to the west and Union Street to the east, which is dominated by a mix of non-residential uses with a few residential uses. The District follows the existing freight and passenger rail corridor, bordered by Church Road to the west and Union Street to the east. The District standards are intended to provide for non-residential uses ranging from neighborhood-type uses to industrial-type uses. Residential uses are permitted at a maximum density of six (6) dwelling units per acre.

B.

Growth Mixed-Use 2 (GM2) District. The Growth Mixed-Use 2 (GM2) District applies to two (2) established neighborhood commercial areas along Harpswell Road. The District standards are intended to provide for the continued mix of residential uses at a maximum density often (10) dwelling units per acre with nonresidential uses primarily serving the greater neighborhood area.

C.

Growth Mixed-Use 3 (GM3) District. The Growth Mixed-Use 3 (GM3) District encompasses the former industrially zoned area along Industry Road and Route 1. The District standards are intended to provide for a mix of compatible infill development of residential uses at a maximum density of ten (10) dwelling units per acre with a variety of nonresidential uses while protecting and enhancing the existing neighborhood. Industrial uses continue to be permitted within the District south of the limited access portion of Route 1.

D.

Growth Mixed-Use 4 (GM4) District. The Growth Mixed-Use 4 (GM4) District applies to the Cook's Corner commercial hub (the area around the intersection of Bath Road and Gurnet Road). The District standards are intended to promote the evolution of this area into a vibrant, mixed-use area that continues to serve as a regional commercial center, but with added residential development and enhanced pedestrian and bicycle connections to and within adjacent neighborhoods. The District accommodates a range of residential uses, a wide range of nonresidential uses (including retail and consumer uses, services, offices, and public and community uses), and mixed-use development containing residential and nonresidential uses. District standards focus on encouraging development that maximizes the available development potential, with maximum residential densities of 15 dwelling units per acre, nonresidential intensities allowing for 80% impervious coverage, as well as standards promoting high-quality design. All applications in the district are subject to the Cook's Corner Design Standards, as applicable to the type of construction or development proposed.

E.

Growth Mixed-Use 5 (GM5) District. The Growth Mixed-Use 5 (GM5) District applies to existing commercial gateways into Brunswick and is intended to encourage redevelopment that will make the commercial corridors more functional, safer, and more attractive. District standards are intended to maintain or improve the quality of building design streetscape, control access to and from major roads, and accommodate pedestrian and bicycle movement. The District accommodates a wide range of nonresidential uses, including retail and consumer uses, services, office, public and community uses, and existing industrial uses. Residential uses are not encouraged except as part of mixed-use development at a maximum density of six (6) dwelling units per acre.

F.

Growth Mixed-Use 6 (GM6) District. The Growth Mixed-Use 6 (GM6) District is intended to provide a pedestrian and bicycle-friendly downtown Brunswick, bordered by the Androscoggin River to the north, Bowdoin College to the south, Federal Street to the east and Union Street to the west. The District standards are intended to provide for a vibrant mix of primarily commercial uses (e.g., offices, retail and restaurants), cultural, educational and residential uses. Drive-through services are traditionally limited to financial institutions so as not to create a more suburban feel to the downtown area. Minimal dimensional and density standards allow flexibility for in-fill development. The Village Review Overlay Zone covers this District and maintains the mature and historic character of downtown Brunswick. In addition, the National Register of Historic Places-designated Lincoln Street Historic District and Brunswick Commercial Historic District (Maine Street) is located within the GM6 District, as is a portion of the Federal Street Historic District (Park Row area).

G.

Growth Mixed-Use 7 (GM7) District. The Growth Mixed-Use 7 (GM7) District is intended to provide a compact pedestrian-oriented mix of uses at Brunswick Landing that will provide a variety of live, work, play, and education opportunities. District standards accommodate a range of nonresidential uses—such as neighborhood-scale retail, professional offices, business and support services, restaurants, hotels and conference centers, health and fitness centers, day care centers, and civic and cultural uses. A variety of residential uses, such as single family dwellings, townhomes, condominiums and apartments, and assisted living/senior housing are permitted at a maximum density of 24 dwelling units per acre. Brunswick Landing Design Guidelines, administered by the Midcoast Regional Redevelopment Authority, apply to all new development.

H.

Growth Mixed-Use 8 (GM8) District. The Growth Mixed-Use 8 (GM8) District is intended to accommodate major hospitals, large scale medical uses, professional offices and associated uses, compatible with neighboring residential uses. Supplemental design and performance standards are provided so as to protect and enhance established abutting residential neighborhoods.

2.1.3. Growth Special Purpose Districts.

A.

Growth College 1 (GC1) District. The Growth College 1 (GC1) District is intended to accommodate the core areas of Bowdoin College campus and sports fields and facilities, to allow the college significant flexibility to meet the needs of its operations within those areas, to restrict more intense land uses such as residence halls and dining halls to the core campus area. Supplemental neighborhood protection standards are in place to increase compatibility with residential uses near and adjacent to the District.

B.

Growth College 2 (GC2) District. The Growth College 2 (GC2) District is intended to accommodate facilities and land uses owned by, operated by, or related to Bowdoin College on certain lands located near the edges of the campus, and to accommodate existing college facilities in those areas. Supplemental neighborhood protection standards are in place to increase compatibility with residential uses near and adjacent to the District. The District area north of Bath Road is also covered by the Village Review Overlay Zone (VRO).

C.

Growth College 3 (GC3) District. The Growth College 3 (GC3) District is intended to accommodate facilities and land uses owned by, operated by, or related to Bowdoin College on certain lands located near the edges of the campus, and in the Longfellow Avenue area located between the core campus and the playing fields, and to accommodate existing college facilities in those areas. Supplemental neighborhood protection standards are in place to increase compatibility with residential uses near and adjacent to the District. The District area fronting Federal Street is also covered by the Village Review Overlay Zone (VRO).

D.

Growth College 4 (GC4) District. The Growth College 4 (GC4) District provides for the redevelopment of lands on the west side of the former Brunswick Naval Air Station (BNAS) conveyed to Bowdoin College. The District is intended to accommodate residential and non-residential college-related uses consistent with the BNAS Reuse Master Plan and conveyance documents. Supplemental neighborhood protection standards are in place to increase compatibility with residential uses near and adjacent to the District.

E.

Growth College 5 (GC5) District. The Growth College 5 (GC5) District is intended to accommodate a core area of Bowdoin College campus with primarily sports fields and facilities, to allow the college significant flexibility to meet the needs of its operations within those areas, further restricting more intense land uses such as residence halls and dining halls to the Growth College 1 core campus area. Supplemental neighborhood protection standards are in place to increase compatibility with residential uses near and adjacent to the District.

F.

Growth Aviation (GA) District. The Growth Aviation (GA) District applies to an area containing and surrounding the runways, taxiways, and buffer areas of the Brunswick Executive Airport—areas designated Airport Operations and Aviation-Related Business in the Brunswick Naval Air Station (BNAS) Reuse Master Plan. The District is intended to accommodate primarily airport facilities and operations plus business, industry, transportation and distribution, technology employment, and other uses that rely on, or directly benefit from, proximity to airport facilities and operations. Such uses could include general and corporate aviation, aircraft maintenance/repair/overhaul, aviation-related manufacturing, and government and aerospace research and development.

G.

Growth Industrial (GI) District. The Growth Industrial (GI) District applies to lands appropriate for industrial and other types of more intensive nonresidential development (other than large retail uses), as well as to the area designated as Business and Technology Industries in the Brunswick Naval Air Station (BNAS) Reuse Master Plan. District standards are intended to improve the environmental and visual quality of existing industrial areas and accommodate the development and redevelopment of a wide range of nonresidential uses, including light manufacturing, technology-based research and development, energy park, laboratories, warehouse and distribution uses, and related service and office uses but not retail or consumer-oriented uses.

H.

Growth Outdoor Recreation (GO) District. The Growth Outdoor Recreation (GO) District applies to the area designated Recreation and Open Space in the Brunswick Naval Air Station (BNAS) Reuse Master Plan. It is intended to provide suitable areas for a variety of commercial and public active and passive outdoor recreational opportunities for the community including public parks, recreation fields, golf courses, public gardens, bicycle trails, and equestrian facilities.

I.

Growth Natural Resources (GN) District. The Growth Natural Resources (GN) District is intended to preserve, maintain, and enhance existing natural areas in Growth Areas and includes:

(1)

Natural Areas designated in the Brunswick Naval Air Station (BNAS) Reuse Master Plan, as amended, providing for the long-term benefit of the natural environment, including S1-ranked natural communities, and area residents; and

(2)

Town Commons and the greater town commons area.

(Ord. of 12-15-25)

2.2.1. Rural Natural Resources (RN) District.

The Rural Natural Resources (RN) District is intended to preserve, maintain, and enhance existing natural areas in Rural Areas that are designated as Natural Areas on the Reuse Master Plan for Brunswick Naval Air Station (BNAS) to provide for the long-term benefit of the natural environment, including S1-ranked natural communities, and area residents. As such, development is restricted to only those primary and accessory uses, as well as associated buildings, structures or improvements that would not significantly alter the environment and/or would provide opportunities to protect and experience the environment, including uses such as pedestrian trails, nature and interpretive centers, and other passive outdoor recreation and educational uses, forest and wildlife management activities, soil and water conservation activities and nonstructural stormwater management facilities.

2.2.2. Rural Farm and Forest (RF) District.

The Rural Farm and Forest (RF) District applies to Rural Areas where environmental systems are preserved and rural resources, including active and productive natural resource-based uses such as farming and forestry, are maintained. District regulations are intended to ensure that any development or intensive use maintains rural character and protects natural and scenic resources, including wetlands, unfragmented wildlife habitats, and scenic roads. The district accommodates agriculture and forestry activities, residential development, at a maximum density of one (1) dwelling unit per two (2) acres (encouraging open space subdivisions as the preferred form of development), and very limited businesses and other nonresidential development that support or are based on rural and natural-resource-based uses.

2.2.3. Rural Residential (RR) District.

The Rural Residential (RR) District applies to Rural Areas that define gateways into Brunswick and the rural character of areas outside its Growth Areas. District regulations are intended to ensure that any development or intensive use maintains rural character and protects natural and scenic resources, including wetlands, unfragmented wildlife habitats, and scenic roads. The district accommodates residential development at a maximum density of one (1) dwelling unit per one and one-half (1½) acres (encouraging open space subdivisions as the preferred form of development), agriculture and forestry activities, and a wide range of small businesses and other nonresidential uses that support or are based on rural and natural-resource-based uses.

2.2.4. Rural Protection Districts (RP1 and RP2 Districts).

The Rural Protection (RP) districts apply to coastal watersheds in Rural Areas where environmental systems are preserved and rural resources, including active and productive natural-resource-based uses particularly those that rely on the coastal waters are maintained. District regulations are intended to manage land use and development to protect coastal embayments from the potential impact of stormwater runoff, nutrient loading, and other nonpoint source pollution by limiting impervious surfaces, enhancing stormwater management, ensuring maintenance of subsurface wastewater disposal systems, and managing lawn maintenance and agricultural practices. Standards are also intended to ensure that any development or intensive use maintains rural character and protects natural and scenic resources, including wetlands, unfragmented wildlife habitats, and scenic roads. The districts accommodate marine activities, water-dependent uses, agriculture, and forestry activities. In addition to very-low-density residential development (encouraging open space subdivisions as the preferred form of development), low-intensity businesses and other nonresidential development that support or are based on rural and natural-resource-based uses.

2.2.5. Rural Mixed Use District (RM).

The Rural Mixed Use (RM) District applies to the Old Portland Road (Route 1) corridor outside the Town's Growth Area zoning districts. Public water and sewer are not available in the Rural Area. The District provides for a mix of residential and limited commercial and industrial uses designed to be compatible with the rural character of the corridor. Maximum density for residential uses is one (1) dwelling unit per two (2) acres. Supplemental standards protect the area's natural resources and scenic values, minimizing disturbance of existing features and vegetation during development.

(Ord. of 12-15-25)

2.3.1. General.

Overlay districts are applied over base zoning districts and regulations for overlay districts supplement or supersede the provisions of the underlying base zoning district(s). If regulations for an overlay district conflict with those for the underlying base zoning district, the regulations for the applicable overlay district shall prevail. If regulations for one (1) overlay district conflict with those for another applicable overlay district, the more restrictive regulations shall prevail.

2.3.2. Aquifer Protection Overlay (APO) Districts.

A.

Purpose. The purpose of the Aquifer Protection Overlay (APO) districts is to protect the quality and quantity of Brunswick's present and future ground water resources by regulating activities and land use practices which are likely to affect those resources. The protection of ground water is critical to promoting the health, safety, and general welfare of the residents of Brunswick.

B.

Definition and Delineation of APO Districts.

(1)

The Aquifer Protection Overlay (APO) districts consist of sand and gravel aquifers and aquifer recharge areas. There are three APO districts:

a.

Aquifer Protection Overlay 1 (APO1) District, defined in Subsection 2.3.2.C(1);

b.

Aquifer Protection Overlay 2 (APO2) District, defined in Subsection 2.3.2.D(1); and

c.

Aquifer Protection Overlay 3 (APO3) District, defined in Subsection 2.3.2.E(1).

(2)

The boundaries of the APO districts are delineated on the Brunswick Zoning Map, and are based on:

a.

"Hydrogeology of the Jackson, Taylor and Williams Stations Aquifer in Topsham and Brunswick, Maine" report, dated February 25, 1994, by Caswell, Eichler and Hill; and

b.

"Hydrogeology of the Jordan Avenue Station Aquifer in Brunswick, Maine" report, dated March 22, 1994, by Caswell, Eichler and Hill.

C.

Aquifer Protection 1 (APO1) District.

(1)

Definition of APO1 District. The APO1 District is the area within which leachable materials disposed of or applied into or onto land or water bodies can travel to the public water supply wells within 200 days.

(2)

Use Standards for APO1 District.

a.

All uses are prohibited with exception of the following:

i.

Conservation of soil, water, plants, and wildlife.

ii.

Outdoor recreation—including fishing, nature study, and hunting—where otherwise legally permitted.

iii.

Pedestrian, bicycle and horse paths, and bridges.

iv.

Operation, maintenance, and expansion of public water supply facilities.

v.

Timber harvesting.

vi.

Natural gas or propane storage and transmission facilities.

b.

Motorized vehicles may be used in conjunction with the allowable uses listed in Subsection a above, except that the use of motorized vehicles for recreational purposes is prohibited.

c.

The permitted uses shall meet the performance standards in Subsection 2.3.2.F (Performance Standards for Aquifer Protection Overlay (APO) Districts).

D.

Aquifer Protection 2 (APO2) District.

(1)

Definition of APO2 District. The APO2 District is the area outside of the APO1 boundary that is drained by streams flowing directly into the sand and gravel aquifer. The streams in the APO2 District are important as they have eroded through the silt/clay cap leaving exposed a "window" to the underlying aquifer.

(2)

Use Standards for APO2 District.

a.

All uses are prohibited, except those uses allowed in the APO1 District and APO3 District provided that they meet the requirements of the underlying base zoning district and the following standards:

i.

All parts of all types of subsurface wastewater disposal systems shall be set back a minimum horizontal distance of 150 linear feet from the normal high water line of any stream. The Local Plumbing Inspector may consider and grant a request to reduce this setback for a replacement subsurface wastewater disposal system if a report prepared by a soils scientist or site evaluator registered in the State of Maine is submitted and accepted, and the report states that the existing system is failing and that the proposed location is the only suitable location on the applicant's property for the replacement system.

ii.

All home heating fuel tanks, except natural gas or propane gas storage tanks, shall be enclosed and located within an impervious secondary containment unit.

iii.

Application of pesticides, nitrogen fertilizer, or manure within a minimum horizontal distance of 150 linear feet from the normal high water line of any stream is prohibited. This setback requirement cannot be reduced.

iv.

The storage of no more than two (2) unregistered automobiles is prohibited.

b.

The permitted uses shall meet the performance standards in Subsection 2.3.2.F (Performance Standards for Aquifer Protection Overlay (APO) Districts).

E.

Aquifer Protection 3 (APO3) District.

(1)

Definition of APO3 District. The APO3 District is the area within which leachable materials disposed of or applied into or onto land or water bodies can travel to the public water supply wells in more than 200 days.

(2)

Use Standards for APO3 District.

a.

The following uses and development activities are prohibited:

i.

The disposal of solid waste other than brush or stumps.

ii.

The disposal or storage of hazardous matters, as defined in Subsection 1.7.2, with the exception of the above-ground natural gas or propane gas tanks.

iii.

The disposal or storage of leachable materials, except subsurface wastewater disposal systems and water from residential swimming pools.

iv.

The bulk or commercial disposal or storage of road salt or other de-icing agents.

v.

The storage of petroleum products in containers with a total volume in excess of ten (10) gallons, except those stored for heating use by that property owner or his designee only.

vi.

The disposal, storage, or application of sludge or other sludge-containing products, except for the application of Class A composted residuals that are licensed for unrestrained distribution by the Maine Department of Environmental Protection.

vii.

The disposal of any unregistered automobiles or the storage of more than two (2) unregistered automobiles.

viii.

Use or storage of pesticides, other than for households or agriculture and those products that are permitted by the Organic Materials Review Institute (OMRI).

(A)

The Code Enforcement Officer may, upon written request, approve an exception to this prohibition to allow pesticides to be used to:

(1)

Control or destroy a health hazard (i.e., a pest that has or is likely to have an adverse effect on the health of any person);

(2)

Control or destroy pests which have caused infestation to property (i.e., where the presence of pests in numbers or under conditions that involve an immediate or potential risk of substantial loss or damage); or

(3)

Control or destroy bees' nests or poison ivy.

(B)

The Brunswick and Topsham Water District shall be notified of any such requests and approvals.

ix.

Use or storage of fertilizer, compost, or manure, other than:

(A)

Slow-release organic fertilizer;

(B)

Products used for households and agriculture; and

(C)

Natural organic compost that:

(1)

Is in keeping, but not limited to, compost approved by USDA National Organic Program; or

(2)

Is in keeping with, but not limited to, products that can be used on Maine Organic Farmers and Gardeners Association (MOFGA) Certified Farms; or

(3)

Meets the standards and test requirements to qualify for unrestrained distribution under Chapter 419 of the Maine Department of Environmental Protection regulations, titled "Agronomic Utilization of Residuals," as amended.

x.

Aerial spraying of pesticides from aircraft, except for applications for public health reasons performed under the auspices of the Town of Brunswick or State of Maine.

xi.

Pipelines for transmission of petroleum products or hazardous materials, except natural gas or propane storage and transmission facilities.

xii.

Commercial boat, internal combustion engine, and motor vehicle sales, service, and repair.

xiii.

Metal plating operations.

xiv.

Dry cleaning operations.

xv.

Truck terminals.

xvi.

Furniture stripping, painting, and wood preserving operations.

xvii.

Mining operations.

xviii.

Sand and gravel extraction.

b.

Uses or management practices not listed above may be permitted in the APO3 District provided that they are allowed in the underlying base zoning district, will not have an unreasonable adverse effect on the water supply, and meet the performance standards in Subsection 2.3.2.F (Performance Standards for Aquifer Protection Overlay (APO) Districts).

F.

Performance Standards for Aquifer Protection Overlay (APO) Districts. All uses or activities within an APO1, APO2, or APO3 District, shall meet the following performance standards. Nonconforming uses existing on the effective date of this Ordinance shall also comply with standards set forth in Subsection 1.6.3.

(1)

General Standards for Uses and Activities Subject to Development Review. The following standards apply to uses and activities subject to Development Review (see Subsection 5.2.9).

a.

Management of Stormwater Runoff. The stormwater runoff from the use or expansion of the use shall be either retained on the specific property or allowed to infiltrate or transported off-site through a subsurface stormwater system to the Town's collection system and shall incorporate stormwater management techniques to minimize runoff volume and rate, as well as pollution and nutrient loadings, from the site in accordance with Subsection 4.5.4.

b.

Groundwater Contaminants.

i.

Monitoring wells may be required for a use known by the Code Enforcement Officer, in consultation with the Brunswick and Topsham Water District, to be an actual or potential source of groundwater pollution.

(A)

A licensed hydrogeologist chosen or approved by the Town shall determine the number, location, and depth of monitoring wells.

(B)

Monitoring wells shall be installed and sampled in accordance with "Guidelines for Monitoring Well Installation and Sampling" (Tolman, Maine Geologic Survey, 1983).

(C)

Monitoring wells shall be installed on the property at the expense of the owner.

(D)

The Code Enforcement Officer shall determine, in consultation with the Brunswick and Topsham Water District and/or a licensed hydrogeologist, when monitoring wells shall be sampled.

(E)

Results from monitoring well samples shall be submitted to the Department and the Brunswick and Topsham Water District.

ii.

The Brunswick and Topsham Water District shall promptly inform the Town Council, Code Enforcement Officer, Planning Board, and Zoning Board of Appeals when the calculated or actual levels of contaminants in the groundwater reach ten (10) percent of the Maximum Contaminant Levels (MCLs) listed within the National Primary Public Drinking Water Regulations for contaminants as measured at the Brunswick and Topsham Water District monitoring wells and recommend remedial actions.

iii.

No Development Review approval shall be granted for a use, expansion of the use, or activity that would cause the cumulative, calculated, or actual levels of contaminants in the groundwater at the Brunswick- and Topsham Water District property line to exceed 50 percent of the Maximum Contaminant Levels (MCLs) listed within the National Primary Public Drinking Water Regulations.

iv.

No Development Review approval shall be granted for a use, expansion of a use, or development activity that would cause the calculated or actual levels of contaminants in the groundwater at the property line of the specific lot associated with the use, expansion of the use, or activity to exceed 50 percent of the Maximum Contaminant Levels (MCLs) listed within the National Primary Public Drinking Water Regulations.

(2)

Timber Harvesting. Timber harvesting shall comply with the following provisions:

a.

Selective cutting of no more than 40 percent of the total volume of trees four (4) inches or more in diameter measured at four and one-half (4.5) feet above ground level on any lot in any ten (10) year period is permitted. Harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet apart. Such clear-cut openings shall be included in the calculation of total volume removal. For purposes of these standards, volume may be considered to be equivalent to basal area.

b.

Timber harvesting operations exceeding the 40 percent limitation in subsection a above may be allowed by the Review Authority upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance.

c.

No accumulation of slash shall be left within 50 feet of the normal high-water line of a river, tidal waters, or stream. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground. Any debris that falls below the normal high-water line of a water body shall be removed.

d.

Timber harvesting equipment shall not use stream channels as travel routes.

e.

All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds that are composed of gravel, rock, or similar hard surface that would not be eroded or otherwise damaged.

f.

Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

g.

Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation at least 75 feet wide for slopes up to ten (10) percent shall be retained between the exposed mineral soils and the normal high-water line of a river, tidal waters, or stream, or the upland edge of a coastal or freshwater wetland. For each ten (10) percent increase in slope, the unscarified strip width shall be increased by 20 feet. The provisions of this paragraph apply only to a face sloping toward the river, tidal waters, stream, coastal wetland, or freshwater wetland provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet from the protected resource. In addition, an unscarified strip of vegetation at least 75 feet wide shall be retained between the exposed mineral soils and the normal high-water line of a stream.

(3)

Application of Fertilizers and Manure.

a.

Application of nitrogen fertilizer and manure is permitted subject to the approval from the Code Enforcement Officer. Permit applications shall identify materials, application rates and shall conform to Subsection 2.3.2.F(1).

b.

All manure spreading shall be accomplished in conformance with the Maine Guidelines for Manure and Manure Sludge Disposal on Land, published by the University of Maine Soil and Conservation Commission in July 1972, as amended.

c.

Runoff from areas where manure or fertilizer is being applied to the land shall be controlled.

d.

Application of manure or fertilizer to sand, or bare soil where the topsoil has been removed, is prohibited.

(4)

Manure Storage. Agricultural operations that generate or utilize manure shall provide containment facilities for manure storage. Such facilities shall be adequate to hold one (1) year's production, and shall be covered.

(5)

Animal Husbandry. The landowner shall minimize potential impact on groundwater quality when managing manure generated on-site through utilization of effective collection and storage measures.

(6)

Use of Pesticides.

a.

Land application of pesticides is permitted subject to the approval from the Code Enforcement Officer, provided that surface runoff and erosion in areas where pesticides are being applied is contained.

b.

Permit applications shall include copies of the pesticide labels, rate of application and materials safety information. Application rates shall conform to Subsection 2.3.2.F(1).

(7)

Subsurface Waste Disposal Systems.

a.

Disposal of hazardous materials to subsurface waste disposal systems, including organic solvents designed for cleaning septic systems, is prohibited.

b.

Subsurface waste disposal systems in the APO1 and APO2 Districts shall be pumped out at least once every three (3) years and maintained. The Local Plumbing Inspector may consider and grant a request to waive or reduce the frequency of pumping and maintenance if evidence of significant underusage of the disposal system is submitted and accepted.

c.

Homeowners shall retain receipts when their tank is pumped to demonstrate compliance to the Local Plumbing Inspector during an inspection.

(8)

Storage Tanks.

a.

All underground oil (petroleum products) storage tanks (other than propane gas or natural gas storage tanks) that are in place prior to December 2, 1998 shall be nonconforming. All existing oil underground storage tanks and piping systems that are single-walled and double-walled tanks without an interstitial space monitoring system shall be precision-tested annually. Double-walled tanks and piping systems with an interstitial space monitoring system are exempt from annual precision testing. Tanks failing to pass the precision test shall be excavated and examined for leaks. If found to be leaking, the tank and any material discharged from the tank shall be removed at the expense of the owner in accordance with the requirements of the Maine Department of Environmental Protection (MDEP). When it becomes necessary to replace an underground tank and/or its piping systems it shall be replaced with a double-walled tank and/or piping system with an interstitial space monitoring system, or better.

b.

All aboveground oil (petroleum products) storage tanks (other than propane gas or natural gas storage tanks) that are in place within the APO1 or APO2 District prior to December 2, 1998 and that are not enclosed and located within an impervious secondary containment unit shall be nonconforming. When it becomes necessary to replace these tanks, the replacement tanks shall be enclosed and located within a secondary containment unit.

(9)

Application of Compost, Sludge Products, or Organic Fertilizer.

a.

Land application materials are limited to those allowed in Subsection 2.3.2.E(2).

b.

Landowners shall keep records of past land applications of compost, sludge products, or organic fertilizers.

2.3.3. Shoreland Protection Overlay (SPO) District.

A.

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

B.

SPO District Applicability. The SPO District consists of:

(1)

All land areas within 250 feet, horizontal distance, of the normal high-water line of any river; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; and all land areas within 75 feet, horizontal distance of the edge of a tributary stream.

(2)

The SPO Stream Protection Sub-District (SPO-SP) includes all land areas within 75 feet, horizontal distance of the edge of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a river, or upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the Shoreland District associated with that water body or wetland.

(3)

The SPO Resource Protection Sub-District (SPO-RP) includes the following areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Protection Overlay District, exclusive of the Stream Protection Sub-District.

a.

Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100 year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils. This district shall also include 100 year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

b.

Areas of two (2) or more contiguous acres with sustained slopes of 20% or greater.

c.

Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

d.

Areas within 250 feet, horizontal distance, of the upland edge of freshwater and/or coastal wetlands, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W), and as shown on the Brunswick Official SPO Map.

e.

SPO District and Sub-District boundaries are delineated on the Brunswick Zoning Map.

C.

Additional Requirements for the SPO District. The requirements in this subsection shall apply to all development within the SPO District.

(1)

Setbacks of Structures from Water Bodies and Wetlands.

a.

All new principal and accessory structures, excluding functionally water-dependent uses shall be located outside of any SPO Resource Protection Sub-District (SPO-RP). For purposes of this Subsection, recreational boat storage buildings are not considered a functionally water-dependent use. All new principal and accessory structures shall be set back a minimum horizontal distance of at least:

i.

75 feet from the edge of a stream or tributary stream;

ii.

125 feet from the normal high-water line of a river;

iii.

125 feet from the upland edge of a coastal or freshwater wetland; and

iv.

250 feet from the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, where such areas are rated as "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) as of December 31, 2008, as depicted on a Geographic Information System (GIS) data layer maintained by MDIF&W or MDEP, and as shown on the Brunswick Official Zoning Map. These areas are defined as "Resource Protection Areas" and include areas which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values.

v.

Water body and wetland setback measurements shall be taken from the top of a coastal bluff such as those that have been identified on Coastal Bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent Coastal Bluff map, and as depicted on the Brunswick GIS. If an applicant for development approval and the permitting official(s) are in disagreement as to the specific location of a "highly unstable" or "unstable" bluff, or where the top of the bluff is located, the applicant may at his or her expense, employ a Maine Registered Professional Engineer, a Maine Certified Soil Scientist, or a Maine State Geologist to make a determination.

b.

On a nonconforming lot of record on which only one (1) principal residential structure exists and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit for a single accessory structure, with no utilities provided, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight (8) feet in height, shall be located as far from the shoreline, wetland or stream to the greatest extent practicable and shall satisfy all other applicable standards, including, but not limited to, impervious coverage and vegetation clearing limitations. In no case shall the accessory structure be located any closer to the shoreline, wetland or stream than the principal structure.

c.

Notwithstanding the requirements of this Subsection 2.3.3.C(1), stairways or similar structures may be permitted with a Building Permit approved by the Code Enforcement Officer, to provide shoreline access in areas of steep slope or unstable soils, provided that: the structure is limited to a maximum of four (4) 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 Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended); and that the applicant demonstrates that no reasonable alternative for access exists on the property.

(2)

Prohibited Locations of New Structures Within the SPO District. No new principal or accessory structure, except structures requiring direct access to the water as an operational necessity (including, but not limited to, piers, docks, and retaining walls, but excluding recreational boat storage buildings), shall be located within any of the following areas:

a.

Floodplains adjacent to tidal waters, rivers, and artificially formed great ponds along rivers, as defined by the 100-year floodplain designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps Flood Boundary and Floodway Maps or the flood of record.

b.

Areas of two (2) or more contiguous acres with sustained slopes of 20 percent or greater.

c.

Areas of two (2) or more contiguous acres of wetlands that are not part of a freshwater or coastal wetland and are not surficially connected to a river, tidal waters, or stream during the period of normal high water.

d.

Land along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters that are subject to severe erosion or mass movement, such as steep coastal bluffs.

(3)

Shoreland Protection Overlay Zone Permit Requirements and Exceptions. Development and other land use activity within the Shoreland Protection Overlay Zone may be permitted in accordance with Subsection 5.2.6.

(4)

Water-Dependent Structures. New principal and accessory structures requiring direct access to the water as an operational necessity are subject to the supplementary use standards in Subsection 3.4.1.S.

(5)

Agriculture.

a.

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

b.

Storage or stockpiling of manure shall be set back a minimum horizontal distance of:

i.

75 feet of the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; or

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

c.

All manure storage areas shall be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.

d.

Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the SPO District shall require a Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this Ordinance. Assistance in preparing a soil and water conservation plan may be available through the Cumberland County Soil and Water Conservation District Office.

e.

Newly established fields that require tilling of soil shall not be permitted within 75 feet, horizontal distance, of the normal high water line of any river, tidal waters, stream, tributary stream or of the upland edge of a coastal or freshwater wetland.

f.

The tilling of fields that is associated with ongoing farm activities and is not in conformance with the setback requirement in Subsection e above may continue, provided that such tilling is conducted in accordance with a Conservation Plan.

g.

Newly established livestock grazing areas shall be set back at a minimum horizontal distance of 75 feet from the normal high water line of a stream, tributary stream, river, or tidal waters, and the upland edge of a coastal or freshwater wetland. Livestock grazing that is associated with ongoing farm activities and is not in conformance with the above setback requirement may continue, provided that such grazing is conducted in accordance with a Conservation Plan.

(6)

Aquaculture. Aquaculture land use activities extending over or below the normal high-water line or within the wetland located in the SPO-SP and the SPO-RP District shall require Planning Board approval in accordance with the SPO permit standards in Subsection 5.2.6.

(7)

Timber Harvesting. Timber harvesting in the SPO District is subject to and shall comply with the Maine Forest Service's Statewide Standards for Timber Harvesting Activities in Shoreland Areas (04-058 C.M.R. Ch. 21) and the Maine Bureau of Forestry's Forest Regeneration and Clearcutting Standards (01-669 C.M.R. Ch. 20).

(8)

Hazard Trees, Storm-Damaged Trees, and Dead Tree Removal.

a.

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

i.

Within the Shoreland Protection Overlay buffer strip as described within Subsection 2.3.3.C(11)a.i, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one-half (4.5) feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least four (4) feet in height, and be no less than two (2) inches in diameter. Stumps may not be removed.

ii.

Outside of the Shoreland Protection Overlay buffer strip as described within Subsection 2.3.3.C(11)a.i, when the removal of hazard trees exceeds 40 percent of the volume of trees four (4) inches or more in diameter, measured at four and one-half (4.5) feet above ground level in any ten (10) year period, and/or results in cleared openings exceeding 25 percent of the lot area within the Shoreland Protection Overlay, or 10,000 square feet, whichever is greater, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one-half (4.5) feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least two (2) inches in diameter, measured at four and one-half (4.5) feet above the ground level.

iii.

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

iv.

The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Protection Overlay.

v.

The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed eight (8) inches in diameter measured at four and one-half (4.5) feet above the ground level.

b.

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

i.

Within the Shoreland Protection Overlay buffer strip as described within Subsection 2.3.3.C(11)a.i, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:

(A)

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

(B)

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

(C)

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom one-third (⅓) of the tree; and

(D)

If after one (1) growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every 80 square feet of lost canopy.

ii.

Outside of the Shoreland Protection Overlay buffer strip as described within Subsection 2.3.3.C(11)a.i, if the removal of storm damaged trees exceeds 40 percent of the volume of trees four (4) inches or more in diameter, measured at four and one-half (4.5) feet above the ground level in any ten (10) year period, or results, in the aggregate, in cleared openings exceeding 25 percent of the lot area within the Shoreland Protection Overlay or 10,000 square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.

(9)

Exemptions to Clearing and Vegetation Removal Requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Subsection 2.3.3.C(11), provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

a.

The removal of vegetation that occurs at least once every two (2) 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 (2) years, reverts back to primarily woody vegetation, the requirements of Subsection 2.3.3.C(11) apply;

b.

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Subsection 2.3.3.C(1) are not applicable;

c.

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

d.

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Subsection 2.3.3.C(5) are complied with;

e.

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 within the SPO that is part of a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A. § 343-E, as amended, and that is located along:

i.

A coastal wetland; or

ii.

A river that does not flow to a great pond classified as GPA. (Class GPA shall be the sole classification of great ponds and lakes less than ten (10) acres in size [38 M.R.S.A. § 465-A(1)(B), as amended].

f.

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

i.

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

ii.

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

iii.

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

g.

The removal of vegetation associated with emergency response activities conducted by the Department, the U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.

(10)

Revegetation Requirements. When revegetation is required in response to violations of the vegetation standards set forth in Subsection 2.3.3.C(11), to address the removal of non-native invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:

a.

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.

b.

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.

c.

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.

d.

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

i.

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

ii.

Replacement vegetation must at a minimum consist of saplings;

iii.

If more than three (3) trees or saplings are planted, then at least three (3) different species shall be used;

iv.

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

v.

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

vi.

A survival rate of at least 80 percent of planted trees or saplings is required for a minimum five (5) year period.

e.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three (3) feet in height:

i.

All woody vegetation and vegetation under three (3) feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three (3) feet in height as applicable;

ii.

Woody vegetation and vegetation under three (3) feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

iii.

If more than three (3) woody vegetation plants are to be planted, then at least three (3) different species shall be planted;

iv.

No one (1) species shall make up 50 percent or more of the number of planted woody vegetation plants; and

v.

Survival of planted woody vegetation and vegetation under three (3) feet in height must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five (5) years.

f.

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

i.

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

ii.

Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four (4) inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and

iii.

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this Section for a minimum of five (5) years.

(11)

Clearing or Removal of Vegetation for Activities Other than Timber Harvesting.

a.

Preservation of Vegetated Buffers along Water Bodies and Wetlands.

i.

A buffer of vegetation shall be preserved within a strip of land extending a minimum horizontal distance of 75 feet inland from the normal high water line of a stream, tributary stream, river, or tidal waters, and the upland edge of a coastal or freshwater wetland.

ii.

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

iii.

For purposes of the requirement in subsection ii above, a "well-distributed stand of trees" shall be defined as score of 24 or more points in any 25-foot-by-50-foot rectangular (1250 square feet) area as determined by the following rating system.

iv.

The following shall govern in applying this point system:

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

v.

For purposes of the requirement in Subsection ii above, retention of "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two (2) inches in diameter at four and one-half (4.5) feet above ground level for each 25-foot-by-50-foot rectangular area. If five (5) saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until five (5) saplings have been recruited into the plot.

vi.

There shall be no cleared opening in the vegetated buffer's forested canopy (as measured from the outer limits of the tree or shrub crown)—or the canopy of other existing woody vegetation if a forested canopy is not present—that is greater than 250 square feet in area provided, however, that a single footpath no wider than six (6) feet (as measured between tree trunks and/or shrub stems) is allowed for the purpose of accessing the shoreline provided that a cleared line of sight to the water through the buffer strip is not created.

vii.

To maintain a vegetated buffer, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species, in accordance with Subsection 2.3.3.C(10) unless existing new tree growth is present.

viii.

In order to maintain the vegetated buffer, any clearing or removal of vegetation for allowed activities, including associated construction or related equipment operation, within or outside Shoreland Protection Overlay area, shall be in compliance with Subsection 2.3.3.C(11).

ix.

To protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for selective cutting or a foot path as allowed in Subsections ii and vi above.

x.

Pruning of tree branches on the bottom third of the tree is allowed.

xi.

Notwithstanding the above provisions, no more than 40 percent of the total volume of trees four (4) inches or more in diameter, measured at four and one-half (4.5) feet above ground level may be removed in any ten (10) year period.

xii.

This Subsection 2.3.3.C(11)a. does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

b.

Limitation on Selective Cutting Beyond the 75 Foot Vegetated Buffer of Water Bodies and Wetlands.

i.

At horizontal distances greater than 75 feet from the normal high-water line of any water body, tributary stream or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than 40 percent of the volume of trees four (4) inches or more in diameter, measured four and one-half (4.5) feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the four (4) percent calculation. For purposes of this requirement, volume may be considered to be equivalent to basal area.

ii.

In no event shall the aggregate area of openings cleared for any purpose (including, but not limited to, principal and accessory structures, driveways, lawns, and sewage disposal areas) exceed 25 percent of the lot area within the SPO District or 10,000 square feet, whichever is greater. Previously cleared land shall be included in calculating cleared openings.

c.

Additional Standards.

i.

Legally existing cleared openings may be maintained, but shall not be enlarged, except as allowed by this Ordinance. This rule applies specifically to continued maintenance, but not enlargement, of lawns, gardens, and agricultural fields and pastures in existence on January 1, 1974 or legally established thereafter.

ii.

Fields and other cleared openings that have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated by Subsection 2.3.3.C(11).

iii.

In the SPO-RP Subdistrict, clearing of vegetation shall be limited to that which is necessary for permitted uses.

d.

Clearing of Vegetation.

i.

The vegetation clearing standards of this Ordinance can be exceeded with prior written approval of the Code Enforcement Officer under the following conditions:

(A)

The work shall be completed by a qualified professional under the supervision of a public natural resource agency or municipal department exclusively for the purpose of controlling the spread of invasive species and restoring natural areas.

(B)

Woody species removed that exceed the required stand scoring limits are non-native invasive species including: Norway Maple (Acer platanoides), Japanese barberry (Berberis thunbergii), Asiatic bittersweet (Celastrus orbiculata), glossy buckthorn (Frangula alnus), Morrow's honeysuckle (Lonicera morrowii), Japanese honeysuckle (Lonicera japonica), Tartarian honeysuckle (Lonicera tatarica), multiflora rose (Rosa multiflora), or other species identified as woody invasive plants by the Maine Natural Areas Program (MNAP). If removal of these species exceeds the required "well-distributed stand" scoring limits in Subsection a.ii above, native species will be planted to return the area to compliance with the "well distributed stand" requirement prior to the start of the next growing season.

(C)

Non-native invasive woody species under three (3) feet in height and herbaceous invasive species—including Japanese knotweed (Fallopia japonica), purple loosestrife (Lythrum salicaria), and other species identified as invasive plants by the Maine Natural Areas Program (MNAP), can be removed if the area is replanted and monitored for the successful establishment of native species at an equal or greater density than the species removed.

(D)

Temporary erosion control measures shall be installed prior to the start of the activity if the invasive species removal effort has the potential to result in erosion of soil into the resource.

(E)

All disturbed areas shall be permanently stabilized in accordance with Subsection 2.3.3.C(10), Revegetation Requirements.

(12)

Erosion and Sedimentation Control.

a.

Activities requiring Development Review that involve filling, grading, excavation or other similar activities resulting in unstabilized soil conditions shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the Review Authority for approval and shall include, where applicable, provisions for:

i.

Mulching and revegetation of disturbed soil;

ii.

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

iii.

Permanent stabilization such as retaining walls or rip rap.

b.

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

c.

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

d.

Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked by use of riprap, sod, seed, mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:

i.

Where mulch is used, it shall be applied at a rate of at least one (1) bale per 500 square feet and shall be maintained until a catch of vegetation is established.

ii.

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

iii.

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

e.

Natural and artificial drainage ways and drainage outlets shall be protected from erosion caused by water flow. Drainage ways shall be designed and constructed to carry water from a 25-year storm or greater, and shall be stabilized with vegetation or rip-rap.

f.

When an excavation contractor will perform an activity that requires or results in more than one (1) cubic yard of soil disturbance, the person responsible for management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that employment.

(13)

Mineral Exploration and Extraction.

a.

All mineral exploration and extraction within the SPO District shall be subject to the following requirements in addition to the supplemental use standards applicable to mineral extraction in Subsection 3.4.1.T (Mineral Extraction). The Review Authority may impose such necessary conditions to a Site Plan Approval to minimize adverse impacts associated with mineral extraction operations on surrounding uses and resources.

b.

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods that create minimal disturbance of less than 100 square feet of ground surface. A Special Permit shall be required for mineral exploration that exceeds the above limitation.

c.

All excavations, including test pits and holes, shall be immediately capped, filled, or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.

d.

No new gravel pits may be developed within the SPO District unless it can be demonstrated that no reasonable alternative exists outside the zone. When gravel pits must be located within the zone, they shall be set back as far as practicable, and, at a minimum, in conformance with the following setback standards in Subsection e. below.

e.

Any extraction operation, including drainage and runoff control features, shall be set back a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; and

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

f.

Gravel pits shall be screened from a stream, tributary stream, river, tidal waters, or wetland by vegetation.

g.

Extraction operations shall be set back a minimum horizontal distance of 75 feet from any property line without written permission of the owner of the adjacent property.

h.

Extraction operations at an extraction site shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive 12-month period. Within 12 months after that time, ground levels and grades shall be established in accordance with the following:

i.

All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on site. Only materials generated on-site may be buried or covered on-site.

ii.

The final graded slope shall be 2.5:1 (horizontal to vertical) or flatter.

iii.

Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with native vegetation. Additional top soil or loam shall be obtained from off-site sources, if necessary, to complete the stabilization project.

i.

The reclamation plan required by Subsection 3.4.1.T(5) shall include a detailed description of the procedures to be undertaken to fulfill the requirements of Subsection h above.

(14)

Structures and Other Activities Extending Over or Below a Water Body or Within a Wetland or Shoreline Stabilization Area. The following requirements apply to piers, docks, wharves, bridges, shoreline stabilization projects, and other structures and activities extending over or below the normal high-water line of a water body, or within a wetland or shoreline stabilization area. (Note: New permanent structures, and expansions thereof, projecting into or over water bodies require a permit from the Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended. Permits may also be required from the U.S. Army Corps of Engineers if located in navigable waters.)

a.

No more than one (1) pier, dock, wharf, or similar structure extending over or located below the normal high-water line of a water body, or within a wetland or shoreline stabilization area is permitted on a single lot; except on single lots having a lot width at least twice the required lot width of the base zoning district and at least twice the minimum shorefrontage as specified in Table 4.2.5.F(1), a second structure may be permitted and may remain as long as the lot is not further divided.

b.

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

c.

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

d.

The structure or activity shall be located so as to minimize adverse effects on fisheries as determined by the Marine Resource Officer or designee.

e.

The structure or activity shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock, or wharf shall not be wider than six (6) feet for noncommercial uses.

f.

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

g.

New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Code Enforcement Officer that a temporary pier or dock is not feasible, and a permit has been obtained from the Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended.

h.

A structure constructed on a float is prohibited unless it is designed to function as a watercraft and is registered as such with the Maine Department of Inland Fisheries and Wildlife.

i.

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

j.

Structures built on, over, or abutting a pier, wharf, dock, or other structure extending beyond the normal high-water line of a water body or within a wetland or shoreline stabilization area shall not exceed 20 feet in height above the pier, wharf, dock, or other structure.

k.

Commercial marine activities and piers, docks, wharves, breakwaters, causeways, marinas, bridges, and other structures projecting into water bodies shall conform to the supplementary use standards in Subsection 3.4.1.S.

l.

Vegetation may be removed in excess of the standards in Subsection 2.3.3.C.(11) in order to stabilize an eroding shoreline, provided that prior to such removal, the proposed activity is reviewed onsite and approved by the Code Enforcement Officer. Construction equipment shall access the shoreline by barge when feasible, as determined by the Code Enforcement Officer.

i.

When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization site by land shall be limited to no more than 12 feet in width. Upon completion of the stabilization activity, the area cleared for construction equipment access shall be restored with native trees and other vegetation, in accordance with a plan submitted to and approved by the Code Enforcement Officer.

ii.

Revegetation shall be completed in accordance with Subsection 2.3.3.C(10).

m.

A deck over a river may be exempt from the 125 foot shoreland setback requirement for new construction if the new construction is part of a downtown revitalization project, defined in a project plan and approved by Town Council. This may include the revitalization of structures formerly used as mills that do not currently meet the structure setback requirements, if the proposed deck complies with the following:

i.

The total deck area attached to the structure does not exceed 700 square feet;

ii.

The deck is cantilevered over a river segment that is located within the boundaries of the downtown revitalization project area;

iii.

The deck is attached or accessory to a permitted commercial use in a structure constructed prior to 1971 and is located within the boundaries of the downtown revitalization project area;

iv.

The deck construction complies with all other applicable standards, with the exception of shoreland setback requirements contained in Subsection 2.3.3.(C); and

v.

The deck construction complies with all other local, State and Federal laws and regulations.

n.

All projects require a review and a written report from the Coastal Resources Manager, outlining the resource characteristics of the project site.

(15)

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

a.

Unless the Review Authority determines that no reasonable alternative exists, roads and driveways shall be set back a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; and

iii.

125 feet from the upland edge of any coastal or freshwater wetland.

b.

On determining that no reasonable alternative exists to compliance with a minimum road/driveway setback requirement in Subsection a above, the Review Authority may reduce the minimum setback to no less than 50 feet 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.

c.

On slopes of greater than 20 percent, the minimum road/driveway setbacks required in subsection a above shall be increased by ten (10) feet for each five (5) percent increase in slope above 20 percent.

d.

The minimum road/driveway setbacks required in subsection a above do not apply to approaches to water crossings 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 Subsection a above except for that portion of the road or driveway necessary for direct access to the structure.

e.

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.

f.

New roads and driveways are prohibited in the areas described in Subsection 2.3.3.C(2) (Prohibited Locations of New Structures), except that the Review Authority may grant a permit to construct a road or driveway to provide access to permitted uses within those areas on finding that no reasonable alternative route or location is available outside of those areas in which case the road and/or driveway shall be set back as far as practicable from the water body, tributary stream or upland edge of a wetland.

g.

Road and driveway grades shall be no greater than ten (10) percent except for driveway segments of less than 200 feet.

h.

Road and driveway banks shall be no steeper than a slope of 2:1 horizontal to vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection 2.3.3.C(12).

i.

To prevent road and driveway surface drainage from directly entering a water body, tributary stream or wetland, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip along a stream, tributary stream, river, tidal waters, or wetlands.

i.

The minimum horizontal width of an unscarified buffer strip along the normal high water line of a stream or tributary stream shall be 25 feet.

ii.

The minimum width of an unscarified buffer strip along the normal high water line of a river or tidal waters, or upland edge of a coastal or freshwater wetland, shall equal 50 feet plus two (2) times the average slope between the outflow point of the ditch or culvert and the river, tidal waters, or wetland.

j.

Surface drainage 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.

k.

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

i.

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

ii.

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

iii.

On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a 30 degree angle downslope from a line perpendicular to the centerline of the road or driveway.

iv.

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

l.

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

(16)

Campgrounds. Campgrounds shall conform to the minimum requirements imposed under State licensing and permitting procedures and the following:

a.

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; and

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

b.

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

c.

All campgrounds are subject to Development Review and approval by the Maine Department of Human Services.

(17)

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

a.

One (1) campsite per lot existing on the effective date of this Ordinance, or 30,000 square feet of lot area within the SPO District, whichever is less, may be permitted.

b.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; and

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

c.

Only one (1) recreational vehicle shall be allowed on a campsite. The recreational vehicles shall not be located on any type of permanent foundation and no structure(s) except canopies shall be attached to the recreation vehicle.

d.

The clearing of vegetation for the siting of the recreational vehicle, tent, or similar shelter shall be limited to an area of 1,000 square feet.

e.

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

f.

No recreational vehicles, tent, or similar shelter shall be placed on-site for more than 120 days per year.

g.

When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite separately.

(18)

Sanitary Standards. As well as meeting all requirements of the State of Maine Subsurface Wastewater Disposal Rules, all on-site septic systems located within the SPO District shall meet the following additional standards:

a.

All parts of all types of subsurface wastewater disposal systems shall be set back a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters; and

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

b.

No clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall occur within a minimum horizontal distance of:

i.

75 feet from the normal high water line of a stream or tributary stream;

ii.

125 feet from the normal high water line of a river or tidal waters;

iii.

125 feet from the upland edge of a coastal or freshwater wetland.

c.

A holding tank is not allowed for a first-time residential use.

d.

The Local Plumbing Inspector may consider and grant a request to reduce this setback for a replacement subsurface wastewater disposal system if a report prepared by a soils scientist or site evaluator registered in the State of Maine is submitted and accepted, and the report states that:

i.

The existing system is failing;

ii.

No suitable location exists outside the setback; and

iii.

The proposed location meets the required setbacks to the greatest extent practicable.

e.

Setbacks for new subsurface wastewater disposal facilities cannot be reduced by Variance.

(19)

Overboard Discharge Systems. Overboard discharge from a sewage disposal system, in which sewage (chlorinated or otherwise) flows into a protected resource, is prohibited. Systems licensed prior to June 6, 1994, may continue as long as they are in compliance with all appropriate State laws and do not involve expansion of the existing system.

(20)

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

(21)

Soils.

a.

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction.

b.

Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and prepared by a State-certified professional. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevations, presence of ledge, drainage conditions, and other pertinent data that the evaluator deems appropriate. The soils report shall include recommendations for the proposed use to counteract soil limitations where they exist.

(22)

Archaeological Sites.

a.

In accordance with Subsection 4.3.9, any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places (as determined by the Maine Historic Preservation Commission and further referenced in Subsection 4.3.9) shall be submitted to that Commission for review and comment at least 20 days prior to action being taken by the Review Authority. The Review Authority shall consider comments received from the Commission prior to rendering a decision on the application. A list of Historic Places compiled by the Commission shall be kept on file in the Planning and Development Department.

b.

A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.

(23)

Parking Areas.

a.

Parking areas shall meet the minimum water body and wetland setback requirements for principal and accessory structures in Subsection 2.3.3.C(1). On finding that no reasonable alternative to compliance with a required minimum setback exists, the Review Authority may reduce the minimum setback for parking areas serving a public or private boat launching facility to no less than 50 feet from the normal high water line of a stream, tributary stream, river, or tidal waters, and the upland edge of a coastal or freshwater wetland.

b.

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

c.

Parking areas shall conform to the design standards in Section 4.9 (Parking and Loading). In addition, parking spaces for vehicles with boat trailers shall be at least 40 feet in length.

(24)

Stormwater Runoff.

a.

All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features such as berms, swales, terraces, and wooded areas shall be retained to reduce runoff and encourage infiltration of stormwater.

b.

Direct discharge of stormwater into any water body shall be avoided.

c.

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

(25)

Essential Services.

a.

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

b.

The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection (SPO-RP) or a Stream Protection (SPO-SP) Sub-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, but not limited to, visual impacts.

c.

Damaged or destroyed utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a Shoreland Protection Permit.

(26)

Minor Utilities.

a.

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

b.

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

c.

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

(27)

Recreational Trails.

a.

General. The following standards are applicable to all Recreational Trails:

i.

Recreational trails shall be designed and constructed consistent with the standards contained in this ordinance.

ii.

For Trail Spurs, the spur itself shall generally extend perpendicular from the primary trail but shall be constructed as a winding pathway.

iii.

Where a recreational trail is permitted within 75 feet of a water body, tributary stream or wetland, tree cutting associated with the recreational trail construction shall be limited to the minimum amount necessary and, to the extent practical tree canopies over the trail shall be preserved.

iv.

All portions of a recreational trail, including any trail spurs, shall be designed and constructed to shed water, avoid erosion, and minimize channelized flow to surface waters.

v.

A trail that exceeds the limitations contained in this section shall meet all of the standards for roads and driveways found in Subsection 2.3.3.C(15).

vi.

The use may be limited to foot or other non-motorized means of transportation or a combination of either use. Recreational trails include primitive trails, and multiple use non-motorized trails.

b.

Primitive Trails. The following standards are applicable to Primitive Trails:

i.

Primitive trails shall be set back at least 10 feet, horizontal distance, from the normal high-water line of a water body, tributary stream or upland edge of a wetland, except for water body, tributary stream, and wetland crossings, and water access sites. Water access sites are limited to one site per 500 feet of shore frontage, excluding canoe portage locations and allowed footpaths pursuant to Subsection 2.3.3.C(11)a.vi and shall be limited to the width of the trail. Private water access sites shall not be located closer than 200 linear feet from a footpath allowed by Subsection 2.3.3.C(11)a.vi.

ii.

Primitive trails shall be constructed using hand tools only, including power hand tools.

iii.

The trail must be designed and constructed such that soil erosion will be prevented. Such prevention measures may include steps, water bars, drainage dips, and minor side-sloping of trails, in addition to lining of the trail with crushed rock, pea stone, or other natural material.

iv.

Where necessary, wooden walkways, bridges, and similar installations, no more than four (4) feet in width, are allowed in wet, rocky or unstable areas.

c.

Category 2 Multiple Use Non-Motorized Trails With or Without Trail Spurs. The following standards are applicable to Category 2 Multiple Use Non-Motorized Trails and attached Trail Spurs:

i.

Electrically operated bicycles, wheelchairs, and similar transportation-related equipment may be used only by persons with disabilities are permitted.

ii.

A Category 2 multiple use non-motorized trail, including its base, shall set back at least 50 feet, horizontal distance, from the normal high-water line of a water body, tributary stream or the upland edge of a wetland, except for water and wetland access sites, and except where an existing trail base or developed area is present, including but not limited to a discontinued rail bed, roadway, parking area or industrial site. The Staff Review Committee may waive the setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include, but are not limited to, the avoidance of railroad tracks, roads and wetland crossings, the circumvention of bridge abutments, ledges and steep slopes, and the need to meet required safety standards. Where necessary, elevated walkways or platforms no more than seven (7) feet in width over a water body or wetland resource may be permitted.

iii.

Trail spurs, no more than five (5) feet in width, may be constructed to the water or wetland. No trail spur, however, shall be located less than 500 linear feet from another trail spur. Clearing of vegetation for a trail spur shall not exceed 200 square feet per 25 linear feet of trail length.

iv.

Where necessary to prevent erosion of surface materials, trail surfaces shall be paved, graveled, mulched, or otherwise stabilized.

d.

Category 1 Multiple Use Non-Motorized Trails With or Without Trail Spurs. The following standards are applicable to Category 1 Multiple Use Non-Motorized Trails and related Trail Spurs:

i.

Category 1 multiple use non-motorized trails shall meet the same shoreline or wetland setback requirement as that required of structures within the SPO except as follows:

(A)

A trail may be permitted over an existing base, such as a discontinued rail bed, roadway, berm, dike, parking lot or industrial site. The trail may be expanded within a road or rail right-of-way existing on the effective date of this ordinance, provided that no part of the expanded trail is less than 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream or the upland edge of a wetland.

(B)

Notwithstanding the above limitations, the Staff Review Committee may waive the water or wetland setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include, but are not limited to, the avoidance of railroad tracks, roads, and wetland crossings, the avoidance of permanent structures, ledges, and steep slopes, and the need to meet required safety standards. When the applicant demonstrates the need, an elevated walkway or platform over wetlands or water bodies may be permitted, provided that it is no larger than necessary. (Note: Elevated walkways within the Flood Protection Overlay (FPO) District must comply with Subsection 2.3.4., and may require a permit from the DEP pursuant to the Natural Resources Protection Act (NRPA)).

(C)

When a trail is permitted within the structure setback area, any significant areas of exposed mineral soil present between the trail and the water body or wetland shall be planted with native vegetation or be otherwise stabilized to prevent erosion and protect water quality.

ii.

Trail spurs, no greater than eight (8) feet in width, may be established at distances no less than 500 linear feet apart. Clearing of vegetation for a trail spur shall not exceed 250 square feet per 25 feet of spur length. Trail spurs that extend to the shoreline shall not include any structural development except that necessary for shoreline stabilization or trail hardening, and except for the placement of a bench or similar object for sitting purposes. No trail spur shall be permitted on sustained ground slopes of greater than 15%.

iii.

Trail surfaces must either be paved, graveled, mulched or otherwise stabilized/surfaced to prevent erosion of surface materials. Trail banks and side slopes steeper than a 50% slope and retaining walls greater than four (4) feet in height shall be designed by a professional engineer and shall be stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection 2.3.3.C(12).

iv.

No motorized vehicles are permitted with the exception of electrically operated bicycles, wheelchairs, and similar transportation-related equipment used only by persons with disabilities, and vehicles necessary for maintenance and emergency purposes are permitted.

2.3.4. Flood Protection Overlay (FPO) District.

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

A.

Purpose. The purpose of the FPO District standards is to:

(1)

Protect human life, health, and welfare;

(2)

Encourage the use of construction practices that will prevent or minimize flood damage in the future;

(3)

Reduce financial burdens on the Town and its residents by discouraging unwise design and construction in areas subject to flooding;

(4)

Minimize the need for and cost of rescue and relief efforts associated with flooding;

(5)

Minimize prolonged business interruptions;

(6)

Minimize damage to public facilities and utilities such as streets and bridges; water and sewer lines; gas lines; electric, telecommunications, and telephone lines;

(7)

Minimize flooding of water supply and sanitary sewage disposal systems and the public health risks related to interruptions of these important public services;

(8)

Minimize interference with floodwater storage and conveyance facilities;

(9)

Maintain natural drainage and minimize the impact of development on the natural and beneficial functions of floodplains; and

(10)

Meet the requirements of the National Flood Insurance Program and all related requirements of Maine law.

B.

Definition and Delineation of FPO District.

(1)

The FPO District consists of any land in the floodplain lying within the 100-year flood boundary (Special Flood Hazard Area) as delineated on the Flood Insurance Rate Map of the Town as part of the National Flood Insurance Program.

(2)

The FPO District is comprised of Zones A, AE, and VE, as identified by the Federal Emergency Management Agency in the report "Flood Insurance Study: Cumberland County, Maine" dated June 20, 2024, as amended, with the accompanying "Flood Insurance Rate Map" (FIRM) and which are incorporated by reference into this Ordinance.

(3)

In a case where the boundary of the FPO District or one (1) of its zones is believed to be incorrectly delineated, the property owner may apply to the Federal Emergency Management Agency for a Letter of Map Correction as outlined in the National Flood Insurance Program Regulations 44 CFR Part 65.

C.

Permit Requirements for the FPO District.

(1)

Flood Hazard Development Permit Required. All development within the FPO District shall require a Flood Hazard Development Permit obtained in accordance with Section 5.2.5 (Flood Hazard Development Permit).

(2)

No land in the FPO District shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a Certificate of Compliance is issued by the Code Enforcement Officer subject to the following provisions:

a.

The applicant shall submit to the Code Enforcement Officer written notification that the development is complete and complies with this Ordinance, along with an Elevation Certificate completed by:

i.

A Professional Land Surveyor for compliance with Subsection 2.3.4.D(2), Subsection 2.3.4.D(3), Subsection 2.3.4.D(4), and Subsection 2.3.4.D(12); and

ii.

A registered professional engineer or architect for compliance of floodproofed.

b.

Nonresidential structures with Subsection 2.3.4.D(3) and compliance of structures constructed in the coastal floodplains with Subsection 2.3.4.D(12).

c.

The Code Enforcement Officer shall review the Elevation Certificate and shall issue a Certificate of Compliance if the building conforms to the provisions of this Ordinance.

D.

Additional Requirements for the FPO District. The requirements in this Subsection shall apply to all development within the FPO District.

(1)

General.

a.

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

b.

Construction material and utility equipment shall be resistant to flood damage.

c.

Construction methods and practices shall be used to minimize flood damage.

d.

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

e.

Zones A and AE shall have the bottom of all electrical, heating, plumbing, ventilation and air conditioning equipment, permanent fixtures and components, HVAC ductwork and duct systems, and any other utility service equipment, facilities, machinery, or connections servicing a structure, elevated to at least one foot above the base flood elevation.

f.

Zone VE shall meet the requirements of Subsection 2.3.4D(12).

g.

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

h.

All development projects in Zones AE and VE that cause physical changes to the natural landscape shall be reviewed by a Qualified Professional to determine whether or not the project changes the base flood elevation, zone, and/or the flood hazard boundary line.

1.

If the Qualified Professional determines, through the use of standard practices, that the project would not necessitate a Letter of Map Revision (LOMR), a certified statement shall be provided;

2.

If the Qualified Professional determines that the project may cause a change, a hydrologic and a hydraulic analysis that meets current FEMA standards shall be performed;

3.

If the hydrologic and hydraulic analysis performed indicates a change to the base flood elevation, zone, and/or the flood hazard boundary line, the applicant may submit a Conditional Letter of Map Revision (C-LOMR) request to the Federal Emergency Management Agency for assurance the as-built project will result in a change to the Flood Insurance Rate Map. Once the development is complete, a request for a Letter of Map Revision (LOMR) shall be initiated; or

4.

If the hydrologic and hydraulic analysis performed show a change to the base flood elevation, zone, and/or the flood hazard boundary line, as soon as practicable, but no later than 6 months after the completion of the project, the applicant shall submit the technical data to FEMA in the form of a Letter of Map Revision Request (LOMR).

(2)

Residential Structures.

a.

New construction or the substantial improvement of any residential structures located within Zones A and AE shall have the lowest floor (including the basement) elevated at least one (1) foot above the base flood elevation.

b.

New construction or the substantial improvement of any residential structures located within Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing elevation information available from federal, State, and other sources.

c.

New construction or the substantial improvement of any residential structures located within Zones VE and Coastal AE shall meet the requirements of Subsection 2.3.4.D(12).

(3)

Nonresidential Structures.

a.

New construction or substantial improvement of any nonresidential structures located within Zone AE shall have the lowest floor (including basement) elevated to at least one (1) foot above the base flood elevation, or together with attendant utility and sanitary facilities, shall:

i.

Be floodproofed to at least one (1) foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to passage of water;

ii.

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

iii.

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be part of the application for a Flood Hazard Development Permit, and shall include a record of the elevation above mean sea level to which the structure is flood proofed.

b.

New construction or substantial improvement of any nonresidential structures located within Zone A shall have the lowest floor (including basement) elevated to at least one (1) foot above the base flood elevation by utilizing elevation information elevation available from federal, State, or other sources or together with attendant utility and sanitary facilities meet the floodproofing standards of Subsection 2.3.4.D(3) (Nonresidential Structures).

c.

New construction or substantial improvement of any nonresidential structures located within Zones VE and Coastal AE-30 shall meet the requirements of Subsection 2.3.4.D(12).

(4)

Mobile Homes.

a.

New or substantially improved mobile homes located within Zone AE shall:

i.

Be elevated on a permanent foundation such that the lowest floor is at least one (1) foot above the base flood elevation; and

ii.

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

(A)

Over-the-top ties anchored to the ground at the four (4) corners of the manufactured home, plus two (2) additional ties per side at intermediate points (modular housing less than 50 feet long requires one (1) additional tie per side); or by,

(B)

Frame ties at each corner of the home, plus five (5) additional ties along each side at intermediate points (modular housing less than 50 feet long requires four (4) additional ties per side).

iii.

All components of the anchoring system described above shall be capable of carrying a force of 4,800 pounds.

b.

New or substantially improved mobile homes located within Zone A shall be elevated on a permanent foundation such that the lowest floor is elevated to at least one (1) foot above the base flood elevation as determined by utilizing information on the base flood elevation available from federal, State, and other sources.

c.

New or substantially improved mobile homes located within Zones VE and Coastal AE shall meet the requirements of Subsection 2.3.4.D(12).

(5)

Recreational Vehicles.

a.

Recreation vehicles located within Zones A1 and AE shall either:

i.

Be on the site for fewer than 180 consecutive days;

ii.

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

iii.

Be permitted in accordance with the elevation and anchoring requirements for "modular housing" in Subsection 2.3.4D(3)a above.

b.

Recreation vehicles located within Zones VE and Coastal AE shall meet the requirements of Subsection 2.3.4.D(5)a.i, Subsection 2.3.4.D(5)a.ii, or Subsection 2.3.4.D(12).

(6)

Accessory Structures.

a.

Accessory structures located within Zones A and AE shall be exempt from the elevation criteria required in Subsections 2.3.4.D(2) and 2.3.4.D(3) if all other requirements of Section 2.3.4.D and all the following requirements are met.

b.

Accessory structures shall:

i.

Have an area of 500 square feet or less and have a value less than $3,000;

ii.

Have unfinished interiors and not be used for human habitation;

iii.

Have hydraulic openings as specified in Subsection 2.3.4.D(8)a.ii(C) in at least two (2) different walls of the accessory structure;

iv.

Be located outside the floodway;

v.

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

vi.

Have only ground fault interrupt electrical outlets and have electric service disconnects located above the base flood elevation and, when possible, outside the Special Flood Hazard Area.

vii.

Be located outside the Coastal AE Zone.

(7)

Floodway Encroachments.

a.

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

b.

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

i.

Will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community; and

ii.

Is consistent with the technical criteria contained in FEMA's guidelines and standards for flood risk analysis and mapping.

c.

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

(8)

Hydraulic Openings/Flood Vents.

a.

New construction or substantial improvement of any structure in Zones A and AE that meets the standards in Subsection 2.3.4.D (Additional Requirements for the FPO District), including the elevation requirements of Subsections 2.3.4.D(2), 2.3.4.D(3), and 2.3.4.D(4); and is elevated on posts, columns, piers, piles, "stilts," or crawl spaces may be enclosed below the base flood elevation provided all the following standards are met:

i.

Enclosed areas shall not be "basements" as defined in Subsection 1.7.2 (Definitions).

ii.

Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must either be engineered and certified by a registered professional engineer or architect or meet the following standards:

(A)

A minimum of two (2) openings having a total net area of not less than one (1) square inch shall be provided for every square foot of the enclosed area;

(B)

The bottom of all openings shall be no higher than one (1) foot above the lowest grade; and

(C)

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

iii.

The enclosed area shall not be used for human habitation.

iv.

The enclosed areas shall be usable solely for building access, parking vehicles, or storing of articles and equipment used for maintenance of the building.

(9)

Bridges. New construction or substantial improvement of any bridge crossing a water body and located within Zones A, AE and VE shall:

a.

When possible, be designed so that the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one (1) foot above the base flood elevation; and

b.

Be certified by a registered professional engineer that:

i.

The structural design and methods of construction meet the elevation requirements of this section and the floodway standards in Subsection 2.3.4.D(7); and

ii.

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

(10)

Containment Walls.

a.

New construction or substantial improvement of any containment wall located within Zones A, AE, and VE shall:

i.

Have the containment wall elevated to at least one (1) foot above the base flood elevation;

ii.

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

iii.

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this Subsection.

(11)

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

a.

In Zones A and AE, the wharf, pier, or dock shall comply with all applicable local, state, and federal regulations; must be reasonably safe from flooding, and not increase flood risk; or

b.

In Zone VE, any permanent wharf, pier, or docks shall have a Qualified Professional develop or review the structural design and specifications, must be reasonably safe from flooding; and not increase flood risk.

(12)

Coastal Floodplains.

a.

All new construction located within Zones A, AE, and VE shall be located landward of the reach of the mean high tide except as provided in Subsection b.vii below.

b.

New construction or substantial improvement of any structure located within Zones VE and Coastal AE shall meet the following standards:

i.

The structure shall be elevated on posts or columns such that:

(A)

The bottom of the lowest structural member of the lowest floor (excluding the pilings or columns) is elevated to one (1) foot above the base flood elevation; and

(B)

The pile or column foundation and the elevated portion of the structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state and local building standards.

ii.

The structure shall have the space below the lowest floor:

(A)

Free of obstructions;

(B)

Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or

(C)

Constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten (10), nor more than 20, pounds per square foot.

iii.

A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the structure and certify that they:

(A)

Meet or exceed the technical criteria contained in the current edition of the Coastal Construction Manual, and

(B)

Are in accordance with accepted standards of practice for meeting the standards in this Subsection b.

iv.

The use of fill for structural support in Zones VE and Coastal AE is prohibited.

v.

Human alteration of sand dunes is prohibited unless it can be demonstrated that such alterations will not increase potential flood damage.

vi.

The enclosed areas may be used solely for parking vehicles, building access, and storage.

vii.

Physical changes to the natural landscape in Zone VE are subject to requirements in Subsection 2.3.4.D.1.g.

viii.

Wharves, piers, and docks in Zone VE are subject to the requirements in Subsection 2.3.4.D.11.

ix.

Lobster sheds and fishing sheds located seaward of mean high tide shall be exempt from the elevation requirement in Subsection 2.3.4.D(2) and are permitted in accordance with the requirements of Subsections 2.3.4.D(7) and 2.3.4.D(8) and shall comply with all of the following standards:

(A)

The sheds shall be limited to low value structures, such as metal or wood sheds, that have a floor area of 200 square feet or less and do not exceed more than one story.

(B)

The structure shall be securely anchored to the wharf or pier to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.

(C)

The structure will not adversely increase wave or debris impact forces affecting nearby buildings.

(D)

The structure shall have unfinished interiors and shall not be used for human habitation.

(E)

Any mechanical, utility equipment, and fuel storage tanks shall be anchored and either elevated or floodproofed to one foot above the base flood elevation.

(F)

All electrical outlets shall be ground fault interrupt type. The electrical service disconnect shall be located onshore, above the base flood elevation, and when possible, outside the Special Flood Hazard Area.

(13)

Statement of FPO District Regulations Applicability. A statement that construction and other development in the FPO District must meet the requirements of this Subsection shall be included in any deed, lease, purchase and sales agreement, or document transferring or expressing intent to transfer any interest in real estate or structure including, but not limited to, a time-share interest. The statement shall clearly articulate that the Town may enforce any violation of these requirements. The statement shall also be included on any map, plat, or plan to be signed by the Review Authority as part of the approval process.

(14)

Warning and Disclaimer of Liability. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazard or uses permitted with such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the Town of Brunswick or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

2.3.5. Wildlife Protection Overlay (WPO) District.

A.

Purpose.

(1)

The purpose of the Wildlife Protection Overlay (WPO) District is to reduce the continuing loss of habitat for native species in rural zoning districts, while simultaneously accommodating development within those districts.

(2)

The intent of the requirements of this Subsection 2.3.5 is to minimize the removal of woody vegetation that breaks large unfragmented forest blocks into smaller patches of forest; and to minimize activities that block or limit species movement between unfragmented forest blocks. These activities are hereafter referred to as "fragmentation".

B.

Delineation.

(1)

The WPO District consists of:

a.

Wildlife Habitat Blocks that consist of the rural portions of large (greater than 150 acres) continuous blocks of naturally occurring stands dominated by woody vegetation; and

b.

Wildlife Corridors that consist of the overland connections between Wildlife Habitat Blocks that provide naturally vegetated linkages supporting daily and seasonal species movement between Wildlife Habitat Blocks.

c.

WPO District boundaries and the boundaries of Wildlife Habitat Blocks and Wildlife.

(2)

Corridors are delineated on the Brunswick Zoning Map and are based on aerial photo imagery that depict land-use changes known to have occurred through December 2015. Those boundaries will be adjusted as approved development within the WPO District occurs.

C.

Requirements.

(1)

Applicability and Exempt Activities.

a.

The requirements in this Subsection C shall apply to the following activities:

i.

Disturbance, as defined in Subsection 1.7.2;

ii.

New development;

iii.

Construction, enlargement or placement of a new building or structure;

iv.

Construction of a road, driveway, or parking lot;

v.

Creation or expansion of commercial utility corridors;

vi.

Installation of a fence within the Wildlife Corridors except:

(A)

Fences used as lawn accessories; or

(B)

Fences that enclose existing cleared areas; or

(C)

Fences erected for standard agricultural purposes; or

(D)

Fences lower than four and one-half (4.5) feet and that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground.

b.

The following activities do not pose a significant adverse impact on the environmental value of unfragmented blocks and corridors, and therefore are exempt from the standards of this Subsection C. (The standards of the underlying base zoning district and other overlay districts continue to govern these activities where applicable):

i.

Maintenance of existing hayfields and pastures.

ii.

Standard farming activities at an existing establishment practicing agriculture including, but not limited to:

(A)

The construction of traditional walls and fences for the purpose of enclosing existing livestock areas or delineating existing fields, pastures, crops, and garden plots;

(B)

Construction or improvement of structures used for an agricultural use;

(C)

Bush-hogging existing regenerating fields for agricultural purposes;

(D)

Creation of utility lines and corridors directly associated with farm operations; and

(E)

Creation of impervious surfaces for the purposes of equipment and product storage, and access to existing agricultural facilities, fields, and pastures.

iii.

Forest management activities, including: commercial woodlot management completed in accordance with Maine Forest Practices Act; harvesting of wood products for personal use (but not permanent clearing as defined in Subsection 1.7.2; and removal of dead, dying, and diseased trees (The removal of stumps, and grading conducted to limit natural regeneration of trees is not considered a forest management activity).

iv.

Structures constructed or placed on existing maintained lawns or impervious surfaces.

v.

Permanent clearings within Wildlife Corridors less than 10,000 square feet in size.

vi.

The construction of one (1) single family dwelling and accessory structures on a lot that is created by a single division of an existing parcel and has frontage on a public road, where the total area of disturbance within the WPO District does not exceed one (1) acre.

vii.

The maintenance of existing agricultural clearings (including pastures).

D.

General Standards.

(1)

Activities in the Wildlife Protection Overlay District shall minimize disturbances to the extent feasible.

(2)

Activities are subject to habitat mitigation, or eligible for density bonuses, based on the provisions in Subsection 2.3.5.E.

(3)

The Review Authority may reduce applicable front, side, and rear setback requirements to minimize disturbances within the Wildlife Protection Overlay District provided that:

a.

No other reasonable alternative exists; and

b.

The setback reduction(s) will not cause unreasonable adverse impacts to the adjacent property.

E.

Habitat Mitigation Requirements and Density Bonus Eligibility.

(1)

Wildlife Habitat Blocks.

a.

Habitat mitigation requirements within a Wildlife Habitat Block are set forth in the following table, as determined separately for each percentage category of disturbance.

NOTES:

1. The amount of the Disturbance is the cumulative amount on parcels that exist as of record on April 5, 2006 ("original parcels"). The subsequent division of the original parcel does not change the measurement of cumulative Disturbance on the original parcel. The burden of documenting and calculating all disturbance to the original parcel since April 5, 2006, is on the applicant.

2. In the case of subdivisions, disturbance includes those portions of residential lots that are not encumbered by conservation easement, deed restriction, or similar mechanism that limits future disturbances to those meeting the purposes of the WPO District.

b.

Land for Wildlife Habitat Block mitigation required in accordance with the Table 2.3.5.E in Subsection a above shall be permanently protected through a conservation easement, deed restriction, or similar mechanism that limits future disturbance, in accordance with Subsection 4.2.5.C. Such a mechanism can be utilized on portions of newly created lots to meet the mitigation requirement.

c.

Mitigation land should be within the same continuous block as the disturbed area. If the Review Authority determines that no land is available in the same Wildlife Habitat Block, then land in another Wildlife Habitat Block or in a Wildlife Corridor may be used to satisfy this requirement.

d.

Habitat Block protection that complies with the requirements of subsections a, b, and c above shall receive a density bonus as shown in Table 4.2.5.E (Density Bonuses Available).

(2)

Wildlife Corridors.

a.

New developments that avoid disturbance in the Wildlife Corridor and place structures so as to avoid blocking wildlife travel ways are eligible for the bonus shown in Table 4.2.5.E.

b.

Land for Wildlife Corridor mitigation required in accordance with Subsection a above shall be permanently protected through a conservation easement, deed restriction, or similar mechanism that limits future disturbance, in accordance with Subsection 4.2.5.C. Mitigation land must be located within the same corridor as the disturbed area.

c.

If the requirements in b above cannot be met, then the applicant can satisfy mitigation requirements by restoring or enhancing woody vegetation cover in portions of the Wildlife Corridor that have been previously disturbed by clearing or similar disturbance. Restoration and enhancement proposals must be reviewed and approved by the Director, and the restored and/or enhanced acreage must be placed under permanent protection through a conservation easement, deed restriction, or similar mechanism, in accordance with Subsection 4.2.5.C.

F.

Density Bonus for Permanent Habitat Protection. A density bonus shall be granted in accordance with the eligibility provisions in subsection E above only if undisturbed land in the WPO on the parcel is permanently protected in accordance with the criteria and procedures contained in Subsection 4.2.5.C.

2.3.6. Mobile Home Park Overlay (MHO) District.

A.

Purpose. The Mobile Home Park Overlay (MPO) District is intended to recognize and provide for the development of mobile home parks in a manner that allows the Town to address their potential impacts on adjacent neighborhoods through special review and the application of specific standards, and subject to site plan and/or subdivision approval.

B.

Mobile Home Park Standards.

(1)

Review Requirements. All new and expansions of mobile home parks are subject to subdivision approval.

(2)

Underlying Based Zoning District Standards. All use and development regulations applicable in the underlying base zoning district shall continue to apply in the MHO District unless expressly provided otherwise in this subsection.

(3)

Public Water and Public Sewer. Sufficiently sized public water and public sewer facilities are required for all mobile home parks, unless it can be demonstrated that adequate on-site water supply and septic disposal systems are available.

(4)

Minimum Lot Size and Density. The following minimum standards do not apply for land within the Shoreland Protection Overlay (SPO). Minimum lot standards for lands located within the SPO are provided in Subsection 4.2.5.F.

a.

With public sewer, the minimum individual lot size shall be 4,000 square feet.

b.

With on-site sewage disposal within a community septic system for the park approved by the Maine Department of Health and Human Services, the minimum individual lot size shall be 13,000 square feet, provided that the maximum residential density in the park does not exceed one (1) dwelling unit per 20,000 square feet of net site area.

c.

Where on-site sewage disposal is located on each lot, the minimum individual lot size shall be 20,000 square feet.

d.

Mobile home parks shall not be additionally subject to the underlying district dimensional and density requirements.

(5)

Lot Dimensions. Dimensions for individual mobile home sites are as follows:

a.

Minimum Site Width: 50 feet.

b.

Minimum Setback Distance of Each Mobile Home from its Individual Site Lines:

i.

Front: 10 feet.

ii.

Rear: 15 feet.

iii.

Side: 10 feet.

(6)

Open Space and Recreation. An area equal to at least ten (10) percent of the combined area of all individual lots shall be reserved for playgrounds and other recreational facilities and open space.

(7)

Park Setbacks.

a.

Structures within a mobile home park shall maintain a minimum setback of 25 feet from all exterior property lines, except where the mobile home park abuts a residential use or development, where the minimum setback shall be 50 feet.

b.

The minimum setback area may be included as part of the required open space.

c.

The minimum setback area shall be sufficiently landscaped or fenced to effectively screen the park from surrounding properties, in accordance with Subsection 4.6.2.

(8)

Landscape Plan. A mobile home park shall have a landscape plan that takes into consideration the relationship of individual sites to one another, the proposed use of open space, the relationship of the park to surrounding property, and a specific planting scheme, in accordance with Subsection 4.6.2. The plan shall include a permanent landscape maintenance program, in accordance with Subsection 4.15.2.

(9)

Placement on Pad. In a mobile home park, each individual unit shall be placed upon a dwelling unit pad and shall have skirting placed around its base to screen the base from view.

2.3.7. Airport Approach Overlay (AAO) District.

A.

Purpose. The purpose of the Airport Approach Overlay (AAO) District is to prevent development that is incompatible with safe flight operations at the Brunswick Executive Airport.

B.

Definition and Delineation.

(1)

The AAO District is comprised of two zones:

a.

The Runway Protection Zone (RPZ), which includes those areas beyond the ends of airport runways where certain structures and other development could potentially obstruct or interfere with safe aircraft operations and/or are particularly vulnerable to aircraft landing and take-off accidents. There are two (2) RPZ areas, one (1) to the north and one (1) to the south of the runway.

b.

The Airport Approach Zone (AAZ), which includes those areas adjacent to the airport where development is particularly vulnerable to the adverse impacts of aircraft noise.

(2)

AAO District boundaries and the boundaries of the Runway Protection Zone and Airport Approach Zone are delineated on the Brunswick Zoning Map and are based on the Airport Layout Plan, Brunswick Executive Airport, 2010, revised 2013 (available in the Brunswick Department of Planning and Development).

C.

Consideration of Safety and Noise. Issues of safety and noise will be carefully reviewed by the Planning Board as it considers any and all Special Permit or Conditional Use Permit applications within the AAO District.

D.

Modified Use Standards. In addition to the Permitted Use and Conditional Use provisions in Tables 3.2 and 3.3 (Permitted Use Tables), the table below lists uses that are permitted, expressly prohibited, or allowed only with a Conditional Use in the Runway Protection Zone and Airport Approach Zone. Where a use designation in this table conflicts with the use designation relating to any applicable base district or other applicable overlay district, the most restrictive designation shall apply.

E.

Additional Requirements for the AAO District.

(1)

Residential density shall not exceed one (1) unit per two (2) acres.

(2)

The maximum building height is 35 feet.

(3)

Additional sound insulation measures are recommended for habitable spaces.

2.3.8. Telecommunications Overlay (TCO) Districts.

A.

Purpose. The Telecommunications Overlay (TCO) District is intended to provide for the development of wireless telecommunication towers in a manner that allows the Town to address their potential impacts on adjacent neighborhoods through special review and the application of specific standards. Wireless communication equipment that is attached as accessory structures onto or within existing buildings (other than telecommunications towers) are not regulated by these provisions, except that the provisions of Subsection 2.3.8.D(2)a.i shall apply.

B.

Definition and Delineation.

(1)

The Telecommunications Overlay (TCO) Districts have been identified as suitable locations for telecommunication towers, which shall be permitted by right in the TCO Districts, subject to the standards below.

(2)

There are two (2) Telecommunications Overlay zones:

a.

The Telecommunications Overlay 1 (TCO1) District accommodates telecommunication towers from 200 to 400 feet tall.

b.

The Telecommunications Overlay 2 (TCO2) District accommodates telecommunication towers from 120 to 199 feet tall.

(3)

TCO District boundaries for existing facility locations are delineated on the Brunswick Zoning Map. Additional TCO Districts may be established for new telecommunication facility locations as an amendment to the Zoning Ordinance/Map, in accordance with Subsection 5.2.11 (Ordinance Text or Map Amendment).

C.

Permits.

(1)

To erect a telecommunication tower, the applicant must first obtain a permit from the Federal Aviation Administration (FAA). As part of the application for a Building Permit, the applicant shall file with the Code Enforcement Officer a copy of the application to, and the permit issued by, the FAA.

(2)

Upon compliance with all the requirements of this Subsection 2.3.8, the Code Enforcement Officer shall issue a Building Permit to the applicant without the necessity of site plan review.

D.

Standards for Telecommunication Towers in the TCO Districts.

(1)

Dimensional Standards. The standards in the table below shall apply to the TCO Zones.

NOTES:

1. For purposes of this subsection, leased land shall be treated as a lot.

(2)

Federal Aviation Administration and Federal Communications Commission Compliance.

a.

The installation and operation of all towers and equipment shall be in accordance with Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) regulations, including without limitation those provisions generally requiring that:

i.

Applications for new equipment attached to existing buildings or existing tower structures (collocation) be processed within 90 days of receipt of a complete application, unless exceptional circumstances apply or the applicant consents to an extension; and

ii.

Applications for collocation of "eligible facilities" as defined in the federal Telecommunications Act and Middle Class Tax Relief and Job Creation Act (2012) (as amended and interpreted by the federal courts) shall be processed in 60 days if the application meets the requirements of that Act, and within 90 days if it does not meet the requirements of that Act; and

iii.

Applications for new freestanding structures shall be processed within 150 days of receipt of a complete application, unless exceptional circumstances apply or the applicant consents to an extension.

b.

Upon request by the Town, the applicant shall certify compliance with all applicable FCC radio frequency exposure guidelines.

(3)

Evidence of Need.

a.

The applicant of a telecommunication tower shall submit evidence, satisfactory to the Code Enforcement Officer, that no existing tower can serve the purpose and accommodate the equipment proposed for deployment on the proposed tower. This evidence may include the contract stipulated in Subsection (13)b.i below, drive test data and other correspondence from prospective users of the tower.

b.

The Code Enforcement Officer may require an independent analysis of this evidence prior to issuance of a Building Permit. If an independent analysis is required, the applicant shall deposit funds in a dedicated Town account to cover the cost of the independent analysis.

(4)

Collocation. Existing Telecommunications Facilities.

a.

Requests for collocation, removal, or replacement, or "eligible facilities requests", as defined in Subsection 1.7.2 and under federal law, for a modification of an existing wireless telecommunications facility that does not substantially change the physical dimension of the facility shall be granted.

b.

An applicant shall file an eligible facilities request with the Code Enforcement Officer demonstrating that the proposed modification will not substantially change the physical dimensions of the facility, as the term "substantial change" is defined in federal laws and regulations.

c.

The Code Enforcement Officer shall determine whether the application constitutes an eligible facilities request, and grant the request within 60 days. Applications for collocations that do not qualify as eligible facilities requests shall be granted within 90 days. These review periods include the review for determining whether the application is complete. This timeframe may be extended by mutual agreement or if the Town informs the applicant in timely manner that the application is incomplete.

(5)

Tower Structure.

a.

In the TCO1 District, if guy wires and anchors are to be located on adjoining property, permanent easements shall be obtained by the applicant and presented to the Code Enforcement Officer as part of the application for a Building Permit.

b.

In the TCO2 District, only AM radio towers/antennae or similar installations may be installed with guy wire support and transmission wiring. All other new telecommunication tower must be a freestanding monopole structure with a round base and sectioned throughout its length.

c.

Guy wired towers/antennae shall include techniques to mitigate bird and bat injuries.

(6)

Fall Zone. Any telecommunication tower constructed in the TCO2 District shall be designed to collapse upon itself and no habitable structure shall be located within 100 feet of the tower. The tower owner shall own or otherwise have control of the land within this 100-foot-radius "fall zone" in order to assure compliance with this requirement.

(7)

Accessory Facilities. Accessory facilities may not include offices, long-term vehicle storage, other outdoor storage, or broadcasting studios, except for emergency purposes, or other uses that are not needed to send or receive transmission signals.

(8)

Screening, Materials and Color.

a.

A new telecommunication tower and related equipment shall be buffered from view by abutting properties to the greatest extent practicable, in accordance with Subsection 4.6.2.

b.

Provided there are no FAA color requirements to the contrary, a new telecommunication tower and related equipment must be constructed with material and colors that match or blend with the surrounding natural or built environment, to the maximum practical extent. Galvanized metal shall be considered to satisfy this provision.

(9)

Preservation of Vegetation and Landforms. Existing plants and natural landforms on the site shall be preserved to the greatest extent practicable. The cutting of trees or other vegetation within the "fall zone" described in Subsection (6) above shall be limited to the minimum necessary for:

a.

Construction of the tower, accessory structures, fencing, and vehicular access to the facility;

b.

Removal of trees that are dead or diseased, and/or create a hazard; and

c.

A footpath through the area not to exceed six (6) feet in width.

(10)

Parking. Parking shall be provided for each telecommunication tower, along with circulation and vehicle access, in accordance with Sections 4.9 and 4.8, respectively.

(11)

Lighting. In any case where a tower is determined by the FAA to need obstruction marking or lighting, the applicant must demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in FAA applications. Security lighting must comply with the lighting standards in Section 4.10 (Lighting).

(12)

Fencing. A new telecommunication tower and related equipment shall be fenced to discourage trespass on the facility and to discourage climbing on any structure by trespassers. Fencing shall be a minimum of six (6) feet in height and be topped with barbed wire.

(13)

Building Code Compliance.

a.

All towers must be constructed so as to meet or exceed the manufacturer's specifications and the current building code of the Town. The Code Enforcement Officer can impose additional conditions of approval. Reference to the conditions of approval shall be clearly noted on the Building Permit.

b.

Prior to issuance of a Building Permit for a new tower, the applicant shall provide to the Code Enforcement Officer:

i.

A copy of an executed contract between the applicant and an FCC licensed carrier to provide space on the tower for a minimum of five (5) years.

ii.

Copies of all necessary permits and approvals from the FCC, FAA and any other agency having jurisdiction over the tower and the carrier's telecommunications facilities.

iii.

A financial guarantee, satisfactory to the Code Enforcement Officer, that shall cover the cost of removal of the tower and related equipment in accordance with Subsection (14) below.

(14)

Abandonment of Tower.

a.

A telecommunications tower that is not operated for a continuous period of 12 months shall be considered abandoned.

b.

The Code Enforcement Officer shall notify the owner of an abandoned tower in writing and order the removal of the tower within 90 days of receipt of the written notice.

c.

The owner of the facility shall have 30 days from the receipt of the notice to demonstrate to the Code Enforcement Officer that the tower has not been abandoned.

d.

If the Owner fails to show that the tower is in active operation, the owner shall have 60 days to remove the tower.

e.

If the tower is not removed within this time period, the Town may remove the tower in accordance with the financial guarantee provided for this purpose at the time of issuance of the Building Permit in accordance with Subsection (13)b.iii above.

f.

The owner may apply to the Code Enforcement Officer for release of the financial guarantee when the tower is removed to the satisfaction of the Code Enforcement Officer.

2.3.9. Village Review Overlay (VRO) District.

A.

Purpose. The purpose of the Village Review Overlay (VRO) District is to protect and preserve the architectural context and historical integrity of downtown neighborhoods in the Town of Brunswick by:

(1)

Applying Ordinance standards and design guidelines in a reasonable and flexible manner to maintain Brunswick's traditional character and to ensure compatible construction and rehabilitation of existing structures in the Village Review Overlay District without stifling change or forcing modern recreations of historic styles.

(2)

Developing administrative processes and objective standards that identify and encourage the preservation and enhancement of neighborhood character, sites, and structures having historic or architectural significance.

(3)

Promoting economic development by enhancing the attractiveness of the Town to businesses and their patrons, residents, and visitors to Brunswick.

(4)

Fostering civic pride in the Town's history and development patterns as represented in distinctive sites, structures, and objects.

(5)

Promoting and protecting significant features of the historic patterns of development, including traditional landscaping, densities, structural mass and scale.

B.

Definition and Delineation. The Village Review Overlay (VRO) District applies to specific areas of Brunswick as delineated on the Brunswick Zoning Map.

C.

Classification of Architectural and Historic Resources. Architectural and historic resources subject to VRO District review procedures consist of:

(1)

Contributing resources, as defined, including but not limited to:

a.

Properties listed on the National Register of Historic Places.

b.

Properties eligible for listing on the National Register of Historic Places, as determined by the Maine Historic Preservation Commission.

c.

Properties located within a National Register Historic District, deemed to be contributing resources by the Maine Historic Preservation Commission.

d.

Properties considered to be contributing resources of local and regional significance by the Town of Brunswick.

(2)

Noncontributing resources, which are all remaining architectural and historic resources not considered to be contributing.

D.

Certificate of Appropriateness Required. A Certificate of Appropriateness is required for activities in the VRO District involving contributing resources or noncontributing resources visible from a public right-of-way, and in accordance with the review procedures in Subsection 5.2.8.

2.3.10. Rural Protection Stormwater Management Overlay (RPSMO) District.

A.

Purpose. The purpose of the Rural Protection Stormwater Management Overlay (RPSMO) District is to protect and preserve coastal watersheds within the Rural Protection (RP) districts from the potential negative impacts of storm water runoff associated with development activities.

B.

RPSMO Applicability. The RPSMO consists of:

(1)

The Inland Subdistrict inclusive of the following two (2) areas:

a.

Inland Area 1 includes land areas within 75 feet landward and measured horizontally from the bankfull edge of a stream within the Shoreland Protection Overlay Stream Protection Subdistrict (SPO-SP).

b.

Inland Area 2 includes land areas greater than 75 feet and within 200 feet as measured horizontally from the bankfull edge of a stream within the Shoreland Protection Overlay Stream Protection Subdistrict (SPO-SP).

(2)

The Coastal Subdistrict inclusive of the following two areas:

a.

Coastal Area 1 includes land areas within 125 feet landward and measured horizontally from coastal wetlands within the Shoreland Protection Overlay (SPO).

b.

Coastal Area 2 includes land areas greater than 125 feet and within 250 feet landward and measured horizontally from coastal wetlands within the Shoreland Protection Overlay (SPO).

RPSMO District boundaries are delineated on the Brunswick Zoning Map. Where a stream and its associated Inland Area are located within 250 feet, horizontal distance, of the above Coastal Areas, that Inland Area shall be regulated under the terms of the Coastal Area.

C.

Additional Requirements for the RPSMO District. The requirements in this subsection shall apply to all development within the RPSMO District:

(1)

All development activities within the RPSMO shall require a permit pursuant to subsection 5.2.12.

(2)

All site features constructed or installed as required by this subsection shall be maintained in good repair, and replaced if damaged or destroyed, or in the case of living materials, if they die or are effectively destroyed after installation.

a.

If plant material dies or becomes diseased, it shall be replaced by the property owner on or before October of the year the dead or diseased planting is discovered or such further time frame deemed reasonable by the Code Enforcement Officer (CEO).

2.3.11. Cook's Corner Overlay (CCO) District.

A.

Purpose. The purpose of the Cook's Corner Overlay (CCO) District is to implement community design and land use goals that reflect the unique character and needs of Cook's Corner. Through the CCO, the community aims to foster a vibrant and inclusive environment that balances economic development with the preservation of local identity and resources. This overlay district will provide a framework for sustainable growth, incorporating provisions for green space, affordable housing, and other community amenities that enhance the quality of life for residents and visitors alike. By integrating specific land use and design guidelines, the CCO seeks to create a cohesive and pedestrian-friendly environment that encourages active transportation and fosters a sense of place within Cook's Corner.

B.

Definition and Delineation. The Cook's Corner Overlay (CCO) District applies to specific areas of Brunswick as delineated on the Brunswick Zoning Map.

C.

Additional Requirements for the CCO District. The requirements in this subsection shall apply to all development within the CCO District:

(1)

All development activities within the CCO shall adhere to the most recently adopted Cooks Corner Design Standards.

(Ord. of 5-6-24; Ord. of 10-21-24; Ord. of 10-21-24)