The purpose of the standards in this article is to provide some means of reducing or eliminating potentially annoying, unhealthy, or unsafe characteristics of land uses. Such characteristics include, but are not limited to noise, odor, traffic, and other factors that affect one's neighbors or may affect the whole town. To provide for proper control of these external characteristics, this article provides three levels of review, consisting of the code enforcement officer, the planning board, and the planning board as site review board. This article shall explain the circumstances under which these forms of review shall apply.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 301))

(a)

Basic requirements—All uses. All land use shall conform to basic requirements. These shall apply to establishment of a new use, change of use, or construction requiring a building permit as provided in section 45-125. In addition, some specific activities must meet other standards as provided in section 45-405. Where the table of land uses as provided in sections 44-34 and 45-290 lists a use as yes, no permit is needed. Where the table of land uses lists a use as CEO, the code enforcement officer shall review and approve the use according to standards for basic requirements and specific activities.

(b)

Site plan review uses—Planning board. Where the table of land uses in sections 44-34 or 45-290 lists a use as SPR, the use is a site plan review use which must be reviewed and approved by the planning board under chapter 33, article III, Site plan review. The use must also conform with the basic requirements in chapter 45, article VIII (Performance standards) and any applicable standards for specific activities in chapter 45, article IX.

(c)

Subdivisions. Where the table of land uses in sections 44-34 and 45-290 lists a use as SPR/SD, specific requirements and procedures shall be in accordance with chapter 41 of this Code, in addition to those requirements and procedures of site plan review in chapter 33, article III.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 302); T.M. of 3-23-02, (art. 48); T.M. of 6-12-2010(3))

Cross reference— Site review, § 33-56 et seq.; subdivision regulations, ch. 41.

When the effects of use are uncertain, the code enforcement officer, after prior notification to and at the expense of the applicant, shall employ such independent recognized consultant as necessary to ensure compliance with all requirements of this Code specifically related to the public health, safety and welfare and the abatement of nuisances. The estimated costs of such studies shall be deposited with the town clerk prior to their undertaking.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 303))

Proposed development and uses shall meet the requirements in sections 45-405 through 45-421.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 304))

(a)

Lots and structures in all districts shall meet or exceed the following minimum requirements:

(b)

Signs in all districts shall meet or exceed the following minimum requirements:

(c)

Affordable housing developments (AHDs) may seek a density bonus of up to two-and-a-half times the dwelling unit density otherwise allowed in the zoning district. This means that the minimum area per dwelling unit in subsection (a) may be divided by up to 2.5 to determine the allowable number of dwelling units for a given acreage. AHDs shall meet the minimum lot size requirements in subsection (a). Applications for AHDs shall include a calculation showing the number of dwelling units that would be allowed for a non-AHD development in comparison with the number of dwelling units proposed for the AHD. This calculation shall also include the number of affordable units consistent with the definition of "affordable housing development" in section 1-2 and the standards in section 45-464. The density bonus may not be applied in conjunction with (that is, in addition to) the density bonus provided in this section for an assisted living facility, elderly housing, or a life care facility.

Notes:

a.

A front yard abutting a state or town road shall have a minimum depth of 50 feet from the right-of-way line. A front yard abutting an interior street within the proposed site shall have a minimum depth of 30 feet from the right-of-way line. All parking areas shall conform to setback requirements.

b.

All side and rear yards abutting an existing residential use shall have a minimum depth of 100 feet from the side or rear lot lines.

c.

Accessory buildings shall be located no less than 30 feet from any principal buildings on adjacent property.

d.

Rooftop antennas and other telecommunications structures shall conform to the requirements of sections 33-185 and 45-460. Steeples and spires shall be exempt from maximum height requirements.

e.

Setbacks and setback measurements in shoreland zones shall follow requirements of chapter 44.

f.

Reserved.

g.

The minimum acreage for elderly housing in all districts, where allowed, shall be one acre for the first dwelling unit and one quarter acre for each additional unit. Minimum acreage requirements shall revert back to dwelling unit requirements if elderly housing is discontinued.

h.

In the rural, suburban and village districts, more than one principal structure may be located on a single lot, provided each such structure is located in such a fashion that it could be separately conveyed on a separate lot in compliance with all dimensional requirements of the district (except that any lawfully existing structure which does not meet all minimum dimensional requirements may continue that nonconformity).

i.

See section 45-528(c) for other requirements applicable to two or more commercial or industrial establishments under separate ownership on one parcel within the commercial/industrial district.

j.

Signs identifying subdivisions of ten or more lots shall be posted at the entrance of the subdivision and shall be approved by the planning board. Signs shall contain only the name of the subdivision.

k.

See section 45-532 for additional sign placement requirements.

l.

Street frontage shall be measured along one street. The planning board is authorized to vary frontage requirements for new subdivisions according to section 41-255(g). Such lots shall be treated as conforming lots for the purpose of this chapter.

m.

Back lot requirements are contained in section 45-466.

n.

Lots within a mobile home park shall be a minimum of:

6,500 feet ² if served by public sewer. Minimum lot width is 50 feet.

12,000 feet ² if served by central subsurface wastewater disposal approved by the state department of human services. Overall density of park, including road rights-of-way and buffer strips shall be 20,000 feet ² per dwelling. Minimum lot width is 75 feet.

20,000 feet ² if served by onsite subsurface wastewater disposal. Minimum lot width is 100 feet.

o.

See section 41-276 et seq. for specific requirements.

p.

Elderly housing, nursing facility, assisted living facility and life care facility shall have setbacks of 50 feet from lot line or 100 feet from residential dwelling unit, whichever is greater.

q.

Life care facility shall have a maximum lot coverage of 50 percent. Elderly housing, nursing facility or assisted living facility individually shall have a maximum lot coverage of 35 percent.

r.

Tiny homes on wheels shall conform to the requirements of section 45-137. Accessory dwelling unit tiny homes and foundation-built tiny homes shall also conform to the requirements of section 45-459.

s.

One acre for the first dwelling unit and then one-fifteenth acre for each additional dwelling unit provided all other dimensional requirements are met.

t.

One acre for the first dwelling unit and then one-fifteenth acre for each additional assisted living facility dwelling unit plus one-fourth acre for each additional elderly housing dwelling unit plus district acreage requirement (1-village, 2-suburban, 3-C/I) for each single family dwelling unit provided all other dimensional requirements are met.

Example: A 15-acre suburban district lot could contain three single family dwelling units (five acres) plus 61 assisted living facility dwelling units (five acres) plus 17 elderly housing dwelling units (five acres) plus a nursing facility (0 acres) provided all dimensional requirements are met.

u.

See section 45-459 for requirements. Additional lot area per dwelling unit is not required for an accessory dwelling unit.

v.

In the C/I district, more than one principal structure may be located on a single lot which meets the minimum lot size and street frontage requirements for the district. Each such structure must maintain required yards adjacent to the front, side, and rear lot lines and must be located no closer than 20 feet (as viewed from the front lot line) to any other such structure on the lot. Such structures need not comply separately with the minimum lot size and frontage requirements, but the aggregate of all the structures on the lot shall not exceed the maximum lot coverage requirement. Nonconforming lots of record, with existing commercial structures, at the time of adoption of this section change may also contain more than one principal structure provided the setback and expansion requirements are met. Separation of structures shall not be less than 20 feet.

w.

For the purpose of this table, "water & sewer" means that the lot and all dwelling units thereon are served by connections to both a public water system and a public sewer system. "No water or sewer" means that the lot or at least one dwelling unit thereon are not served by a public water system, a public sewer system, or both.

(T.M. of 11-2-1982; T.M. of 6-26-1985; T.M. of 11-23-1985; T.M. of 11-4-1986; T.M. of 4-21-1987; T.M. of 3-19-1988; T.M. of 12-20-1989, (§ 305); T.M. of 12-15-1993; Amend. of 3-26-1994; Ord. of 3-25-2000(1); T.M. of 6-19-2001, (art. 8); T.M. of 3-16-2002, (art. 4); T.M. of 11-5-2002; T.M. of 6-14-2005; T.M. of 6-18-2011(5); T.M. of 6-14-2016(1); T.M. of 11-6-2018(5); T.M. of 6-14-2022(5), art. 27; T.M. of 6-13-2023(4), art. 28; T.M. of 11-7-2023(2), art. 15)

Cross reference— Requirements unique to mobile home park subdivisions, § 41-276 et seq.; other district regulations, § 45-286 et seq.

(a)

The proposed development shall provide for safe access to and from public and private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersections, schools, and other traffic generators. The proposed development shall not have an unreasonable adverse impact on the town road system, and shall assure safe interior circulation within its site, by separating pedestrian and vehicular traffic and providing adequate parking and loading areas. Other than width requirements for roads, entrance and exit vehicle lanes shall be limited to widths of 15 to 20 feet per lane. This width requirement shall not apply to parcels for single-family or two-family dwellings. Curb cuts shall be limited to the width necessary for safe entering and exiting. All exit driveways shall be designed according to the following standards of safe sight distances:

(b)

The police department shall be officially consulted on all applications reviewed under this chapter.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 306); T.M. of 6-14-05; T.M. of 6-16-2012(3))

(a)

Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or sound pressure level. The sound pressure level generated by any continuous, regular, or frequent source of sound measured at any point on any lot of the property on which the sound is generated (the "generating site") or on any other property the owner of which requests a sound pressure level measurement (the "receiving property") shall not exceed the following limits:

However, if the sound pressure level of ambient sound at any measuring location is greater than the applicable sound pressure level specified above, then the ambient sound pressure level shall constitute the allowable level at that location. In applying this paragraph, ambient sound shall mean the composite of all sounds from sources near and far, exclusive of occasional and transient sounds and exclusive of the sound source which is being measured for compliance, and the ambient sound pressure level shall be averaged over a period of at least 15 minutes under conditions typical for the operation of the sound source being measured for compliance.

The following uses and activities shall be exempt from these sound pressure level limits:

(1)

Noises created by construction and maintenance activities between 7:00 a.m. and 8:00 p.m.

(2)

The noises of safety signals, warning devices, and emergency pressure relief valves, and other emergency activity.

(3)

Traffic noise on public roads, or noise created by airplanes and railroads.

(b)

No person shall engage in, cause, or permit any person to be engaged in very loud construction activities on a site abutting any residential use between the hours of 8:00 p.m. of one day and 7:00 a.m. of the following day. Construction activities shall be subject to the maximum permissible sound level specified for the commercial/industrial district for the periods within which construction is to be completed pursuant to any applicable building permit.

(c)

Sound pressure level is defined as 20 times the logarithm to the base of ten of the ratio of the sound pressure in question to the standard reference pressure of 0.00002 N/M2 in decibel units. It is measured by a sound level meter using the A level frequency weighting network, as follows:

(1)

Sound pressure level readings shall be recorded on a form entitled "Eliot Noise Record Data Sheet" attached to this ordinance as addendum A [and referred to herein by reference], which may be revised from time to time by the board of selectmen.

(2)

Compliance with maximum sound pressure level limits of this section shall be determined solely by the use of a sound pressure level meter and meter set points identified on the Eliot Sound Pressure Record Data Sheet. Sound level measurements taken with any other model instrument or settings shall not be considered in determining compliance with this section.

(3)

All sound pressure level measurements shall be taken using the guidance in ANSI S1.13 (ASA 118) 1995 or later revision unless otherwise specified in this section.

(4)

Sound pressure levels shall be measured at one or more points on each major lot line (front, rear and sides) of the generating site and, upon request of the owner of a receiving site, at two locations on such receiving site, chosen by the owner of the receiving site. Sound pressure level measurements shall be made at a height of at least four feet above ground level.

(d)

This section 45-407 shall apply to existing uses as well as to proposed development and uses, except that an existing use which does not comply with the sound pressure level limits of March 27, 1999 may apply to the code enforcement officer for a temporary waiver from those limits. The code enforcement officer may grant a waiver only upon finding that immediate application of the sound pressure level limits to the existing use would present practical difficulties or cause financial hardship, and that the owner or operator of the generating site will develop and implement a plan to achieve compliance within the shortest time frame which is technically and financially feasible. Any waiver so granted shall expire no later than six months after effective date of amendments.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 307); T.M. 3-27-99(4), § 1)

Emission of dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation or property or which could soil or stain persons or property at any point beyond the lot line of the commercial or industrial establishment creating that emission shall be prohibited. All such activities shall comply with applicable federal and state regulations.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 308))

(a)

No nonfarming land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond their lot lines, measured either at ground or habitable elevation.

(b)

In addition to subsection (a), marijuana establishments and medical marijuana establishments are subject to the odor management requirements in subsection 33-190(14). For the purpose of this section, marijuana cultivation facilities and medical marijuana cultivation facilities shall be considered nonfarming land uses or establishments. Any substantiated complaints received by the code enforcement officer pursuant to subsection 33-190(14) and division 2 of article III of this chapter shall be logged, and such log may be presented to the select board in their review of a license renewal application pursuant to subsection 11-8(e).

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 309); T.M. of 6-14-2022(3), art. 26)

No land use or establishment shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto adjacent properties, or onto any town way so as to impair the vision of the driver of any vehicle upon that town way. All such activities shall comply with applicable federal and state regulations.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 310))

Cross reference— Site plan glare requirements for industrial and commercial areas, § 33-180.

Surface water runoff shall be minimized and detained on site if possible or practicable. If it is not possible to detain water on site, downstream improvements to the channel may be required of the developer to prevent flooding caused by his project. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible. The design requirement is a 50-year storm.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 311))

Construction activity subject to chapter 34 shall follow the erosion and sedimentation control requirements in chapter 34. For all construction activity subject to this chapter, erosion of soil and sedimentation of watercourses and waterbodies shall be minimized by employing the following best management practices:

(1)

Stripping of vegetation, and regrading or other development shall be done in such a way as to minimize erosion.

(2)

The duration of exposure of the disturbed area shall be kept to a practical minimum.

(3)

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

(4)

Permanent (final) vegetation and mechanical erosion control measures in accordance with the standards of the county soil and water conservation district or the state soil and water conservation commission shall be installed as soon as practical after construction ends.

(5)

Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods as determined by the planning board.

(6)

The top of a cut or the bottom of a fill section shall not be closer than ten feet to an adjoining property, unless otherwise specified by the planning board.

(7)

During grading operations, methods of dust control shall be employed.

(T.M. of 11-2-1982; T.M. of 6-26-1985; T.M. of 11-23-1985; T.M. of 11-4-1986; T.M. of 4-21-1987; T.M. of 3-19-1988; T.M. of 12-20-1989, (§ 312); T.M. of 11-8-2022(4), art. 5)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Proposed structures shall be related harmoniously to the terrain. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 313))

Cross reference— Site plan requirements for commercial and industrial establishments, § 33-127; landscaping, § 33-175.

In the village and suburban districts, the planning board may require new commercial construction to utilize exterior building materials which harmonize with surrounding properties, and to be designed so as not to be architecturally incompatible in terms of scale, height, window size and roof pitch.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 314))

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, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a state-certified soils scientist or geologist based upon onsite investigation. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by onsite factors such as depth to water table and depth to refusal. The code enforcement officer or planning board may require the developer to submit written evidence that the soil will be able to support all proposed pavement, structures, and utilities. This report may include recommended measures to ensure that cracking, subsidence or other failure will not result.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 315))

All subsurface sewage disposal facilities shall be installed in conformance with the state plumbing code and the following:

(1)

All subsurface sewage disposal systems shall be located in areas of suitable soil of at least 1,000 square feet in size.

(2)

The minimum setback for subsurface sewage disposal facilities shall be no less than 100 horizontal feet from the normal high water mark of a waterbody. This requirement shall not be reduced by variance.

(3)

A new or replacement subsurface sewage disposal system that receives in excess of 2,000 gallons per day shall be:

a.

An engineered subsurface disposal system.

b.

Reviewed by a technical consultant pursuant to section 33-128 or section 41-142, as applicable.

c.

Submitted to the state department of health and human services for review.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 317); T.M. of 11-7-2023(2), art. 15)

(a)

Buffers and screening shall be provided for the purpose of eliminating any adverse effects upon the environmental or aesthetic qualities of abutting properties, visual quality, or any type of nuisance affecting the health, safety, welfare, and property values of the residents and landowners of the town.

(b)

To ensure that abutting uses are compatible and to improve visual quality along roads, all loading and unloading operations, storage areas, vehicle parking, waste disposal and collection areas, sand and gravel extraction operations, and other uses as the code enforcement officer and board may determine shall have buffers and screening. To achieve this result, the following requirements shall apply:

(1)

Natural features shall be maintained wherever possible to provide a break between the proposed development and abutting properties.

(2)

When natural features such as gullies, stands of trees, shrubbery, and rock outcrops do not exist or are insufficient to provide a buffer, the applicant shall submit for approval a landscape plan which may provide fencing or screening.

(3)

The property owner shall properly maintain buffers, fencing, and screening at all times.

(4)

Buffers, fencing and screening shall be so located within the owner's property line to allow access for maintenance on both sides without intruding upon abutting properties.

(5)

Fencing must conform to the requirements of section 45-423.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 318); T.M. of 3-20-04)

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, unless they are located in anchored tanks at least 75 feet from any lot line, town way or interior roadway. Underground tanks shall be at least 40 feet from lot lines and all relevant federal and state regulations shall also be met.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 319))

(a)

No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that run off, seep, percolate or wash into surface waters or groundwaters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness to be harmful to human, animal, plant or aquatic life.

(b)

All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be located on impervious pavement, and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage are a during a 50-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for "home heating oil" and diesel fuel, not exceeding 275 gallons in size, may be exempted from this requirement, in situations where neither a high seasonal water table (within 15 inches of the surface) nor rapidly permeable sandy soils are involved.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 320))

(a)

Purpose. The purpose of this section is to clean up our waterbodies and aid in environmental protection of aquatic and plant life and, for the health and safety of the citizens of the town.

(b)

Definitions. For the purposes of this section the following definitions shall apply:

Discharge means the means of disposal of wastewater.

Hazardous wastes means all substances, including industrial and commercial wastes, as defined by the Environmental Protection Agency (EPA) as hazardous materials.

Wastewater means the liquid and waterborne wastes derived from the ordinary living processes. It shall include liquid and waterborne wastes from residences, commercial buildings, industrial plants, and institutions that are free from industrial wastes.

Waterbody means a natural or artificial surface depression having standing or flowing water, intermittent or perennial. The term "waterbody" includes but is not limited to natural and artificial lakes, ponds, rivers, streams, brooks, swamps, marshes, bogs and tidal marshes. It usually discharges into a larger waterbody and has a definite channel, bed, banks and high water mark.

(c)

Offenses. It shall be unlawful for any person, in the town, to discharge or allow to discharge from his property any wastewater or hazardous wastes into any waterbodies of the town.

(d)

Exemption for existing systems. An existing system of discharging wastewater into a waterbody shall be in compliance with this section if the system was constructed/installed, and is maintained in accordance with the state statutes, codes and regulations in effect at the time of its installation, unless the system has been documented to be malfunctioning in accordance with the plumbing code.

(T.M. of 3-21-81, art. 36)

The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The code enforcement officer or planning board shall consider the impact of particular industrial or chemical wastes or byproducts upon the town's sanitary landfill (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable state and federal regulations. The planning board or code enforcement officer may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 321))

(a)

Setbacks and screening.

(1)

As used in this article, waste containers are an accessory structure and must comply with applicable minimum yard dimensions for accessory buildings as provided in section 45-405. Waste containers shall not be located in the front yard.

(2)

All waste containers visible from a public way or located within 50 feet of a residential structure shall be enclosed or screened to obstruct view from abutting properties.

(b)

Hours of use. No waste containers shall be emptied between the hours of 9:00 p.m. and 7:00 a.m., unless special circumstances are shown to the code enforcement officer, who then at his discretion may grant an extension of time. All waste containers must be covered by an attached lid or other secure covering at all times, except during the actual filling and emptying thereof.

(c)

Size. Each waste container shall be of sufficient size and capacity, shall not be filled to overflowing and shall be designed and maintained so as to avoid offensive odors. The owner or occupant in control of the property on which the waste container is located must take appropriate action to cause the waste container to be emptied of its contents when full. The code enforcement officer may refuse or revoke a permit, if in his discretion, the size or capacity of the waste container does not fulfill the requirements of this section.

(d)

Obstruction of traffic. Each waste container shall be situated so as not to obstruct the view of vehicular or pedestrian traffic. No waste container shall be placed or parked on a public way. If in the opinion of the code enforcement officer and the concurring approval of the following departments: highway department, police and fire, that a condition exists requiring temporary placement of a waste container on a public way, then a temporary permit may be issued.

If a temporary permit is issued for parking a waste container on a public way, then such waste container shall be clearly illuminated at night by lights or reflective materials.

(e)

Maintenance. It shall be the responsibility of the owner or occupant in control of the property on which the waste container is located to maintain the waste container area free of odors, scattered debris, overflow and all other nuisances.

(f)

Permit required. The owner or occupant in control of the property upon which a waste container is proposed to be located shall submit an application for a waste container permit for each waste container to be used upon his property prior to installation of the waste container. The applicant may be required to submit a plot plan indicating the location of the waste container(s) to the code enforcement officer for each waste container in use on the property. The applicant shall submit a fee with the application in the amount established by the fee schedule set in section 1-25.

(g)

Temporary waste containers. No permit shall be required for the placement of a temporary waste container (roll-off or gondola type) provided that the following circumstances apply:

(1)

The waste container will be utilized for no longer than 90 days in connection with construction or demolition. Fairs, carnivals or other similar temporary needs may utilize a waste container for no more than 30 days.

(2)

The waste container shall not be located on a public way or public property.

(3)

The owner or occupant in control of the property on which the waste container is located shall comply with all the provisions of this division that are applicable to the operation of the waste container.

(h)

Modifications, suspension, revocation of permit. Permits may be modified, suspended, revoked or recalled by the code enforcement officer for failure of the owner or occupant in control of the property on which the waste container is located to comply with the provisions of this section.

(T.M. of 3-20-04)

(a)

Fence heights. No person, firm, corporation or other organization shall erect or cause to be erected a fence exceeding eight feet in height from ground level with the exception of those described in section 33-175.

(b)

Fence design and location.

(1)

The finished side of a fence shall face outward from the property on which the fence is located. The side of a fence containing the posts or poles and other bracing appurtenances shall face inward to the property being fenced in or on which the fence is located. All fences and their supporting parts and appurtenances shall be set back at least two feet from all lot lines (unless adjoining property owners agree by written instrument recorded in the York County Registry of Deeds that a fence may be located on their common boundary). In addition, no fence and its supporting parts and appurtenances shall be located closer than four feet to the edge of pavement of a paved road or the edge of the traveled way on an unpaved road.

(2)

On a lot located at the intersection of two streets (corner lot), no fence or vegetal elements shall be erected or placed in such a manner as to impede vision between either street and a triangular portion of the lot bounded by the two street lines and a straight line joining two points, each of which is located along one of the street lines at a distance of 30 feet from their intersection. For corner lots that are located on the inside curve of streets and at intersections that are not within 15 degrees of perpendicular, adequate and safe sight distances in both directions, as determined by the code enforcement officer, shall be provided. Property owners shall maintain vegetation such that it does not grow to limit site distance.

(3)

Fencing that will obstruct the required site distances of sections 37-70(d) and 45-406 is not allowed.

(T.M. of 3-20-04)