Proposed development and uses identified as specific activities shall meet the requirements listed under the applicable standard. Specific activities are found in this article.

(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, (§ 325))

Accessory uses or structures may be located on front, side or rear yards, but must meet applicable setback requirements as provided in section 45-405.

(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, (§ 326))

Editor's note— A Town Meeting held on Dec. 15, 1993, repealed § 45-453 in its entirety. Formerly, § 45-453 pertained to standards for agriculture and derived from Town Meeting of Nov. 2, 1982; Town Meeting of June 26, 1985; Town Meeting of Nov. 23, 1985; Town Meeting of Nov. 4, 1986; Town Meeting of Apr. 21, 1987; Town Meeting of Mar. 19, 1988; and § 327 of the Town Meeting held on Dec. 20, 1989.

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

Camping areas shall contain a minimum of 5,000 square feet of suitable land, not including roads and driveways, for each site.

(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, (§ 328); T.M. of 12-15-93)

Cross reference— Campground site plan review requirements, § 33-172; campground license required, § 33-173.

(a)

Basic requirements. Home-based businesses shall meet the following basic requirements:

Table notes:

(1)

For the purpose of this section, the area includes all portions of all structures used to support or conduct the home-based business but excludes:

a.

The allowed parking spaces;

b.

Outdoor gardens or other growing areas for produce or plants that are sold or processed as part of the home-based business;

c.

Outdoor play or activity spaces associated with a family child care;

d.

Rental moorings, docking facilities, and boat storage areas referenced in section 1-2 in the definition of a water-dependent home-based business; and

e.

Other outdoor areas necessary for the operation of the home-based business, when the planning board finds that these areas are not intended to circumvent compliance with the maximums in the table and that they do not have substantial impacts on abutting properties or public ways.

(2)

An additional sign or plaque, up to one square feet in area, is allowed on or next to the main entry door to the home-based business.

(3)

Direct illuminated signs are prohibited.

(b)

Secondary to residential use. Home-based businesses shall be clearly secondary to the residential use of the property. They must be compatible with the scale and character of the neighborhood and areas that are primarily residential.

(c)

Residency. At least one person engaged in each home-based business must reside in the dwelling unit where it is performed or, if it is performed in an accessory building on the property, must reside in the principal dwelling unit or an accessory dwelling unit on the property.

(d)

Use. Any use that is not listed in the table of land uses (section 45-290) may be permitted as a home-based business provided both of the following requirements are met:

(1)

The applicant must provide a rationale, acceptable to the planning board, substantiating that the proposed use is similar to a permitted use as allowed in the applicable zoning district.

(2)

The application must be approved by a concurring vote of at least three members of the planning board as being similar to a use listed in the table of land uses as allowed in the applicable zoning district.

(e)

Agriculture and seasonal sales of produce and plants raised locally. Agriculture and seasonal sales of produce and plants raised on the property are presumptively not considered home-based businesses for the purposes of this chapter.

(f)

Time limitation on certain activities. Between the hours of 7:00 p.m. and 8:00 a.m., a home-based business shall not receive in-person visits from clients or customers, except:

(1)

In emergency situations;

(2)

For clients or customers of water-dependent home-based businesses accessing their own boats at a rented docking facility or mooring; or

(3)

When the permit-issuing authority waives this requirement based on a finding that such visits can take place without negative impacts to abutting properties. In issuing a waiver, the permit-issuing authority may apply additional conditions as necessary to mitigate the potential effects of the extended hours.

(g)

Noise and glare. To ensure compliance with sections 45-407 and 45-410, the permit-issuing authority may require measures to prevent or reduce noise and glare impacts.

(h)

Multiple home-based businesses on the same property. More than one home-based business may be located on the same lot if in the aggregate and cumulatively the home-based businesses on the lot comply with the requirements of this section, except that there may be no more than one water-dependent home-based business per lot, where allowed.

(i)

Selling of merchandise and products. If allowed by subsection (a) of this section, home-based businesses may engage in selling of merchandise and products as follows:

(1)

On-site sales of merchandise and products that are created, grown, built, or substantially altered as part of the home-based businesses.

(2)

On-site sales of merchandise and products that are customarily incidental to the services or products provided by the home-based businesses.

(3)

Off-site, phone, mail, and internet, or similar sales of merchandise and products.

(4)

On-site wholesale distribution of merchandise and products to dealer/sales representatives who sell the merchandise and products off site.

(j)

Parking. In addition to the parking space requirements in subsection (a) of this section, the requirements of article X of this chapter shall apply to all home-based business parking spaces.

(k)

Solids, fluids, and gases.

(1)

Home-based business applications shall identify how all fluids, solids, and gases unique to the business will be used and stored. The location and quantity of highly flammable or explosive liquids, solids, or gases shall be identified on the application and referred to the town fire chief for review and comment. Material safety data sheets (MSDS) shall be provided by the applicant as required by the planning board.

(2)

To ensure compliance with sections 45-418 through 45-421, the permit-issuing authority may require mitigation measures regarding storage of explosive materials, potential pollution, and solid waste disposal related to the home-based business.

(3)

Waste containers associated with the home-based business shall be no larger than 0.5 cubic yards.

(l)

Off-property operation. Persons engaged in the home-based business may operate away from the home-based business property, for example, purveyors of skilled trades.

(m)

Satellite operation. A home-based business shall not be used as a satellite facility or additional storage space for a business that has operations at another location or address. The address of record for a home-based business must be the same as the residential address. This standard is not intended to exclude more than one home-based business involving tradespeople associated with the same franchise.

(n)

Setback standards for large businesses. All structures used as part of a large home-based business shall meet minimum yard and setback requirements for principal structures.

(o)

Storage. Storage of material associated with the home-based business use, and any other external evidence of the business, shall be located or screened such that it is not visible from the street or neighboring residences. Signage, lobster traps, boat storage (in accordance with water dependent home-based businesses) and one business-related vehicle with a gross vehicle weight rating of 10,000 pounds or less shall be exempt from screening requirements.

(Elec. of 6-10-2025)

Editor's note— An election held June 10, 2025, repealed former § 45-455, which pertained to home occupations and derived from town meetings dated November 2, 1982; June 26, 1985; November 23, 1985; November 4, 1986; April 21, 1987; March 19, 1988; and December 20, 1989, and enacted a new § 45-455 as set out above and as may later be amended.

Editor's note— An election held June 10, 2025, repealed former § 45-456 which pertained to home offices and derived from a town meeting dated June 19, 2001, art. 7.

Editor's note— An election held June 10, 2025, repealed former § 45-456.1 which pertained to home businesses and derived from town meetings dated March 16, 2001, art. 3, and June 14, 2005.

(a)

A mobile home is a detached, totally self-contained and nonsectional, residential dwelling unit as originally constructed or designed for transportation by a motor vehicle upon a public way and designed, equipped and used primarily for sleeping, eating and living quarters or as intended to be so used after arriving at a site where it is to be occupied as a dwelling and includes any additions, attachment annexes, foundations and appurtenances. It shall not include any similarly prefabricated modular or unitized dwelling placed on permanent foundations nor shall it include travel trailers, campers, or similar units designed for recreation or other shortterm uses. A manufactured housing unit in a mobile home park is a single-story structure constructed in one or two sections, which are constructed in a manufacturing facility and are transportable to a building site and designed to be used as a dwelling when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems contained therein. A mobile home is considered a manufactured housing unit.

(b)

No mobile home or manufactured housing unit in a mobile home park shall contain less than 650 square feet of living space as originally constructed.

(c)

No mobile home shall be occupied for other than a single-family dwelling.

(d)

No more than one mobile home or manufactured housing unit in a mobile home park shall be placed on a single lot, and all dimensional requirements for a single-family dwelling within the district in which the mobile home is placed shall be met.

(e)

Any mobile home shall be approved and certified by the state housing authority or a state-approved agent to September 1, 1974, state requirements, indicated as Identification Number A119.1, on each mobile home unit.

(f)

All mobile home or manufactured housing units in a mobile home park shall be boxed or skirted with fire resistant materials. All material shall comply with the fire code of the town.

(g)

Concrete or other approved moisture barriers shall cover the entire earth area within the skirting walls, and adequate ventilation shall be provided for the crawl space. This subsection applies to mobile homes and manufactured housing units in mobile home parks.

(h)

Suitable tiedowns shall be installed and secured to the mobile home or manufactured housing unit in a mobile home park.

(i)

The code enforcement officer shall inspect and approve the tiedowns, foundation, sewerage, and water systems before a mobile home or manufactured housing unit in a mobile home park may be set in place and occupied.

(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, (§ 332))

Cross reference— Design standards and requirements unique to mobile home park subdivisions, § 41-276 et seq.

Editor's note— A Town Meeting held on Dec. 15, 1993, repealed § 45-458 in its entirety. Formerly, § 45-458 pertained to standards for piers, docks, bridges over 20 feet in length, and uses projecting into waterbodies and derived from Town Meeting of Nov. 2, 1982; Town Meeting of June 26, 1985; Town Meeting of Nov. 23, 1985; Town Meeting of Nov. 4, 1986; Town Meeting of Apr. 21, 1987; Town Meeting of Mar. 19, 1988; and § 334 of the Town Meeting held on Dec. 20, 1989.

(a)

An accessory dwelling unit (ADU) may be rented so that the owner-occupant may benefit from the additional income. The owner may also elect to occupy the accessory dwelling unit and rent the principal dwelling unit.

(b)

Owner-occupied means that either the principal dwelling unit or the ADU is occupied by a person who has a legal or equitable ownership interest in the property and bears all or part of the economic risk of decline in value of the property and who receives all or part of the remuneration, if any, derived from the lease or rental of the dwelling unit.

(c)

An ADU may be permitted as an accessory use to a single family home under the following conditions:

(1)

Only one ADU is permitted per lot. The ADU shall be located in the same building as the principal dwelling unit, attached to or sharing a wall with the principal dwelling unit, or in a building accessory to the principal dwelling unit.

(2)

A building permit for the proposed construction of a new ADU or the creation of a new ADU within an existing building, must be issued by the code enforcement officer (CEO). Planning board approval is not required for an ADU, except as specified by section 44-34.

(3)

A building permit for a new single family home may include an ADU as long as the provisions of this section are met and the building conforms to all of the dimensional requirements for the zone in which it is being built. An ADU may be included in a new home constructed on a lawful nonconforming lot of record which may be built upon pursuant to section 45-194.

(4)

The property owner must occupy either the principal dwelling unit or the ADU as their principal residence, and at no time receive rent for the owner-occupied unit. Principal residence must be proven by voter registration or other evidence acceptable to the CEO.

(5)

The maximum gross floor area of an ADU shall be 1,000 square feet or 50 percent of the gross floor area of the principal dwelling unit, whichever is less. The minimum gross floor area of an ADU shall be 190 square feet, except that tiny home on wheels ADUs and foundation-built tiny home ADUs are not subject to a minimum gross floor area. An ADU shall not have more than two bedrooms.

State Law reference— 29-A M.R.S.A. § 101(80-C), 30-A M.R.S.A. § 4363, 30-A M.R.S.A. § 4364-B.

(6)

Apartments built prior to November 2, 1982 and existing on March 16, 2002, shall be considered lawful nonconforming uses which may continue pursuant to section 45-191. Any apartments existing on (effective date of section 45-459) and built on or after November 2, 1982 shall not be considered lawful nonconforming uses, unless the property owners applies for a building permit for the ADU and brings the unit up to the health and safety provisions of the minimum housing code standards. A grace period of one year from the adoption of this article will be allowed for homeowners to modify such unlawful non-conforming units. The CEO will have the authority to waive certain space and setback requirements for such unlawful nonconforming units where full compliance would be impractical. On March 16, 2003, all owners of unlawful nonconforming units who have not brought them up to the health and safety standards of the minimum housing code, will be in violation of this section and subject to fines per subsection 45-6(b).

(7)

When any property containing an ADU is sold or transferred, the new owner must continue to meet the requirements of this Section in order to continue the use of the ADU. Should the new owner not meet the requirements of this section, the use of the unit must be discontinued. However, any lease in effect at the time of transfer may be continued until it expires or up to one year from the date of the transfer, whichever is shorter. This subsection (7) does not apply to an apartment built before November 2, 1982 and existing on March 16, 2002.

(8)

To ensure continued compliance by current and subsequent owners, the applicant shall provide and record in the county registry of deeds a covenant in a form acceptable to the town attorney that the existence of the ADU is predicated upon the occupancy of either the ADU or the principal dwelling by a person who owns the property. It is also required that any owner of the property must notify a prospective buyer of the limitations of this section.

(9)

New ADUs are not subject to the requirements of the growth management ordinance, chapter 29.

(10)

This provision shall not prohibit the conversion of a single family dwelling to a two-family dwelling or multifamily dwelling so long as said conversion complies with all current zoning requirements. However, if such conversion is approved, any ADU previously allowed under this section must be incorporated into and meet all the requirements for one of the units of the two-family dwelling or multifamily dwelling. Two-family dwellings and multifamily dwellings shall not include accessory dwelling units as defined in this section.

(11)

Design criteria:

a.

An ADU shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence. If an ADU extends beyond the existing footprint of the main building, such an addition must be consistent with the existing facade, roof pitch, siding, and windows. This subsection shall not apply to a tiny home on wheels ADU.

b.

Exterior stairs are restricted to the rear or sides of the structure.

(12)

Occupancy of an ADU shall be limited to the following: No more than two persons per bedroom are allowed, unless otherwise approved by the CEO and the fire chief or their respective designees. Increased occupancy limits may be granted after application to the CEO and inspection of the dwelling unit.

(13)

An occupancy permit must be issued by the CEO prior to occupancy of an ADU created or modified pursuant to this section 45-459.

(14)

The CEO may inspect an ADU, with or without complaint with a minimum of 48 hours of receipt of notice of inspection to the property owner to ensure compliance with the section. Any property owner found in violation of this section shall have 30 days from the date of written notice to correct such violation. Failure to correct the violation shall result in the revocation of the ADU certificate of occupancy, as well as subjecting the property owner to the remedies and penalties provided in sections 45-101 and 45-102.

(d)

Lot line setbacks.

(1)

An ADU located within the same structure as a single-family dwelling unit or attached to or sharing a wall with a single-family dwelling unit shall meet minimum yard and setback requirements for principal structures.

(2)

An ADU permitted in an accessory structure as of July 1, 2023, shall continue to meet minimum yard and setback requirements for principal structures, except that, if that ADU was permitted with a yard width or setback distance less than the requirements for principal structures relative to one or more lot lines, then, relative to those lot lines only, the ADU may continue to have its existing yard width or setback distance, but shall not be extended or moved closer to any of those lot lines. In such case, the total gross floor area of the ADU that is less than minimum yard and setback requirements for principal structures shall not be expanded.

(3)

An ADU permitted in an accessory structure after July 1, 2023:

a.

Shall meet minimum yard and setback requirements for accessory structures; and

b.

Shall not be used as a short-term rental unless it meets minimum yard and setback requirements for principal structures.

State Law reference— 30-A M.R.S.A. § 4364-B.

(T.M. of 3-16-02, (art. 4); T.M. of 6-10-03; T.M. of 6-14-05; T.M. of 6-8-2021(1), art. 34; T.M. of 6-13-2023(4), art. 28; T.M. of 11-7-2023(2), art. 15)

Applications for new construction of a telecommunication structure less than 70 feet, expansion of an existing telecommunication structure or collocation of antenna on an existing telecommunication structure or alternate tower structure shall provide the following materials and information:

(1)

Documentation of the applicant's right, title, or interest in the property where structure is to be sited, including name and address of property owner, license holder, and applicant.

(2)

A copy of the applicant's FCC license and a signed statement from the applicant indicating that the facility will comply with FCC regulations.

(3)

Identification of any federally, state, or locally designated historic or archaeological resources, including districts, sites, and structures located on or abutting the proposed site.

(4)

Location and elevation drawings of the proposed facility showing color, and identifying materials. The drawings shall demonstrate that the proposed facility will comply with the following:

a.

Location and buffering. The structure shall be located on the property to minimize its potential adverse visual impact to abutting property owners to the maximum extent practical.

b.

Height. The structure shall be the minimum height necessary to allow its use and operation for the intended purpose.

c.

Multiple structures. The number of structures shall be the minimum necessary to support the intended purpose. The applicant must justify why more than one structure is necessary on the same property and must explore options to merge operations on a single structure prior to any action on a permit to construct or operate a second or additional structure. An applicant who proposes to construct or operate three or more structures (new or existing structures) on a single property shall be subject to review under the requirements for telecommunication structures 70 feet and higher.

d.

Antenna finish. Where an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

e.

Signs prohibited. The telecommunication structure or tower shall not display any permanent or temporary signs, writing, symbols, logos, or any graphic representation of any kind.

(5)

Certification that the structure shall be safely installed and supported in accordance with all federal, state, and local building code requirements. A new structure shall comply with the Electronic Industries Association/Telecommunications Industry Association (EIT/TIA) 222 Revision Standard entitled: "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures."

(6)

For proposed expansion of a facility, a signed statement that commits the owner of the facility, and his or her successors in interest to:

a.

Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;

b.

Negotiate in good faith for shared use by third parties;

c.

Allow shared use if an applicant agrees in writing to pay reasonable charges for collocation;

d.

Require no more than a reasonable charge for shared use, based on community rates and generally accepted accounting principles and supply-and-demand market conditions at the time of the proposed collocation. This charge may include, but not be limited to pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance financing, return on equity, depreciation, and all of the cost of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

e.

Remove any abandoned structure not used for a period of 24 months or greater.

(T.M. of 3-27-99(1), § 7)

(a)

Purpose. The purpose of this section is to promote the safe, effective and efficient use of small wind energy systems. This section describes the requirements for obtaining a permit to install a small wind energy system.

(b)

Setbacks.

(1)

A tower for a small wind energy system shall be set back a distance equal to 110 percent of its small wind energy system height from:

a.

Any public or private road right of way, unless written permission is granted by the town or state entity with jurisdiction over the road;

b.

Any overhead utility lines, unless written permission is granted by the utility;

c.

All property lines, unless written permission is granted from the affected landowner or neighbor;

d.

The planning board may accept restrictive easements on abutting parcels to satisfy setback requirements.

(2)

Small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located. However, notwithstanding such district regulations, no part of the small wind energy system, including guy wire anchors, may extend closer than ten feet to the property boundaries of the installation site.

(c)

Tower height.

(1)

For property sizes up to one acre the tower height shall be limited to a maximum of 80 feet.

(2)

For property sizes of one acre or more there shall be no limitation on tower height except as imposed by FAA regulations and setback requirements.

(3)

The planning board may accept restrictive easements on abutting parcels to satisfy acreage requirements.

(4)

The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the system.

(d)

Design requirements.

(1)

Access.

a.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

b.

The tower shall be designed and installed such that public access via step bolts or a ladder is prevented for a minimum of 12 feet above the ground.

(2)

Blade clearance. For all systems the minimum distance between the ground and any protruding blades shall be 15 feet as measured at the lowest point of the arc of the blades.

(3)

Appearance. Towers shall maintain a galvanized steel finish unless FAA standards require otherwise or if owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness.

(4)

Signs. Towers shall not display any permanent or temporary signs, writing, symbols, logos, or any graphic representation of any kind.

(5)

Lighting. No tower shall be lighted unless required by the FAA.

(6)

Noise. Small wind energy systems shall comply with the town noise requirements in section 45-407.

(e)

Documents required. The following documents must be submitted with the application for a small wind energy system:

(1)

Plot plan showing:

a.

A title block showing date, scale and arrow pointing north;

b.

The zoning district in which the small wind energy system is proposed;

c.

The setbacks of all existing and proposed structures or uses;

d.

The location of all existing and/or proposed structures or uses; and

e.

Any overhead utility lines.

(2)

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

(3)

Tower foundation blueprints or drawings.

(4)

Tower blueprint or drawing.

(5)

Standard drawings and an engineering analysis of the systems tower, and certification by a professional engineer. This analysis shall include standards for ice and wind loading.

(6)

A line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the current edition of the national electric code on file in the office of the code enforcement officer.

(7)

Data on approval from any small wind certification program that may apply.

(8)

Information showing that the generators and alternators to be used are constructed so as to prevent the emission of radio and television signals.

(9)

The applicant shall provide evidence that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(f)

State and federal requirements.

(1)

Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application.

(2)

Small wind energy systems must comply with applicable building code, national electric code, and other state and federal requirements.

(g)

Removal of unsafe small wind energy systems. Any small wind energy system found unsafe by the code enforcement officer shall be shut down immediately and repaired by the owner to meet all federal, state, or local safety standards or removed within six months. If the owner fails to remove the system as directed the code enforcement officer may pursue legal action to have the system removed at the owner's expense.

(T.M. of 6-14-08)

(a)

Purpose. The purpose of this section is to establish performance standards for solar energy systems. This section is intended to achieve the following general objectives:

(1)

Support the goals of the 2009 Comprehensive Plan, such as Critical Natural Resource Policy 1: "Work to preserve rare and endangered plant and animal habitat and other important natural resource systems within Eliot and adjacent communities."

(2)

Avoid or minimize potential adverse impacts of solar energy systems on abutting properties and the environment, including rare plant populations; habitat for rare or exemplary natural communities; and large, undeveloped blocks of forestland.

(3)

Encourage the siting of solar energy systems on land that has already been developed or disturbed, such as:

a.

On top of buildings;

b.

In parking lots;

c.

On closed landfills;

d.

On significantly disturbed sites such as brownfields;

e.

On land where previous development was located or significant grading has taken place; and

f.

In regenerating wooded areas that are not comprised primarily of important farmland soils.

(4)

Encourage the siting of solar energy systems on land that is not prime farmland or soils of statewide importance.

(5)

Provide performance standards appropriate for the scale of the proposed solar energy system and its potential adverse impacts.

(6)

Provide for the proper decommissioning and removal of panels and supporting structures when the panels have indefinitely stopped producing electricity.

(b)

Objectives are not performance standards. The general objectives in subsection (a) should not be interpreted as performance standards themselves. However, they are intended to relate to the performance standards, and applicants are encouraged to address the objectives to the extent practicable.

(c)

Performance standards for all solar energy systems. Solar energy systems must comply with all applicable building, plumbing and electrical codes and with all applicable dimensional requirements of this chapter (zoning) and chapter 44 (shoreland zoning).

(d)

Performance standards for larger-scale ground-mounted solar energy systems. The following standards shall apply to the development and maintenance of all larger-scale solar energy systems (SES-LGs). Planning board site plan review applications shall provide adequate information to demonstrate how the proposed development will comply with these standards.

(1)

Buffering and screening. SES-LGs shall comply with buffering and screening requirements in section 33-175 and section 45-417. Without limiting the generality of the foregoing:

a.

SES-LGs shall be visually screened from lots that have existing residential use and are within 100 feet of the lot(s) to be developed with the SES-LG and from streets, town ways, or public ways, by vegetated buffer that is at least 50 feet in depth. Except as provided in paragraph b., the vegetated buffer shall be continuous. It shall be maintained as a vegetated buffer for the duration of the operation of the SES-LG.

b.

The planning board may allow openings in the vegetated buffer required in paragraph a. only if they are necessary for transportation, emergency, or utility access to the site, or if they are otherwise required by law or building code requirements. Openings shall be minimized, and, to the extent practicable, one opening shall serve multiple purposes (e.g. a site driveway and power line).

(2)

Fencing. SES-LGs shall comply with the fence requirements in section 33-175 and section 45-423. Without limiting the generality of the foregoing:

a.

Fencing for SES-LGs shall be provided if required by the National Electrical Code (NEC), and shall be designed, installed, and maintained in accordance with the NEC.

b.

When used, fencing around the perimeter of an SES-LG shall be elevated by a minimum of six inches to allow for passage of small terrestrial animals.

c.

Where there is a documented potential or need for passage of larger wildlife, the planning board may require that an SES-LG include fence or gate design features at reasonable intervals to allow for such passage while ensuring site security and NEC compliance, including, but not necessarily limited to game fences designed with larger openings at the bottom and progressively smaller openings moving to the top of the fence, or wooden escape poles of five-inch or larger diameter, and no more than three feet higher than the height of the fence, in at least two locations along the fence.

(3)

Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of SES-LGs or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Removal of mature trees shall be avoided to the extent possible. No prime agricultural soil or significant volume of topsoil shall be removed from the site for installation of the system.

(4)

Wetlands. Wetland alteration shall be avoided or minimized to the extent practicable. In no case shall an SES-LG be sited on, or alter, 4,300 square feet or greater of wetlands. If the project is subject to a Natural Resources Protection Act permit from the state department of environmental protection and the applicant has not provided such approved permit as part of application review, the planning board may make the provision of such permit prior to, or along with, the building permit application a condition of approval.

(5)

Habitat. SES-LGs shall comply with the following performance standards regarding protection of sensitive wildlife habitat and corridors, as applicable:

a.

Significant, potentially significant, or assumed significant vernal pools, and their associated critical terrestrial habitat (CTH), shall be protected to the extent required by DEP.

b.

Documented habitats for state endangered, threatened, or special concern bat species shall be avoided, including but not necessarily limited to winter hibernacula and maternity roost trees.

c.

Deer wintering areas, deer travel corridors, Northern Black Racer habitat, and New England Cottontail habitat shall be protected to the extent required by MDIFW.

d.

Unless otherwise required by DEP or MDIFW, SES-LGs shall not be located within 250 feet of:

1.

Known or discovered Great Blue Heron colonies;

2.

Wetlands with documented use by ribbon snakes, Blanding's turtles, or spotted turtles; or

3.

Wetlands with confirmed or probable use by the ringed boghaunter dragonfly.

e.

SES-LGs shall not be allowed in Focus Areas of Statewide Ecological Significance as defined by the Maine Natural Areas Program, except for SES-LGs for which at least 90 percent of their total airspace projected over the ground would cover the following land within such focus areas:

1.

Land where significant grading has already been permitted and has occurred, such as a quarry;

2.

Land where development has already been permitted and has occurred, including, but not necessarily limited to, buildings, structures, parking lots, driveways, livestock corral areas, or other impervious areas to be redeveloped by the SES-LG; or

3.

A brownfield site that existed as of June 22, 2022.

f.

Without limiting the foregoing, impacts to sensitive wildlife habitats shall be avoided or minimized to the extent practicable

(6)

Ecological site maintenance. Native, pollinator-friendly seed mixtures shall be planted and maintained to the extent possible. Mowing shall be minimized to the extent practicable. Herbicide and pesticide use shall be prohibited. Only mechanical means of weed and pest control is allowed.

(7)

Archaeological resources. Sign-off by the state historic preservation commission regarding archaeological and historical resources shall be provided with all applications.

(8)

Utility connections. Overhead or pole-mounted electrical wires shall be avoided to the extent possible within the facility.

(9)

Signage. A sign identifying the owner of an SES-LG and providing a 24-hour emergency contact phone number shall be placed such that it is clearly visible at the entrance of the facility.

(10)

Fire safety. Knox Box access and adequate vehicle turnaround areas for emergency vehicles shall be provided.

(11)

Decommissioning and removal. All ground-mounted solar energy systems that have discontinued operation shall be removed. For the purpose of this paragraph, "discontinued operation" means that the system has operated at ten percent or less of its rated nameplate capacity for a continuous period of at least 12 months. The owner or operator shall physically remove the installation no more than 365 days after the date of discontinued operations. The owner or operator shall notify the code enforcement officer by certified mail of the proposed date of discontinued operations and plans for removal. At minimum, decommissioning shall consist of:

a.

Physical removal of all solar energy systems, structures, equipment, security barriers, and transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion. Native, pollinator-friendly seed mixtures shall be used to the maximum extent possible.

d.

For SES-LGs, in addition to the above requirements, decommissioning shall be consistent with the decommissioning plan required by section 33-191. Where there is a conflict between two requirements, the stricter shall control.

(T.M. of 6-14-2008; T.M. of 6-14-2022, art. 25; T.M. of 11-8-2022(2), art. 3)

(a)

Long-term affordability. For at least 30 years after the completion of construction of an affordable unit:

(1)

For rental housing, occupancy of the unit shall remain limited to households with income, at the time of initial occupancy, at or below 80 percent of the local area median income; and

(2)

For owner-occupied housing, occupancy of the unit shall remain limited to households with income, at the time of initial occupancy, at or below 80 percent of the local area median income.

(b)

Assurance of long-term affordability. The owner of an affordable housing development shall demonstrate compliance with subsection (a) through at least one of the following:

(1)

The development is required by the terms of a grant, loan, or other assistance from a federal or state governmental agency, whose purposes include the provision of affordable housing, to assure long-term affordability consistent with subsection (a).

(2)

The owner of the affordable housing development is a nonprofit or governmental agency, whose purposes include the provision of affordable housing, and provides supporting documentation for how they will comply with subsection (a), including, but not necessarily limited to, deed restrictions, financial agreements, or other appropriate legal and binding instruments.

(3)

Before a certificate of occupancy may be granted for any affordable unit, the owner of the affordable housing development provides an affordable housing covenant for the affordable unit that is:

a.

Consistent with subsection (a);

b.

Held by a qualified holder; and

c.

Recorded in the county registry of deeds.

(c)

Implementation plan. An application for an affordable housing development shall include an implementation plan describing how the affordable units will remain affordable consistent with this section.

(d)

Qualified holder.

(1)

An application for an affordable housing development that proposes to assure long-term affordability using a qualified holder pursuant to paragraph (b)(3) shall include a signed statement by the qualified holder that it will serve as the holder of the affordable housing covenant. The planning board may review the sufficiency of a nonprofit organization to serve as a qualified holder, including requesting a review and recommendation from the town's legal counsel and/or one or more third-party reviewers. The costs of any such review shall be borne by the applicant in accordance with section 33-128. If the planning board finds that there is substantial risk of the qualified holder's inability to enforce the affordable housing covenant, it may request that the applicant propose a new qualified holder. The lack of a sufficient qualified holder is grounds for disapproval of the project.

(2)

The owner of the affordable housing development shall notify the town whenever the qualified holder (if used) changes. A change of qualified holder does not, by itself, warrant planning board review. However, the town manager or code enforcement officer may review the new qualified holder as described in subsection (1). A review finding that there is substantial risk of the new qualified holder's inability to enforce the affordable housing covenant is grounds for a violation as described in subsection (i) below.

(3)

An affordable housing covenant applicable to any rental affordable unit shall include a written description of the mechanism by which the owner of the affordable housing development shall document annually to the qualified holder, town manager, code enforcement officer, and town planner, that the unit(s) has or have remained priced and, if occupied, actually rented at affordable levels consistent with subsection (a). Failure to make such annual documentation shall constitute a violation as described in subsection (i) below.

(e)

Deed restriction. Any affordable unit that is to be sold shall include a restriction in its deed that requires that the unit be kept affordable according to subsection (a).

(f)

Unit type variety. To promote a variety of affordable housing options in an affordable housing development for households of different sizes, at minimum:

(1)

Every third affordable unit shall have at least one separate bedroom.

(2)

Every sixth affordable unit shall have at least two separate bedrooms.

(3)

Every ninth affordable unit shall have at least three separate bedrooms.

(4)

As an illustrative example, if an affordable housing development has nine affordable units, it will be required to have at least one one-bedroom unit, at least one two-bedroom unit, and at least one three-bedroom unit. The remaining six affordable units can have any number of bedrooms or be studio or efficiency units.

(g)

Timing of unit occupancy. A certificate of occupancy may not be granted for the final market rate or market rent unit in an affordable housing development until certificates of occupancy have been granted for all affordable units in the development.

(h)

Prohibition on leasing, subletting, and short-term rentals.

(1)

Any person who owns or occupies an owner-occupied affordable unit shall not lease that unit to another person or entity, and they shall not otherwise earn rental income from the same unit.

(2)

Any person who rents or occupies a rental affordable unit shall not sublet that unit to another person or entity, and they shall not otherwise earn rental income from the same unit.

(3)

Affordable units shall not be short-term rentals.

(i)

Enforcement, violations, and penalties.

(1)

A qualified holder shall notify the town manager and code enforcement officer of any apparent or actual violation by the owner of the affordable housing development of the affordable housing covenant.

(2)

The code enforcement officer may issue warnings or violations, or seek other appropriate remedial action, to correct an apparent or actual violation of this section. An affordable housing covenant may include its own terms for enforcement, violations, and penalties, but it shall not supersede, nullify, or prevent any remedial action taken by the town under its authority in this Code.

(3)

Fines shall be set forth for violation of any of the provisions of this article; violators shall be punished by a civil penalty of not less than $50.00 and not more than $200.00 for each violation, plus attorneys' fees and costs, to be recovered on complaint, to the use of the town. If the town establishes an affordable housing reserve fund, all or part of the civil penalty amount collected may be placed in this fund. Each day a violation is committed, or permitted to continue, shall constitute a separate violation and shall be fined as such.

(T.M. of 11-7-2023(2), art. 15)

Assisted living and life care facilities must have or comply with the following:

(1)

Primary provision for food supply to all dwelling units shall be central dining and/or food delivery from an on-site food preparation center.

(2)

Emergency call system to a staffed central site from each dwelling unit.

(3)

Maintenance plan, which specifies the person(s) responsible for the maintenance of buildings and grounds and lists the facilities to be maintained.

(4)

Prohibit seasonal usage and sub-letting.

(5)

Maximum of two permanent occupants per dwelling unit.

(6)

Housekeeping services.

(T.M. of 6-19-01(art. 8))

The division of a tract or parcel of land into three or more lots within any five-year period will normally require subdivision review in accordance with chapter 41, with streets designed to subdivision standards. However, in non-subdivision situations, one or two new back lots may be created and used if they can be provided with an access way that connects with a "qualifying street," defined as either a public street or a privately owned street which meets the standards contained in chapter 37, streets and sidewalks. Back lots must meet the requirements contained in this section in addition to the other applicable requirements of the ordinances of the Town of Eliot. This section does not apply to lots within approved subdivisions, to lots that require subdivision approval or to lots in the C/I zone, where back lots are not allowed.

(a)

Access ways for back lots created after June 14, 2005.

(1)

Access ways for new back lots shall be at least 50 feet wide and include a traveled way that is graveled or paved and at least 15 feet wide. Additionally, the access way to the back lots must allow for upgrade of the access way to meet chapter 37 requirements for a minor street if additional back lots are created in the future. This paragraph does not apply to back lots where no further development is possible (see subsection (d) below).

(2)

Access ways for new back lots shall either be owned in fee by the owner of the back lots or dedicated by permanent easement to the use of the owners of the back lots and shall be maintained by the owners of the back lots.

(3)

If the access way to a new back lot is an easement, the following conditions must be met:

a.

The easement must be conveyed to the owner of the back lot by deed containing a metes and bounds description of the access way recorded in the York County Registry of Deeds and be a minimum of 50 feet in width.

b.

A copy of the deed shall be attached to any building permit application for construction on the back lot.

c.

The access way deed must be recorded in the York County Registry of Deeds at the time the back lot is first deeded out as a separate parcel.

d.

Creation of the access way to serve the back lots cannot create a non-conforming front lot by reducing such lot's required street frontage below the minimum required in the zoning district or reduce the frontage of a front lot which is already below the minimum required in the zoning district. The land over which the access way is placed shall not be counted toward meeting street frontage requirements for the front lot.

(b)

Frontage equivalent for back lots created after June 14, 2005. All new back lots must have at least one lot line which equals or exceeds the minimum street frontage requirement for the zoning district in which the lot is located. Such lot line may be any of the following, at the option of the landowner:

(1)

The lot line abutting the access way.

(2)

For first generation back lots, the lot line separating the back lot from the abutting front lot(s).

(3)

For second generation back lots and later generation back lots, the lot line separating the back lot from the abutting back lot(s) nearest to the first generation back lot.

(c)

Access way for more than two back lots created after June 14, 2005 considered a street.

(1)

If more than two new back lots will utilize an access way, the access way shall be considered a street and be subject to the requirements of the streets and sidewalks ordinance, chapter 37 as follows:

a.

The street may be a private street or it may be submitted to the town for acceptance as a public street. In either case, the street must meet all the requirements for a minor street as defined in chapter 37.

b.

At the option of the owner, a back lot may retain its status as a back lot or it may be treated as a front lot if it has sufficient frontage on the new street as required for the zoning district in which it is located.

c.

Any back lot landowner who creates later generation back lots such that the total number of back lots utilizing the original access way exceeds two is responsible for the cost of upgrading the original access way to the minimum requirements for a minor street as defined in chapter 37.

d.

An access way serving more than two back lots must be provided with a cul-de-sac turnaround at the end of the street as specified in chapter 37.

(d)

Exceptions for first and second generation back lots created after June 14, 2005 when further development is not possible. Where one or two new back lots are created and neither the back lot(s) nor any remaining land from which the back lot(s) were divided can be further divided due to the creation of a legally enforceable deed restriction, a conservation easement, or the physical configuration of the land, the following exception shall apply:

a.

The access way shall be at least 30 feet in width with a traveled way that is graveled, or paved, and at least 15 feet wide.

(e)

Treatment of existing legally non-conforming back lots and/or legally non-conforming access ways created prior to June 14, 2005.

(1)

Existing non-conforming back lots of record, accessible only by an existing non-conforming access way, may be built upon only if the following conditions are met:

a.

The access way is at least 30 feet in width with a traveled way that is graveled, or paved and at least 15 feet wide. The owners or residents of the back lots shall maintain access ways for existing back lots of record.

b.

The right of the back lot(s) to use the access way must be legally enforceable and must appear in a deed recorded in the York County Registry of Deeds.

c.

A copy of the deed, including a legal description of the access way shall be attached to any building permit application for construction on the back lot. If the deed description is not by metes and bounds, a separate metes and bounds description shall also be attached.

d.

One or two new back lots may be created from an existing non-conforming back lot and built upon provided that the portions of the access way that cross over or adjoin the existing legally non-conforming back lot(s) are at least 30 feet in width with a traveled way that is graveled, or paved and at least 15 feet wide. If more than two additional back lots are proposed to be created from an existing non-conforming back lot then the whole length of the access way to the legally non-conforming back lot must be upgraded to a 50-foot access way to the nearest qualifying street.

(f)

Lot size (All back lots). In order to obtain a building permit, any back lot shall have an area equal to or greater than the minimum lot size required for the zoning district in which it is located, unless it is a legally non-conforming lot of record. The computation of minimum lot size area shall not include any portion of the lot devoted to the access way.

(g)

Additional requirements for all back lots:

(1)

Back lot street numbering shall conform to the requirements of expanded 911.

(2)

All other dimensional requirements shall apply to back lots.

(3)

When an access way serves more than two back lots, the front lot shall use the access way as its driveway entrance if either (i) the access way is an easement or (ii) the street frontage of the front lot is located on a road functionally classified as an arterial or collector as defined in chapter 37, Streets and Sidewalks.

(4)

The issuance of building permits for back lots shall not imply the acceptance of any access ways to back lots for purposes of maintenance, improvements, snow removal, or other support by the Town of Eliot.

(5)

The distance between the closed end of a dead-end access way and the nearest nondead-end street shall not exceed 1,000 feet. That distance shall be measured using the dimensions of the access way, beginning at the outermost edge of the closed end and following centerlines to the nearest sideline (or extended sideline) of the nondead-end street, including any intervening streets or portions of streets that must be traversed to reach the nondead-end street.

(T.M. of 6-14-05)

A.

Purpose. The purpose of these provisions is to encourage the preservation of the rural character of Eliot by preserving undeveloped land, including farmland, forest land, wildlife habitats, and other undeveloped lands. This is done by allowing an innovative type of development which permits homes to be built on lots which are smaller than normally allowed, but requires undeveloped land to be preserved. open space development standards of this section shall be mandated in those parts of Eliot identified by the 2009 Comprehensive Plan and 2010 Open Space Plan, as high in conservation values, but shall be utilized at the discretion of the applicant elsewhere. The overall density of an open space development is no greater than a conventional subdivision development. In an open space development streets and utility lines are usually shorter, thus allowing development at a lower construction cost initially and lower maintenance costs in the future.

B.

Mandatory open space developments in the critical rural overlay. The adoption of this section shall establish a critical rural overlay on the official Eliot Zoning Map. Upon adoption of this section, all subdivision projects, located in the critical rural overlay, as designated in the Future Land Use Map of the Eliot Comprehensive Plan, adopted in 2009, which involve five lots or more within any ten-year period, shall be designed as open space subdivisions. All other subdivision projects may be designed as open space developments at the discretion of the applicant.

C.

Application procedure. In order for the applicant and the planning board to determine that the proposed open space development will not allow more dwelling units than a conventional development the applicant must either:

(1)

Submit two plans for the proposed development, one layout as a conventional development and the second as an open space development. Each lot in the conventional development must meet the minimum lot size and lot width requirements of section 45-405, have an area suitable for subsurface wastewater disposal according to the State of Maine Subsurface Wastewater Disposal Rules, and must exclude land which is undevelopable according to chapter 44. The number of lots in the open space development may in no case exceed the number of lots in the conventional development; or

(2)

Calculate the allowable number of lots by dividing the net residential acreage of the parcel of land by the minimum lot size of the district in which the development is located. The net residential acreage is calculated by taking the total area of the lot and subtracting, in order, the following:

(a)

Fifteen percent of the area of the parcel to account for roads and parking.

(b)

Portions of the lot which, because of existing land uses or lack of access, are isolated and undevelopable for building purposes or for use in common with the remainder of the lot, as determined by the planning board.

(c)

Portions of the lot shown to be in the floodway as designated in the flood boundary and floodway map prepared by the Federal Emergency Management Agency.

(d)

Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage, or subsoil conditions such as, but not limited to:

[1]

Slopes greater than 20 percent.

[2]

Organic soils.

[3]

Wetland soils.

[4]

Fifty percent of the poorly drained soils.

(e)

Portions of the parcel subject to a right-of-way.

(f)

Portions of the parcel located in the resource protection district.

(g)

Portions of the parcel covered by surface waters.

(h)

Portions of the parcel utilized for stormwater management facilities.

D.

Basic requirements for open space developments.

(1)

Open space developments must meet all requirements for a subdivision, the street acceptance requirements, and all other applicable town ordinances, including the applicable performance standards of this chapter and chapters 33, 37 and 41.

(2)

Each building must be an element of an overall plan for site development. The developer must specify the placement of buildings and the treatment of spaces, paths, roads, utility service, and parking, and in so doing must take into consideration all requirements of this section and of other relevant sections of this chapter and chapters 33, 37 and 41.

(3)

A high-intensity soil survey must be submitted. No building may be constructed on soil classified as being very poorly drained.

(4)

Except for in-ground homes, no building may be located or constructed on slopes steeper than 15 percent.

(5)

No building may be located or constructed within 100 feet of any water body or wetland.

(6)

No lot (or area of occupation, in the case of a condominium project) may be smaller in area than 20,000 square feet.

(7)

The total area of undeveloped land within the development must equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the district.

(8)

The minimum area of the undeveloped common land, outside of lots or areas reserved for housing, and outside of roads, shall be equal to at least 50 percent of the net residential acreage, as defined and calculated above.

(9)

The setback standards of the district in which the buildings are located apply.

(10)

No individual lot or dwelling unit may have direct vehicular access onto a public road existing at the time of development.

(11)

Shore frontage may not be reduced below the minimum normally required in the shoreland district.

(12)

Where an open space development abuts a body of water, a usable portion of the shoreline, as well as access to it, must be a part of the undeveloped land.

(13)

Buildings must be oriented with respect to scenic vistas, natural landscape features, topography, solar energy, and natural drainage areas, in accordance with an overall plan for site development.

(14)

The applicant must demonstrate the availability of water adequate for domestic purposes as well as for fire safety. The planning board may require the construction of storage ponds and dry hydrants. The location of all wells must be shown on the plan.

(15)

The location of subsurface wastewater disposal systems and an equivalent reserve area for replacement systems must be shown on the plan. The reserve areas must be restricted so as not to be built upon. The report of a licensed site evaluator must accompany the plan. If the subsurface disposal system is an engineered system, approval from the department of human services, division of health engineering, must be obtained prior to planning board approval.

(16)

Utilities must be installed underground wherever possible. Transformer boxes, pumping stations, and meters must be located so as not to be unsightly or hazardous to the public.

E.

Dedication and maintenance of the undeveloped land and any common facilities.

(1)

The undeveloped land is that area which is not included in the residential lots, which equals at least the total area by which all of the lots in the open space development are reduced below the normal minimum lot size in the district. There may be no further subdivision of the undeveloped land. This undeveloped land may be used only for agriculture, forestry, conservation, or noncommercial recreation. However, easements for public utilities, or structures accessory to noncommercial recreation, agriculture, or conservation, may be approved by the planning board.

(2)

The undeveloped land must be shown on the development plan and with appropriate notation on the face thereof to indicate:

(a)

That the undeveloped land may not be used for future building lots; and

(b)

The final disposition of the undeveloped land, which may be:

[1]

Dedicated to the town for acceptance;

[2]

Deeded to a land trust;

[3]

Retained by the applicant; or

[4]

Reserved for ownership by a homeowners' association made up of the owners of the lots in the open space development.

(c)

If any or all of the undeveloped land is to be reserved for use by the residents as in subsection E.(2)(b)[4] above:

[1]

A homeowners' association must be formed and the bylaws of the homeowners' association must specify maintenance responsibilities. The bylaws must be submitted to the planning board for its approval prior to approval of the development plan.

[2]

Covenants for mandatory membership in the association, setting forth the owners' rights and interest and privileges in the association and the undeveloped land, must be reviewed by the planning board and included in the deed for each lot.

[3]

The homeowners' association has the responsibility of maintaining the undeveloped land and any common facilities until accepted by the town.

[4]

The association must levy annual charges against all property owners to defray the expenses connected with the maintenance of the undeveloped land, other common and recreational facilities, and town assessments.

[5]

The developer must maintain control of the undeveloped land and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination is made by the planning board upon request of the homeowners' association or the developer.

(d)

If the undeveloped land is retained by the applicant, as in subsection E.(2)(b)[3] above:

[1]

The land may only be used for active agriculture or active forestry. The conditions of this use must be approved by the planning board and indicated on the development plan.

[2]

The development rights of the undeveloped land must be deeded to either the town or other entity approved by the planning board and may not be deeded back to the owner of the undeveloped land.

[3]

An area suitable for the noncommercial recreational use of the owners of the lots in the open space development must be reserved. This area must be either dedicated to the town or reserved for a homeowners' association as in subsection E.(2)(b)[4] above. This area must be equal in size to 2,500 square feet per lot in the open space development.

(e)

If the undeveloped land is deeded to a land trust as in subsection E.(2)(b)[2] above, the planning board must approve the land trust and the conditions of the deed.

(f)

If the undeveloped land is dedicated to the town as in subsection E.(2)(b)[1] above, the planning board, in consultation with the conservation commission, must approve the language of the dedication and the uses allowed in the undeveloped land.

F.

Buffering.

(1)

That portion of the open space development which abuts a street not in the open space development and along the exterior boundaries of the open space development must be designed as a continuous landscaped buffer area not less than 50 feet in width. This buffer area may contain no structures or streets other than the streets providing access to the open space development. The first 25 feet of the buffer strip, as measured from the exterior boundaries of the development, must contain natural vegetation.

(2)

Along those boundaries of the open space development abutting either an agriculture, timber harvesting, or earth removal (>100 cubic yards) use, as listed in the land use table in section 45-290 of this ordinance, the continuous landscaped buffer shall be not less than 150 feet in width. This buffer area may contain no structures or streets other than the streets providing access to the open space development. The first 25 feet of the buffer strip, as measured from the exterior boundaries of the development, must contain natural vegetation.

(T.M. of 6-18-2011(7))

(a)

Purpose. The purpose of this section is to prescribe specific land use standards for auto graveyards.

(b)

Applicability. The standards in this section are land use standards applicable to planning board approval. After planning board approval, before they may commence, auto graveyards also must have operating permits as required by article II of chapter 16.

(c)

Auto graveyard area. The site plan shall clearly show specific area(s) on the lot proposed for an auto graveyard.

(d)

Auto graveyard standards. Auto graveyards shall comply with the following land use standards:

(1)

All auto graveyards shall be kept entirely screened from ordinary view from any highway, street, town way, public way, or private right-of-way, and from neighboring residences, at all times by natural objects, plantings, or fences. Screening required by this paragraph shall be:

a.

At a height, density, and depth sufficient to accomplish complete screening from ordinary view;

b.

Well-constructed and properly maintained at a minimum height of six feet; and

c.

Placed outside of the right-of-way.

(2)

No portion of an auto graveyard may be located:

a.

Within 100 feet of the right-of-way of any highway, street, town way, public way, or private right-of-way.

b.

Within 300 feet of a residence, public building, public park, public playground, public bathing beach, school, church, or cemetery if it would be within ordinary view from said facility.

c.

Within 300 feet of a well that serves as a public or private water supply, excluding a private well that serves only the auto graveyard or the owner or operator's abutting residence. This prohibition does not apply to wells installed after an auto graveyard has received planning board approval or an operating permit under article II of chapter 16.

d.

Within 100 feet of a body of water or freshwater wetland, within a 100-year floodplain, or over a mapped sand and gravel aquifer, unless a note on the site plan indicates that such portion will not store any vehicles containing fluids, refrigerant, lubricants, batteries, mercury switches, or mercury-added lamps, and such a location is consistent with applicable provisions of chapter 44.

(3)

The perimeter of the auto graveyard shall be located as far from the lot lines as practical and shall comply with setback requirements specified in section 45-405.

(4)

The application and site plan shall identify how all fluids (including, but not limited to, engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel, and oil), batteries, tires, and lubricants will be properly handled in such a manner that they do not leak, flow, or discharge into or onto the ground or into a body of water.

(5)

The application shall include either:

a.

A notice of intent filed with the department of environmental protection to comply with the general permit provisions for stormwater discharges; or

b.

A determination from the department of environmental protection that a stormwater discharge permit is not required.

(6)

If more than 1,320 gallons of oils, including gasoline, diesel, heating and waste oil, are proposed to be stored on-site, the application shall include a spill prevention, control, and countermeasures plan.

(7)

The application shall include a statement of compliance with all applicable provisions of the automobile dealer or recycler licensing provisions of 29-A M.R.S.A. ch. 9, as may be amended, and a copy of the applicant's recycler license, or a statement that the applicant plans to seek only a limited-term operating permit under article II of chapter 16, conditioned upon the applicant's demonstrating compliance with the provisions of 29-A M.R.S.A. ch. 9, as may be amended, within 90 calendar days of the issuance of the limited-term permit.

(T.M. of 6-8-2021(2), art. 33)

(a)

Purpose. The purpose of this section is to prescribe land use standards for auto recycling operations of two different scales: as a principal use or as a limited use, according to their definitions in section 1-2.

(b)

Applicability. To determine what standards will apply, planning board applications shall clearly state the scale of the proposed auto recycling operation (principal or limited). The standards in this section are land use standards applicable to planning board approval. After planning board approval, before they may commence, auto recycling operations, principal, also must have operating permits as required by article II of chapter 16.

(c)

Recycling enclosure. The site plan shall clearly show any and all outdoor or indoor areas on the lot proposed to have auto recycling operations. For the purpose of this section, and consistent with the screening and size requirements herein, these areas will be collectively referred to as the "recycling enclosure".

(d)

Auto recycling operations, principal, standards. Auto recycling operations, principal, shall comply with the following land use standards:

(1)

No vehicles that have been rebuilt or repaired as part of the recycling process, are currently being recycled, or are being stored for future recycling, nor any parts thereof, shall be stored outside of the recycling enclosure.

(2)

The size of the recycling enclosure shall be no larger than 25 percent of the lot size or 10,000 square feet, whichever is less.

(3)

The perimeter of the recycling enclosure shall be located as far from the lot lines as practical and shall comply with setback requirements specified in section 45-405.

(4)

No portion of the recycling enclosure may be located:

a.

Within 100 feet of a body of water or freshwater wetland, within a 100-year floodplain, or over a mapped sand and gravel aquifer, unless a note on the site plan indicates that such portion will not store any vehicles containing fluids, refrigerant, batteries, mercury switches, or mercury-added lamps, and such a location is consistent with applicable provisions of chapter 44;

b.

Within 300 feet of a well that serves as a public or private water supply, excluding a private well that serves only the auto recycling operation or the owner or operator's abutting residence. This prohibition does not apply to wells installed after an auto recycling operation has received planning board approval or an operating permit under article II of chapter 16; or,

c.

Within 500 feet of the lot line of a school, church, cemetery, or public playground or park.

(5)

To visually screen the recycling enclosure, all auto recycling operations shall take place inside buildings on the lot or otherwise shall be kept entirely screened from ordinary view from any highway, street, town way, public way, or private right-of-way, and from neighboring residences, at all times by natural objects, plantings, or fences. Screening required by this paragraph shall be:

a.

At a height, density, and depth sufficient to accomplish complete screening from ordinary view;

b.

Well-constructed and properly maintained at a minimum height of six feet; and,

c.

Placed outside of the right-of-way.

(6)

No portable or fixed crushing machinery is allowed on the lot.

(7)

Any point of vehicle entry and egress to and from the recycling enclosure shall be fitted with an opaque visual screen gate or vehicle entry door, which is kept closed at all times except when entering or exiting with vehicles.

(8)

In addition to demonstrating compliance with the noise standards in section 45-407, the application and site plan shall also convey that all dismantling of motor vehicles with power tools shall take place within a building.

(9)

The application and site plan shall identify how all fluids, refrigerant, lubricants, batteries, mercury switches, mercury-added lamps, and tires will be removed and/or stored in compliance with the state department of environmental protection requirements where applicable.

(10)

The application shall include either:

a.

A notice of intent filed with the department of environmental protection to comply with the general permit provisions for stormwater discharges; or

b.

A determination from the department of environmental protection that a stormwater discharge permit is not required.

(11)

If more than 1,320 gallons of oils, including gasoline, diesel, heating and waste oil, are proposed to be stored on-site, the application shall include a spill prevention, control, and countermeasures plan.

(12)

The application shall include a statement of compliance with all applicable provisions of the automobile dealer or recycler licensing provisions of 29-A M.R.S.A. ch. 9, as may be amended, and a copy of the applicant's recycler license, or a statement that the applicant plans to seek only a limited-term operating permit under article II of chapter 16, conditioned upon the applicant's demonstrating compliance with the provisions of 29-A M.R.S.A. ch. 9, as may be amended, within 90 calendar days of the issuance of the limited-term permit.

(13)

Hours of operation shall be limited to 8:00 a.m. through 5:00 p.m., five days a week, Monday through Friday.

(e)

Auto recycling operations, limited, standards. Auto recycling operations, limited, shall comply with all the standards of auto recycling operations, principal, listed above, except as follows:

(1)

Auto recycling operations, limited, must be conducted incidental to an approved (state and/or local) auto repair garage or auto service station.

(2)

The size of the recycling enclosure shall be no larger than 25 percent of the lot size or 10,000 square feet, whichever is less.

(3)

No more than ten unregistered or uninspected automobiles (or parts which take up the same area as ten assembled automobiles) per acre may be allowed per lot.

(f)

All auto graveyards and auto recycling operations shall meet all applicable state requirements. If there is a conflict between this section and state requirements, the state requirements shall apply.

(T.M. of 6-8-2021(2), art. 33)

(a)

Purpose. The purpose of this section is to prescribe land use standards for auto hobbyist storage areas.

(b)

Applicability. The standards in this section are land use standards applicable to planning board approval. After planning board approval, before they may commence, auto hobbyists also must have operating permits as required by article II of chapter 16.

(c)

Auto hobbyist storage area. The site plan shall clearly show specific area(s) on the lot proposed for storage of auto hobbyist vehicles.

(d)

Auto hobbyist storage area standards. Auto hobbyist storage areas shall comply with the following land use standards:

(1)

An auto hobbyist storage area shall be kept entirely screened from ordinary view from any street, town way, public way, or private right-of-way, and from neighboring residences, at all times by natural objects, plantings, or fences. Screening required by this paragraph must be:

a.

At a height, density, and depth sufficient to accomplish complete screening from ordinary view;

b.

Well-constructed and properly maintained at a minimum height of six feet; and

c.

Placed outside of the right-of-way.

(2)

The application shall identify how all fluids, including, but not limited to, engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel and oil, will be properly handled in such a manner that they do not leak, flow or discharge into or onto the ground or into a body of water.

(3)

No portion of an auto hobbyist storage area may be located within 100 feet of a body of water or freshwater wetland, unless a note on the site plan indicates that such portion will not be used for storage or dismantling of any vehicles containing fluids.

(T.M. of 6-8-2021(2), art. 33)

State Law reference— 30-A M.R.S.A. § 3752(1)(A)(2).