Bucksport City Zoning Code
ARTICLE VII
General Land Use Standards
§ 100-32 Compliance required.
All land uses identified in § 100-14 are subject to compliance with the standards set forth in this article, as applicable.
Before any land use application may be approved, the reviewing authority must determine that the application submissions document compliance with applicable standards. In addition to the application submissions required in accordance with § 100-27 or 100-29, the reviewing authority may require secondary documentation in accordance with the provisions for each applicable standard.
§ 100-33 Environment standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Soils. Objective: To ensure that soils are suitable for development or use.
No structure may be constructed, installed, expanded or maintained nor may any use be established, maintained or expanded on or in soils that are unstable, subject to severe erosion or otherwise deemed unsuitable for the structure or use.
No land use may be conducted in any manner that causes severe soil erosion or mass soil movement either before or after construction.
The reviewing authority may require secondary documentation to verify the suitability of soils for a proposed land development if the scale of the development or its location warrants a closer examination to address concerns of the potential for severe erosion, mass soil movement or other limitations.
The reviewing authority shall require secondary documentation for any proposed subsurface wastewater disposal system or any commercial or noncommercial land use that is subject to Level 2 review and that is located in a shoreland district.
Secondary documentation required by the reviewing authority may include, but is not limited to, a soils report prepared by a qualified professional.
Stormwater. Objective: To ensure that stormwater runoff from the development or use of land is minimized to the greatest practical extent and adequately managed to reduce the risk of detrimental effects.
No land use may increase or alter stormwater flows without first implementing appropriate stormwater management controls to prevent environmental damage, flooding and property damage or the overburdening of existing stormwater management systems or features. No grading or other construction activity may alter existing natural drainage to the extent that drainage will adversely affect adjacent property or that drainageways flowing from adjacent parcels of land to the development site will be impeded.
Stormwater must be detained on the site using existing natural runoff control features of the site to the greatest extent possible. Natural runoff control features include, but are not limited to, earth berms, swales, terraces and wooded areas.
The design of stormwater storage facilities must address safety, appearance, recreational use and the cost and effectiveness of maintenance operations, in addition to the primary storage function.
All stormwater facilities must be properly maintained. Stormwater management plans must define maintenance requirements and identify parties responsible for the required maintenance.
Natural overland flows, open drainage channels and swales are the preferred components of a residential private stormwater drainage system. The use of enclosed components (such as underground piping) for these systems should be minimized where the existing natural systems are able to accommodate stormwater runoff. Energy dissipaters (to reduce high flow velocities) or other forms of outfall protection must be employed where enclosed drains discharge onto unstable soils.
Natural and man-made drainageways and drainage outlets must be stabilized with vegetation or riprap to prevent erosion from water flowing through them.
Easements must be provided to the municipality where appropriate to ensure proper maintenance of drainageways. Easement widths must be sufficient to allow access for maintenance and repairs to the drainageway or any structures therein, and in no case may the width be less than 30 feet wide.
Secondary documentation must be submitted to the reviewing authority for any land use subject to state permitting in accordance with 38 M.R.S.A. § 420-D (the Stormwater Management Law), 38 M.R.S.A. § 481 (the Site Location of Development Law) or any commercial or noncommercial land use subject to Level 2 review that is within the watershed of a great pond at risk from development, as identified by the Maine Department of Environmental Protection.
The reviewing authority may require secondary documentation for any land use proposing to utilize public stormwater control facilities in the event there is concern about the adequacy of those facilities to handle additional stormwater flows.
Secondary documentation required by the reviewing authority may include, but is not limited to, a stormwater management plan prepared by a qualified professional in accordance with the applicable requirements of the Maine Stormwater Management Design Manual, most recent edition, adopted by the Maine Department of Environmental Protection.
Soil erosion and sedimentation. Objective: To ensure that exposed soils are adequately protected from unreasonable erosion and sedimentation.
All activities involving filling, grading, excavation, or other similar soil disturbance activities must be conducted so as to prevent soil erosion and to prevent soil sediments from entering water bodies, tributary streams, wetlands or adjacent properties.
All erosion and sedimentation control measures must be in conformance with or equivalent to the best management practices identified in the Maine Erosion and Sedimentation Control Best Management Practices, Maine DEP, March 2003, or as amended (BMP Manual). Any excavation contractor that disturbs or displaces more than one cubic yard of soil within any shoreland district is subject to compliance with 38 M.R.S.A. § 439-B.
Vegetation may be removed in excess of the clearing standards in § 100-33G of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the reviewing authority. Construction equipment must access the shoreline by barge when feasible as determined by the reviewing authority.
When the removal of trees and other vegetation is necessary to allow for construction equipment access to a stabilization site via land, the accessway must be limited to no more than 12 feet in width. When the stabilization project is complete, the construction equipment access way must be restored. Revegetation must comply with the applicable requirements in Addendum 3, Section 3, of this chapter.[1]
[1]
Editor's Note: Addendum 3 is included as an attachment to this chapter.
In order to create the least potential for erosion, land uses must be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required must be avoided wherever possible and natural contours must be followed as closely as possible.
Erosion and sedimentation control measures must be in operation during all stages of any soil disturbance activity. The amount of exposed soil at every phase of the activity must be minimized to reduce the potential for erosion.
Any exposed ground area must be temporarily or permanently stabilized within one week of the time it was last actively worked by use of riprap, sod, seed and mulch or other effective measures in accordance with the BMP Manual. Permanent stabilization must occur within nine months of the initial date of exposure.
The reviewing authority may require secondary documentation for any land use that involves soil disturbance in a shoreland district or any land use subject to Level 2 review that involves soil disturbance in any district, if it is determined in either case that the risks of environmental harm warrant detailed professionally prepared erosion and sedimentation control measures.
Soil disturbance of less than 10 cubic yards in the RPO, SPO or TBO District, when such activity is not part of a permitted project, may not be conducted until required erosion and sedimentation control documentation outlined in the BMP Manual has been submitted to and approved by the Code Enforcement Officer.
Soil disturbance involving 10 cubic yards or more in any shoreland district, when such activity is not part of a permitted project, may not be conducted until required erosion and sedimentation control documentation outlined in the BMP Manual has been submitted to and approved by the Code Enforcement Officer.
Secondary documentation required by the reviewing authority may include, but is not limited to, a detailed erosion and sedimentation control plan prepared by a qualified professional.
Surface and subsurface waters. Objective: To ensure that surface and subsurface waters are adequately protected from pollution.
No person may discharge or allow the discharge of into surface or subsurface waters any liquid, gaseous or solid materials of such nature, quantity, toxicity or temperature that may contaminate, pollute or harm such waters or cause nuisances, such as floating or submerged debris, oil or scum, discoloring, objectionable odor or taste, or that may be harmful to human, animal, plant or aquatic life.
No land use may cause the deposit on or into the ground or discharge into 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 any water body, tributary stream or wetland.
Chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with residential uses or homestead agriculture uses, may not be stored within any shoreland district adjacent to a great pond or adjacent to a river or stream that flows to a great pond.
No commercial or noncommercial land use that stores or uses toxic chemicals or materials, or that produces a by-product or waste product that is hazardous to the waters of the state, may be located in any shoreland district adjacent to a great pond or a river or stream that flows to a great pond.
Salt/sand piles, road salt storage and loading areas, snow dumps containing deicing chemicals, subsurface storage of petroleum and petroleum products or any other land uses that involve the manufacture, storage, use, transportation or disposal of toxic or hazardous materials are prohibited directly over or within 250 feet of the boundaries of any significant sand and gravel aquifer that is identified in the Bucksport Comprehensive Plan, as adopted. Household heating oil tank installations in full compliance with state regulations are exempt from this prohibition.
All storage facilities for fuel, chemicals, chemical or industrial wastes or biodegradable raw materials must comply with the applicable rules and regulations of the Maine Department of Environmental Protection and the State Fire Marshal's Office.
All new and replacement heating oil tanks within the wellhead protection zone of community drinking water wells must be double-walled or have secondary containment.
Secondary documentation may be required for any development or land use involving excavation within five feet of the water table, or if the reviewing authority determines that a closer examination of identified risks of pollution to surface or subsurface waters is warranted.
Secondary documentation required by the reviewing authority may include, but is not limited to:
A hydrogeology study or assessment prepared by a qualified professional.
A design for the handling and storage of materials at risk of polluting surface or subsurface waters, prepared by a qualified professional.
A professional review of any private or public water supply system.
A water quality test.
Air environment. Objective: To ensure that the ambient air environment is adequately protected from the detrimental effects of pollutant air emissions from any land use.
No land use may introduce pollutant emissions into the air except in compliance with state ambient air quality standards and state emissions standards.
The reviewing authority may require secondary documentation for any land use subject to 38 M.R.S.A. § 481 et seq. (the Site Location of Development Law) or any commercial or noncommercial land use that emits pollutants into the ambient air environment other than heating fuel combustion by-products.
Wildlife habitat. Objective: To ensure that significant wildlife habitat is adequately protected from any detrimental effect of land development or use.
No land use may cause any detrimental effect to significant wildlife habitat.
If any portion of a proposed development lies within any of the significant wildlife habitat areas identified below, secondary documentation must be submitted to the reviewing authority. The documentation must assess the potential effect of the development on the habitat and adjacent areas that are important to the maintenance of the affected species, and it must describe appropriate mitigation measures to ensure that the proposed development will have no detrimental effect. Significant wildlife habitat areas include:
Habitat for species appearing on the official state or federal lists of endangered or threatened species;
High- and moderate-value waterfowl and wading bird habitats, including nesting and feeding areas;
Shorebird nesting, feeding and staging areas and seabird nesting islands;
Critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Salmon Authority;
High- or moderate-value fish spawning and nursery areas that have been identified by the Maine Department of Inland Fisheries and Wildlife;
High- or moderate-value deer wintering areas or travel corridors; and
Any other important habitat areas identified in the Bucksport Comprehensive Plan, as adopted.
The following restrictions apply to any proposed land use that includes significant resources as identified in § 100-33F(2):
Habitat for species appearing on the official state or federal lists of endangered or threatened species may not be developed.
There may be no removal of vegetation within 250 feet of the habitat for species appearing on the list of endangered or threatened species, unless the Department of Inland Fisheries and Wildlife has approved cutting of vegetation, in writing.
There may be no cutting of vegetation within the strip of land extending 75 feet inland from the shoreline of the following habitat areas:
High- and moderate-value waterfowl and wading bird habitats, including nesting and feeding areas;
Shorebird nesting, feeding and staging areas and seabird nesting islands;
Critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Salmon Authority;
High- or moderate-value fish spawning and nursery areas that have been identified by the Maine Department of Inland Fisheries and Wildlife; or
Any other important habitat areas identified in the Bucksport Comprehensive Plan, as adopted.
Clearing or removal of vegetation, excluding timber harvesting. Objective: To ensure that vegetation within any shoreland district is protected from excessive cutting or removal.
Resource Protection Shoreland Overlay Districts.
In the RPO District abutting Silver Lake or Mud Pond, there may be no cutting of vegetation within the buffer strip of land extending 100 feet inland from shoreline, except for the following purposes:
To remove trees identified by the Code Enforcement Officer as safety hazards. Openings created by the removal of trees identified as safety hazards must be replanted with native tree species, unless existing new tree growth is present.
To establish and maintain public-use, recreational footpaths on Town-owned property. Footpaths following the shoreline may be no closer than 50 feet to the shoreline and may be no wider than six feet as measured between tree trunks or shrub stems, as applicable. Pruning of trees and other vegetation may also be conducted to establish and maintain occasional side-trail footpaths leading to scenic views from the shoreline or other locations. Footpaths leading to the shore may not provide a cleared line of sight to the water through the buffer strip and may not be more than six feet in width.
In any other RPO District, within the buffer strip of land extending 100 feet inland from the shoreline of any water body, or within the buffer strip of land extending 75 feet inland from the shoreline of a tributary stream or wetland, the cutting or removal of vegetation must be limited to that which is necessary for uses expressly authorized in that district. Openings created by the removal of trees identified as safety hazards must be replanted with native tree species, unless existing new tree growth is present.
In the LRPO District, there may be no cutting of vegetation within the buffer strip of land extending 100 feet inland from the shoreline, except to remove trees that have been identified as safety hazards by the Code Enforcement Officer or to allow for the expansion of nonconforming structures. Openings created by the removal of safety hazards must be replanted with native tree species, unless existing new tree growth is present.
Except in the buffer strips identified in § 100-33G(1) and (2), trees and other vegetation may be cut or removed in any shoreland district within the buffer strip of land extending 100 feet inland from the shoreline of a great pond or a river flowing to a great pond, or within the buffer strip of land extending 75 feet inland from the shoreline of any other water body, tributary stream or wetland, subject to the following limitations:
Cleared openings in the forest canopy, or cleared openings in other existing woody vegetation if a forested canopy is not present, may be created, but no opening may exceed 250 square feet, as measured from the outer limits of the tree or shrub crown. Cleared openings for the development of permitted uses are not subject to this limitation.
If the removal of any storm-damaged, diseased, unsafe, or dead tree creates an opening larger than 250 square feet, the removed tree must be replanted with native tree species, unless existing new tree growth is present. Tree removal for the development of permitted uses is not subject to this limitation.
One footpath per lot is allowed, provided that a cleared line of sight to the water through the buffer strip is not established. The footpath may be no more than six feet in width, as measured between tree trunks or shrub stems, as applicable.
Existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, may not be cut, covered or removed. Vegetation removal to provide for a footpath or for the development of permitted uses is not subject to this limitation.
Tree branches on the bottom 1/3 of any tree may be pruned.
A well-distributed stand of trees and other vegetation must be maintained in accordance with § 100-33G(4) and (5), as applicable.
No more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period. Tree removal in conjunction with the development of permitted uses is included in the 40% calculation.
Buffer strips; point system.
A well-distributed stand of trees and other vegetation must be maintained in the buffer strips that are subject to the clearing restrictions identified in § 100-33G(3). Compliance with this requirement is determined by calculating a score for existing tree growth in accordance with the method described in this section and identifying that the preservation of other vegetation meets the requirements of § 100-33G(5). A well-distributed stand of trees in the buffer strip adjacent to a great pond or a river or stream flowing to a great pond requires a minimum rating score of 24 for each measured area. In the buffer strip adjacent to other water bodies, tributary streams and wetlands, a minimum rating score of 16 is required for each measured area. Scores are determined by assigning point values to trees within a measured area 25 feet by 50 feet. Point values are determined by the diameter of each tree as measured at 4 1/2 feet above ground level. Points are assigned as follows:
Tree diameters at least two inches but less than four inches are assigned one point.
Tree diameters at least four inches but less than eight inches are assigned two points.
Tree diameters at least eight inches but less than 12 inches are assigned four points.
Tree diameters of 12 inches or larger are assigned eight points.
Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot area may be assigned to trees greater than 12 inches in diameter.
When more than one measured area of tree growth is scored, the measured areas must be abutting and may not overlap. Measured areas must include those areas where clearing is proposed.
No vegetation may be removed from any measured area unless the assigned points for the measured area equal more than those required and the removal of vegetation will not reduce the points to below those required for the measured area, except when otherwise allowed by this chapter.
Existing vegetation under three feet in height and other ground cover must be retained in the buffer strips in accordance with § 100-33G(3)(d). At least five saplings less than two inches in diameter at 4 1/2 feet above ground level must be retained in each area that is scored in accordance with § 100-33G(3)(d). If five saplings do not exist, no woody stems less than two inches in diameter may be removed until five saplings have been recruited into the measured area.
Outside the buffer strips identified in § 100-33G(1), (2) and (3), in any shoreland district, the cutting or removal of vegetation must be limited to that which is necessary for uses expressly authorized in that district. Selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level, is allowed on any lot in any ten-year period. Tree removal in conjunction with clearing for the development of permitted uses is included in the 40% calculation. For the purposes of these standards, volume may be considered equivalent to basal area.
Cleared openings in any shoreland district may not exceed, in the aggregate, 25% of the lot area in a shoreland district or 10,000 square feet, whichever is greater, including land previously cleared. This provision does not apply to cleared openings in the DTS District, CFMA District or the IDO District. Cleared openings include, but are not limited to:
Legally existing, nonconforming cleared openings may be maintained but may not be enlarged, except as allowed by this chapter.
Fields and other cleared openings that have reverted primarily to shrubs, trees, or other woody vegetation are regulated under the provisions of § 100-33G.
Clearing or removal of vegetation subject to compliance with the requirements of § 100-33G and which is not subject to permitting, may not be conducted until required documentation has been submitted to and approved by the Code Enforcement Officer.
Exemptions to the clearing and vegetation removal requirements contained in § 100-33G are located in Chapter 100, Addendum 3, Section 1.[2]
[2]
Editor's Note: Addendum 3 is included as an attachment to this chapter.
Regulations for hazard trees, storm-damaged trees, and dead tree removal are located in Chapter 100, Addendum 3, Section 2.
Revegetation requirements to address clearing violations are located in Chapter 100, Addendum 3, Section 3.
In the LRO District adjacent to Hancock Pond, all land uses that involve soil disturbance or use of undeveloped land must take appropriate measures to protect threatened plant species, as identified in the Town's Comprehensive Plan. The reviewing authority for a proposed land use may require a botanical survey of the area to identify the presence of such plant species.
The reviewing authority may require secondary documentation in the event of a proposal requiring the cutting or removal of vegetation throughout an area of 40,000 square feet or more in any shoreland district.
§ 100-34 Special area standards.
Areas of prehistorical and historical importance. Objective: To ensure that areas of prehistorical and historical importance are adequately protected from any detrimental effect of land development or use.
Any application for a land use involving structural development or soil disturbance on any site listed or eligible to be listed on the National Register of Historic Places must be submitted by the applicant to the Maine Historic Preservation Commission (MHPC) for review and comments at least 20 days prior to action being taken by the reviewing authority. The reviewing authority must consider comments received from the MHPC prior to rendering a decision on the application.
If any portion of a development is designated as a site of prehistorical or historical importance by the MHPC or the Bucksport Comprehensive Plan, as adopted, appropriate protective measures must be included in the development plan.
The reviewing authority may require secondary documentation for any required protective measures involving designed structures or other engineered methods of protection.
Secondary documentation required by the reviewing authority may include, but is not limited to, a mitigation plan prepared by a qualified professional.
Areas of scenic value. Objective: To ensure that vistas of scenic value are adequately protected from any detrimental effect of land development or use.
No land use may adversely diminish visual access to any scenic view at locations identified in the Bucksport Comprehensive Plan, as adopted.
Any development of land within the viewshed of a scenic view, as seen from any public road, must provide for the preservation of trees and other vegetation in landscaping designs. A buffer or screen in accordance with the requirements of § 100-35B may be required to minimize the visual impact of the development on the scenic view.
The reviewing authority may require secondary documentation for any required protective measures involving designed structures or other engineered methods of protection.
Secondary documentation required by the reviewing authority may include, but is not limited to, a plan of protection prepared by a qualified professional.
Areas of shoreline access. Objective: To ensure that areas for public access to water bodies and wetlands, and areas developed with commercial fisheries and maritime activities are adequately protected from any detrimental effect of land development or use.
No land use may adversely affect any public access to a water body, wetland or any commercial fishing or maritime activity. A buffer or screen in accordance with the requirements of § 100-35B may be required to minimize the impact of development to the public access or commercial fishing or maritime activity.
The reviewing authority may require secondary documentation for any required protective measures involving designed structures or other engineered methods of protection.
Secondary documentation required by the reviewing authority may include, but is not limited to, a plan of protection prepared by a qualified professional.
Areas of flood hazard. Objective: To ensure that areas of flood hazard are adequately protected from any detrimental effect of land development or use.
All development activities in areas of flood hazard must comply with the requirements of the Bucksport Town Code, Chapter 64, Floodplain Management.
The reviewing authority may require secondary documentation for any required protective measures involving designed structures or other engineered methods of protection.
Secondary documentation required by the reviewing authority may include, but is not limited to, a plan of flood protection methods prepared by a qualified professional.
Areas of unique natural character. Objective: To ensure that areas with unique natural character, as identified in the Bucksport Comprehensive Plan, are adequately protected from any detrimental effect of land development or use.
If any portion of a proposed development is located within or adjacent to an area designated as a unique natural area by the Bucksport Comprehensive Plan, as adopted, appropriate measures must be taken to protect the features that qualify the site for such designation from any detrimental effect of land development or use.
The setback for any proposed principal structures to be located adjacent to any unstable or highly unstable coastal bluff, as identified by the Maine Geological Survey on its most recent coastal bluff maps, must be determined in accordance with the requirements of § 100-58.
The reviewing authority may require secondary documentation for any required protective measures involving designed structures or other engineered methods of protection.
Secondary documentation required by the reviewing authority may include, but is not limited to, a plan of protection prepared by a qualified professional.
§ 100-35 Local area standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Development patterns. Objective: To ensure that the scale and site features of land development in any local area or neighborhood are consistent with existing or planned development patterns.
New structural development and site improvements within any residential neighborhood must be designed and landscaped to be consistent with the development features of the locale.
Any commercial or noncommercial principal structure located on land with frontage on Main Street or Route 1 and which is visible from either public way must be designed to include the following architectural features:
The reviewing authority may require secondary documentation if concerns or questions are raised about proposed architectural or landscaping features and they cannot be adequately addressed with the basic application submissions.
Secondary documentation required by the reviewing authority may include, but is not limited to, architectural or landscaping plans prepared by a qualified professional.
Buffers and screening. Objective: To ensure that any use of land is appropriately separated and shielded from abutting land uses and public ways to minimize any detrimental effects.
A physical barrier, in the form of a vegetated buffer or screening or a combination of both, must be provided to minimize any detrimental effect of a proposed land use beyond its property lines, to the greatest practical extent. The barrier must be long enough, wide enough, high enough and sufficiently dense or otherwise appropriately designed to serve its intended purpose. A physical barrier is not required when the reviewing authority determines that a proposed land use will not cause any detrimental effect beyond its property lines or that identified detrimental effects will be more effectively mitigated by other means.
Buffer strips must be comprised of vegetation species that the reviewing authority finds suitable and sufficient to accomplish the required mitigation. The buffer strip is intended to be effective year-round. Plant material should be comprised of a variety of native deciduous and evergreen species. All buffer strips must be maintained by the owner.
Except for buffers subject to the requirements of § 100-35B(2) and (3), buffer strips may be replaced by screening if the screening provides at least an equivalent level of mitigation as a buffer strip for the relevant detrimental effects. Screening must comply with the following requirements:
Screening may be comprised of man-made objects such as buildings, structures or fences. Any such object must be in good repair and maintained as required. Mobile homes, vehicles, box trailers and similar structures may not be used for screening purposes.
Screening may be comprised of natural features in the topography of a site such as hills, gullies, or rock outcrops.
Fencing must be constructed with materials designed for such use. The installation must be designed to resist the effects of frost.
Fences must be properly maintained by the owner. Structures and fences used for screening should be located at a sufficient distance from property lines to allow access for maintenance on all sides without intruding upon abutting properties.
A combination of buffer strips and screening may be allowed if the reviewing authority determines that it will accomplish the required mitigation objectives.
Required buffers and screening must be in place before commencement of the permitted use. The reviewing authority may allow a permitted use to commence prior to the installation of a required vegetative buffer if it has been determined that there is insufficient time in the growing season to ensure a successful establishment of the vegetation. In this event, the reviewing authority shall set a deadline for installation of the vegetation. Vegetation made part of a required buffer or screening must be fully effective within four years of the date of approval of the related land use.
The reviewing authority may require secondary documentation to provide for a detailed review or if there are concerns about buffers or landscaping details.
Secondary documentation required by the reviewing authority may include, but is not limited to, architectural or landscaping plans prepared by a qualified professional.
Electromagnetic fields. Objective: To ensure that any detrimental effects from electromagnetic fields are adequately mitigated.
No land use may generate electromagnetic fields that cause unreasonable interference with the transmission or reception of any electrical impulses located beyond the property boundary. In all cases, federal and state requirements must be met.
The reviewing authority may require secondary documentation for any proposed land use if the use includes the generation of strong electromagnetic fields and there are concerns about detrimental effects caused by the fields.
Secondary documentation required by the reviewing authority may include, but is not limited to, a plan of protection prepared by a qualified professional.
Lighting. Objective: To ensure that any detrimental effects from artificial lighting are adequately mitigated.
Exterior luminaires providing lighting for security, safety, advertising or operational needs may not transmit lighting beyond the property line in any manner that causes invasive illumination of abutting properties or in any manner that is a hazardous distraction or nuisance to motorists on adjacent roadways.
Exterior post-mounted luminaires must have shielding to provide a beam cutoff at no more than 75° above nadir.
Exterior luminaires must be turned down or off when not in use. All exterior luminaires must be kept in good repair by the property owner.
No exterior luminaires may emit rotating or flashing lights, except safety-signaling devices as required by law.
The reviewing authority may require secondary documentation to provide for a detailed review or if there are concerns about the detrimental effects of artificial lighting.
Secondary documentation required by the reviewing authority may include, but is not limited to, a lighting design prepared by a qualified professional.
Noise. Objective: To ensure that any detrimental effects from noise are adequately mitigated.
With the exception of noise from natural phenomena, emergency vehicles, warning devices, time signals, construction or demolition activities, and agricultural or timber harvesting operations, the maximum permissible sound pressure level of any continuous, regular, frequent, intermittent or periodic source of noise produced by any activity regulated by this chapter must comply with the Maine Department of Environmental Protection Regulations 06-096 CMR Ch. 375, § 10, as amended.
The reviewing authority may require secondary documentation for any land use subject to 38 M.R.S.A. § 481 et seq. (the Site Location of Development Law) or any land use that is expected to generate noise at a decibel level and duration that may cause a detrimental effect on abutting properties.
The reviewing authority may limit the hours of operation of any use subject to Level 2 review in addition to other actions required to mitigate any detrimental effects of noise to abutting properties.
All noise-mitigation measures must be installed and functioning upon occupancy of the site or operation under the approved permit.
Odors. Objective: To ensure that any detrimental effects of nuisance odors are adequately mitigated.
No land use may emit putrid, fetid or noxious odors beyond the property boundaries in such concentration and duration that causes a detrimental effect to the use and enjoyment of property or to the public health and safety.
The reviewing authority may consider the direction of prevailing winds, and existing vegetation and topography in determining the risk of detrimental effect of odors on abutting properties and the public.
Any agricultural land use that is storing or spreading manure in accordance with best management practices is considered to be in compliance with § 100-35F(1).
Any wastewater treatment facility operating in accordance with all local, state and federal rules, laws and regulations is considered to be in compliance with § 100-35F(1).
The reviewing authority may require secondary documentation for any land use subject to 38 M.R.S.A. § 481 et seq. (the Site Location of Development Law) or any land use that may be a source of putrid, fetid or noxious odors.
Solar gain. Objective: To ensure that the solar gain utilized by active or passive solar energy collection systems is adequately protected.
No structure may be built or expanded in any manner that will impair the use of existing active or passive solar energy collection systems.
The reviewing authority may require secondary documentation to provide for a detailed review or if there are concerns about the potential for blockage of solar gain for existing active or passive solar energy collection systems.
Secondary documentation required by the reviewing authority may include, but is not limited to, building designs and solar orientation prepared by a qualified professional.
Smoke and dust. Objective: To ensure that any detrimental effects of smoke and dust are adequately mitigated.
No land use may emit smoke or dust beyond the property boundaries in such concentration and duration that causes any detrimental effects, including, but not limited to:
The reviewing authority may require secondary documentation if there are concerns about the potential for detrimental effects from smoke or dust.
Secondary documentation required by the reviewing authority may include, but is not limited to, a mitigation plan prepared by a qualified professional.
Vibration. Objective: To ensure that any detrimental effects of subterranean vibration from land use activities are adequately mitigated.
No subterranean vibration from a land use may be generated at such an intensity or duration that causes damage to any structure located beyond the property boundaries.
Secondary documentation required by the reviewing authority may include, but is not limited to, a mitigation plan prepared by a qualified professional.
§ 100-36 Public safety standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Drinking water. Objective: To ensure that the quantity and quality of public and private drinking water supplies are adequately protected.
No land use may reduce the quality of water sources for private or public drinking water to below minimum requirements for raw and untreated drinking water as specified in the Maine State Drinking Water Regulations, pursuant to 22 M.R.S.A. Ch. 601. If existing water quality is found to be nonconforming to those regulations, no proposed development or use of land may increase the nonconformity.
No land use may substantially lower the found water table or otherwise detrimentally affect the quantity of subsurface water available to water supply wells not under the control of the property owner.
Connection to the public water supply system is required for any land use located within the existing service area of the municipal water service provider if the land use requires a pressurized water supply. The reviewing authority for a commercial or noncommercial land use located outside the service area may require connection to the public water supply if it has been determined that the water supply needs for the land use cannot be met with a private water supply.
Costs for any required improvements to the public water supply system, including treatment and distribution facilities that are necessary to meet the expected demand for water in a proposed development, are the responsibility of the developer.
A private water supply must be provided for any land use that requires a water supply and that is exempt from meeting the requirements of § 100-36A(3). If a central water supply system is proposed, the location and protection of the source and the design, construction and operation of the distribution system, appurtenances and treatment facilities must all conform to the standards of the State of Maine Rules Relating to Drinking Water, 10-144 CMR 231.
Secondary documentation may be required by the reviewing authority for any proposed water supply if there is any concern about the quantity or quality of the water supply or the design of the water supply system or if the water supply will be located in an area where salt water intrusion, the lowering of the ground water level, or land subsidence has been or is reasonably expected to be a problem.
Secondary documentation required by the reviewing authority may include, but is not limited to:
A hydrogeology assessment prepared by a qualified professional.
A design for the handling and storage of materials at risk of polluting surface or subsurface waters, prepared by a qualified professional.
A professional review of any private or public water supply system.
A water quality test.
Estimates of the quantity of water to be used by a proposed development.
Energy supply service. Objective: To ensure the safety and sufficiency of energy supply services.
All fuel and electrical supply lines and facilities for a proposed land use must be installed and maintained in accordance with applicable state codes and regulations.
The reviewing authority may require secondary documentation for any proposed land use requiring Level 2 review and which requires new energy utility infrastructure or which requires large fuel storage installations to meet energy consumption needs.
Secondary documentation required by the reviewing authority may include, but is not limited to, detailed utility designs and plans prepared by a qualified professional.
Public safety services. Objective: To ensure that any detrimental effects to public safety services are adequately mitigated.
All new construction must comply with applicable life safety and fire protection requirements.
All structures given a street address in accordance with Town addressing requirements must be reasonably accessible to emergency response vehicles.
The reviewing authority may require a supplemental water supply for firefighting purposes or an automatic fire suppression system for any commercial structure meeting the following description:
The structure is located more than five miles from the Public Safety Department or is otherwise identified as requiring an emergency response time for firefighting equipment of more than 10 minutes; or
The Fire Department has expressed concerns about the fire risks associated with the use or storage of highly flammable substances.
Secondary documentation required by the reviewing authority may include, but is not limited to, as required by the reviewing authority.
Public wastewater. Objective: To ensure that any detrimental effects to public wastewater facilities are adequately mitigated.
No land use may discharge into the public sewer disposal system any type of liquid, gaseous or solid substance at risk of causing a detrimental effect to any portion of the sewer infrastructure or treatment system.
No land use may discharge such quantities of wastewater into the public sewage system that will overburden existing infrastructure or treatment capacities or otherwise cause a detrimental effect on the operation of the facilities.
Any land use within the service area of the public wastewater disposal facility, or a proposed or required expansion of the service area, must dispose of all sanitary wastewater through an approved connection to that facility. Such a connection must be approved, in writing, by the wastewater plant manager.
The reviewing authority may require secondary documentation to address any concerns raised by the wastewater plant manager, or when there are significant proposed improvements to the existing wastewater infrastructure or treatment facilities.
Secondary documentation required by the reviewing authority may include, but is not limited to, a detailed chemical analysis, a description of pretreatment methods or design details for proposed infrastructure improvements, prepared by a qualified professional.
Solid wastes. Objective: To ensure that any detrimental effects to the proper management of solid wastes are adequately mitigated.
All solid waste generated by any land use must be disposed of at a licensed disposal facility having adequate capacity to accept the wastes. The reviewing authority may not approve any land use proposing to dispose of solid waste at the Town's solid waste facility when it has been determined that the use will generate solid waste at a rate that will exceed the capacity of the facility or otherwise cause unreasonable burdens.
Solid waste may be disposed of at any out-of-town, licensed disposal facility. The reviewing authority shall require evidence of a contractual agreement for disposal services for any land use proposing to use such a facility before the use may be approved.
The reviewing authority may require secondary documentation if there are any concerns about methods to be employed in the handling and disposal of any solid wastes, or the use of Town roads by transport vehicles.
Secondary documentation required by the reviewing authority may include, but is not limited to:
Traffic, streets and sidewalks. Objective: To ensure that any detrimental effects to the safety and sufficiency of streets and sidewalks are adequately mitigated.
Proposed improvements to existing public streets must be approved, in writing, by the Bucksport Town Council, the municipal Director of Public Works or the Maine Department of Transportation, as applicable.
Approval of any development plan on which a proposed street or public easement is shown may not constitute or be evidence of acceptance by the municipality of such street or easement.
All streets must be constructed according to specifications overseen by the municipal Public Works Director or Town Engineer.
The arrangement, character, extent, width, grade, and location of all streets must be considered in relation to existing or planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of land to be served by such streets.
The Planning Board may require a development plan to show reserved areas for widening or realigning any existing street that does not meet minimum dimensional requirements. The area must be identified on the plan as "Reserved for Road Realignment or Widening Purposes." Land reserved for such purposes may not be included in computing lot area or setback requirements.
The reviewing authority shall require secondary documentation for proposed new street construction or substantial improvements or alterations to existing streets.
Any street within or providing direct access to a development must have the capacity to accommodate expected traffic flow increases from the development so as to avoid unreasonable congestion or safety hazards.
Where necessary to safeguard against hazards to traffic and pedestrians and to avoid traffic congestion, provision must be made for turning lanes, traffic directional islands, reverse-frontage streets, sidewalks, bicycle ways and traffic controls.
A traffic study must be required by the reviewing authority for any proposed land use subject to Level 2 review when:
The land use will generate more than 35 vehicle trips in any one-hour period; or
When there are documented concerns from MDOT, the municipal Director of Public Works, the municipal Police Department or a qualified traffic engineering professional about traffic safety or capacity deficiencies in the vicinity of the proposed land use.
A full traffic study area must include the first major intersection to either side of the project driveways. The study area must be expanded beyond the first major intersection(s) to either side of the project driveway to include those links and intersections for which, during any one-hour peak period, traffic attributable to the development equals or exceeds the following at any intersection in the vicinity of the development:
Capacity analyses of signalized intersections located outside the study area may be required if these signals are or should be interconnected with an intersection located within the study area. The study area may need to be extended if the signal progression on a signal interconnect system is changed.
A full traffic study must include the following information:
A description of the site, including the locations of streets and driveways located on any property immediately adjacent to the site and across the street in the immediate vicinity of the project driveways.
A description of the existing and proposed uses of the site.
A regional map showing the site and roads in the vicinity of the development, and other proposed projects in the vicinity of the development.
A description of any traffic increases that are likely to occur in the vicinity of the development during the study period. The developer must include, as applicable, projects that are under construction and not fully occupied, projects for which state or local approval is pending, or projects that have state or local approval but are not constructed or fully occupied.
A calculation of the trip generation for the development and other likely traffic increases, including a summary table listing each type of land use, the size involved, the average trip generation used, and the resultant total trips generated.
A description and diagram of the anticipated distribution of traffic entering and exiting the site.
A description and diagram of the anticipated utilization of roads and intersections in the vicinity of the development.
A diagram and appropriate documentation of the traffic volume on roads and intersections in the vicinity of the development for both the estimated annual average daily traffic and the a.m./p.m. peak-hour traffic, including turns during the peak hour. The study must show the following on the traffic diagrams:
Existing traffic volume based on actual counts.
Traffic attributable to other projects that are proposed or approved.
Traffic attributable to the development, assuming full build-out and full occupancy.
Projected traffic volume for the design hour at the time the development will begin operation, assuming full build-out and full occupancy.
Left-turn lane/right-turn lane warrant analysis.
A capacity analysis for the determination of the level of service for each road and intersection in the vicinity of the development. Capacity analyses must be performed for all intersections that are currently operated or will be operated as part of a signal interconnect system. The analysis must report whether or not the length of storage for through or turning lanes is adequate.
An analysis of the need for new traffic signals in the vicinity of the development. The Manual of Uniform Traffic Control Devices must be used as the basis to analyze the need for construction or elimination of traffic signals, as appropriate.
A determination of the available sight distance in all directions at each intersection in the vicinity of the development.
An inventory of traffic accidents in the vicinity of the development during the most recent three-year period. A collision diagram must be provided for all links and intersections found to meet Maine Department of Transportation criteria for "High Accident Locations."
A description of recommendations for improvements to deficient roads or intersections, and the results of implementation of the recommendations.
Accessibility. Objective: To ensure the accessibility of public facilities.
New site improvements and alterations to existing site improvements, including, but not limited to, parking lots, sidewalks, stairways, ramps and accessible routes to buildings and structures, must comply with applicable accessibility requirements identified in the Maine Uniform Building and Energy Code.
New public buildings and structures and alterations to existing public buildings and structures must comply with the applicable accessibility requirements identified in the Maine Uniform Building and Energy Code.
The reviewing authority may require secondary documentation prepared by a qualified professional to verify compliance with applicable accessibility requirements. Plans must be submitted for any project subject to barrier-free certification by the State Fire Marshal's Office.