An accessory use shall not include any use injurious or offensive to the neighborhood as initially determined by the Building Inspector.

Parking or storage for more than one commercial motor vehicle is specifically prohibited as an accessory use in the Farm and Forest and Residential Districts except as an accessory to a farm, truck garden, nursery, or home occupation approved under Section 19-54.

Garbage, rubbish or other wastes shall be dumped only in areas designated by the Town except that soil, gravel, rock or other material may be deposited for the purpose of regrading or landscaping.

Effective on: 12/9/2013

No vessel exceeding twenty-four (24) feet in length shall be stored or parked on any residential property unless the vessel is stored or parked so as not to violate the minimum front and side setbacks for structures and is not less than ten (10) feet from the rear lot line.

Effective on: 12/9/2013

1. a.
   No nonresidential structure shall be erected or any nonresidential use permitted in nonresidential districts unless a buffer strip at least seventy-five (75) feet wide is provided and maintained between any adjoining residential district and the nonresidential structure or use. Such buffer area shall be for the purpose of eliminating or minimizing any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Falmouth.  For the purposes of this Section 19-37, the term “nonresidential districts” refers to the VC1, VC2, VCC, MUC, VMU, and R1N Districts.
2. b.
   All buffer areas shall be developed and maintained within the 75 foot required setback except that no more than 45 feet shall be required for such purpose. The remaining setback area may be used for parking and loading.
3. c.
   In the R1N District, the buffer area shall include the following minimum amount of plantings per 100 linear feet of buffer: 15 canopy trees; 15 understory trees; 20 shrubs; and 20 evergreen trees.  The Planning Board may approve variations from these specific planting requirements where it can be demonstrated that alternative buffering methods will result in an equally effective or more effective buffer.

Effective on: 12/9/2013

1. a.
   To match actual demand for parking with supply the permitting authority shall determine the number of off-street parking spaces required. The number and proximity of on-street parking spaces shall be considered when determining the number of spaces required. The table below provides the minimum number of parking spaces required for the uses listed. Parking for uses not listed shall be determined by the permitting authority except that the permitting authority may not impose any parking requirements for accessory dwelling units and may not require more than two parking spaces for every three units in an Affordable Housing Development.
   
   ​​​​​The permitting authority may waive parking requirements if it is satisfactorily demonstrated by the applicant that there is adequate parking provided for the property without the addition of spaces as required in this section.  For purposes of this section the term independently accessible shall mean that each parking space shall be accessible for use without need for the removal of any other vehicle from any other approved parking space on the site.

2. b.
   Shared and off-site parking may be approved by the Planning Board provided the applicant provides evidence of legal rights to the parking in perpetuity. Off-site and shared parking shall be located within 1,300 feet, measured from a customer entrance, and be accessible by sidewalk or pathway.
3. c.
   A parking space shall measure at least nine (9) feet in width by eighteen (18) feet in length, exclusive of space required for access and maneuvering.
4. d.
   In any residential district, parking areas for non-residential uses shall be set back at least twenty-five (25) feet from any property line.
5. e.
   Parking Standards in the Retirement Community Overlay District: [Adopted 10/13/09]

Effective on: 7/11/2016

In connection with every building or group of buildings which is to be occupied by a non-residential use, loading areas shall be provided appropriate to the individual business as determined and approved by the Planning Board. The applicant shall provide documentation regarding the appropriate type of loading area required.

Effective on: 12/9/2013

1. Household pets are allowed in all districts. Animals kept for personal use or enjoyment not falling within the definitions of household pets, including but not limited to wild animals, horses, cattle, sheep, goats, swine, and poultry are permitted only in accordance with the provisions of this section.
2. Regulations for Animals Other Than Household Pets Kept for Personal Use or Enjoyment [Amended 10/27/08]:

3. The keeping of more than one horse or head of cattle shall require an additional 10,000 square feet per animal in addition to the minimum lot size.
4. Keeping of Poultry [Adopted 10/27/08; Amended 12/12/11]:
   1. General Restrictions
      1. No roosters shall be permitted in any district with the exception of Farm and Forest.
      2. No slaughtering shall be permitted in any district with the exception of Farm and Forest.
      3. Notwithstanding paragraph 19-40.b. above, no minimum lot size is required for the keeping of poultry.
   2. The following requirements shall be met for the keeping of poultry on lots less than 40,000 square feet in F, RB,  RD, HL, and VMU, and all lots regardless of size in RA and RC.
      1. Fencing for containing poultry and enclosed coops shall be setback a minimum of twenty (20) feet from all property lines.
      2. Poultry shall be contained by fencing or other suitable materials installed in such a manner and to a sufficient height to restrict poultry from leaving the area of containment.
      3. Enclosed coops, if utilized, shall not exceed one (1) in number, 100 gross square feet or 12 feet in height.
      4. Waste Storage and Removal - Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

Effective on: 1/11/2021

Effective on: 7/11/2016

​A multi family dwelling shall contain no more than six  dwelling units. On a site with more than one two family or multi family dwelling, each dwelling shall contain an average of four or fewer dwelling units. This provision shall not apply to dwellings in the R1N District.

Effective on: 7/11/2016

The following standards shall apply to the installation of any manufactured housing units on a residential lot:

1. The wheels, any undercarriage or transporter unit and the tongue shall be removed and the unit shall be placed on a permanent foundation.  Any element that is essential to the structural integrity of the unit is exempt.
2. The foundation shall comply with the requirements of the Town's building code for residential structures.  At a minimum the foundation shall consist of a four (4) foot frost wall completely surrounding the perimeter of the unit with a slab or crawl space.
3. The exterior plumbing shall comply with the Maine State Plumbing Code.
4. The exterior electrical connections shall comply with the National Electrical Code.
5. The unit shall be sited on the lot so that the acute angle between an imaginary line running parallel to the short axis of the unit, and a line parallel to a straight line connecting the intersections of the front lot line with the side lot lines, is not less than thirty (30) degrees.  This requirement shall not apply if the width of the front building face including the unit and any permanently attached additions is more than twenty-four (24) feet, or if minimum setback distances cannot be met upon impositions of this standard.

Effective on: 12/9/2013

1. A.
   Purpose.  The purpose of regulating signs is to promote and protect the public health, welfare and safety by regulating outdoor signs of all types; to protect property values, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community; to reduce driving distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right of way, curb the deterioration of natural beauty and community environment and to promote Falmouth as a distinctive community.
2. B.
   Sign Permits.  After the effective date of this ordinance and except as otherwise herein provided, no person shall erect or move any signs without first applying for and obtaining a sign permit.  Applications shall be on forms prescribed and provided by the town setting forth such information as may be required for a complete understanding of the proposed work.  Signs requiring an approval from the Planning Board or Community Development Director must in addition obtain a permit from the Code Enforcement Officer prior to installation. [Amended 1/24/11;7/24/17]

   1. 1.
      Signs permitted by the Code Enforcement Officer. [Adopted 1/24/11]

      1. a.
         [Repealed 05/30/12]
      2. b.
         Signs not otherwise requiring approval by the Planning Board or Community Development Director.
      3. c.
         Refacing of any existing sign in any district other than those listed in 3(c) below. [Adopted 5/30/12]
   2. 2.
      Signs requiring Planning Board Approval. [Adopted 1/24/11]- Submittal requirements shall include such information referenced in Sections 19-128.a (4) and 19-133.e. of this ordinance.

      1. a.
         Any new sign in excess of twenty (20) square feet of display area.[Amended 5/30/12]
      2. b.
         Any new sign located in R1N, OVRC, AVRC, CO, or any special district. [Amended 5/13/13; 8/26/13; 7/24/17]
   3. 3.
      Signs requiring approval by the Community Development Director or the Director’s designee. [Adopted 1/24/11] - Submittal requirements shall include the information referenced in Sections 19-128.a (4) and 19-133.e. and any other requirements as may be deemed necessary by staff for a complete understanding of the proposed work. 

      1. a.
         Replacement of signs equal to or less than twenty (20) square feet of display area in the R1N, VC1, VC2, VCC, CO, or any Special District. [Amended 5/13/13, 7/24/17]
      2. b.
         Replacement of signs equal to or less than twenty (20) square feet of display area  previously approved by the Planning Board. [Amended 7/24/17]
      3. c.
         Refacing of any existing sign in the R1N, VC1, VC2, VCC, CO or any Special District [Amended 5/13/13; 7/24/17]
      4. d.
         Any new sign equal to or less than twenty (20) square feet of display area in the VC1, VC2 and VCC Districts. [Added 8/26/13; 7/24/17]
   4. 4.
      Permit Fees.  No sign permit application shall be processed until the prescribed fee has been paid as established by the Town Council. [Amended 8/27/07;7/24/17]
3. C.
   General Safety Standards for Signs.  No sign, whether new or existing, shall be permitted that causes a sight, traffic, health or welfare hazard, or results in a nuisance, due to illumination, placement, display, or manner of construction.
4. D.
   Exemptions. [Amended 7/24/17]

   1. 1.
      Governmental signs erected and maintained for public safety and welfare or pursuant to and in discharge of any governmental function, or required by law, ordinance or governmental regulation.
   2. 2.
      Street numbers and addresses as assigned by the Town.
   3. 3.
      Street name signs as regulated under Chapter 7, Appendix 7-5, Subdivision Ordinance.
5. E.
   Design Guidelines. Any sign located in the R1N, MRSD, TWMP, WFC, CO, VMU, MUC or GR District shall comply with the applicable design guidelines as noted in the table below.

6. F.
   Measurement of Signs.

   1. 1.
      Sign Display Area.  Sign display area shall be measured as the square footage of the smallest rectangular area containing all letters, characters and numbers.  For freestanding signs where the two faces of the signs are not viewable at the same time, only one face shall constitute the display area.
   2. 2.
      Sign Height - Sign height shall be the height of the sign as measured from the average elevation of the original ground to the highest point of the sign supporting structure or sign display area.In cases where sign display area is incorporated into a fence or wall, the total sign height will be measured to the top of the sign display area.
   3. 3.
      Sign Length - Sign length shall be the horizontal dimension of the sign display area.

Effective on: 7/24/2017

The following provisions relating to permanent signs are applicable in all districts except where otherwise noted.  Signs within the VC Districts are regulated under Section 19-11.

1. ​Prohibited signs and sign components.
   1. No sign shall project over a public right of way.
   2. No off-premises signs, including official business directional signs as defined in 23 MRSA, subsection 1903, shall be constructed, erected, or maintained in any district, except as expressly permitted by the terms of this Ordinance. [Amended 5/30/12]
   3. No sign shall be erected in a floodplain.
   4. No portable or roof signs shall be permitted unless otherwise specified. [Amended 5/26/09]
   5. No sign shall have visible moving parts, blinking, moving or glaring illumination, or any part consisting of banners, pennants, ribbons, streamers, spinners or other similar devices.
   6. A string of lights shall not be used for the purpose of advertising or attracting attention unless as an integral part of a permitted sign.

2. Sign Materials - For signs in districts that are not governed by design guidelines, signs shall be made of natural materials such as stone, brick or wood or materials that mimic natural materials.
3. Directional Signs.  Directional signs are permitted where necessary for maintaining public safety on to and within the site.  The display area of a directional sign shall not exceed two square feet and free-standing signs shall not exceed four feet in height.  Content shall be limited to directional text such as "enter, "exit", "drive-thru" or the like. Logos are limited to twenty-five percent (25%) of the sign face. Signs shall be reviewed under Section 19-127 as part of Planning Board Site Plan review or Minor Site Plan Review as required.
4. Nonconforming Signs. Nonconforming signs may continue but may not be altered or relocated on the same premises without approval by the Board of Zoning Appeals as a conditional use.  Nonconforming signs located within the public right of way shall not be permitted to be relocated within the public right of way.  [Adopted 4/27/87]
5. Signs located in HT, VP and GC shall conform to the requirements in Section 19-11.5.9 for VC1.

Effective on: 7/24/2017

Effective on: 7/25/2017

Effective on: 7/25/2017

Effective on: 7/25/2017

Unless otherwise provided, free-standing signs shall conform to the following provisions with the exception of signs in  VC1, VC2 and VCC which are regulated under Sec. 19-11.5.9.

1. a.
   R1N District off-premise allowance.  Where access to a lot is provided by an off-site driveway, one sign may be placed off-site provided that the sign is wholly located within 80 feet of the intersection between each edge of the driveway and the front lot line of the lot on which the off-site driveway entrance is located.​
2. b.
   Sight Distance– The sign must be designed to provide adequate sight distance for exiting traffic as determined by the permitting authority.
3. c.
   Signs incorporated in a wall or fence. – Fences or walls may be utilized as a sign supporting structure, and are exempt from total sign height.  
4. d.
   Height to Width Ratio – All signs shall be oriented horizontally with a height equal to or less than the width.

Effective on: 7/24/2017

Wall signs shall conform to the following with the exception of VC1, VC2 and VCC which are governed by Sec. 19-11 5.9

1. a.
   No wall sign shall extend beyond a party wall separating occupancies.
2. b.
   Wall signs shall not project more than twelve inches beyond the roof edge or the face of the wall, awning or canopy to which they are mounted.
3. c.
   Maximum gross display area of all wall signs on any given wall shall not exceed ten (10%) percent of the wall area to which they are attached.

Effective on: 7/24/2017

Illumination of Signs shall meet the requirements of applicable design guidelines where required under Section 19-44 with the exception of VC1, VC2, GC, VP, HT and VCC, which are regulated under Sec. 19-11. In addition, the following restrictions shall apply.

1. a.
   Internal Illumination - Signs with internal illumination are permitted except in RA, RB, RC, RD, FF, HL, R1N, ESRD, RCOD, OVRC, AVRC and VMU.
2. b.
   External Illumination – Signs may be externally illuminated in any district provided light fixtures are shielded and no spill over occurs to the street or adjacent properties.

Effective on: 7/24/2017

1. a.
   No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height, as measured from the average finished grade within twenty (20) feet of the building.  This restriction shall not apply to farm buildings not used for human habitation, windmills, antennas, transmission towers, place of worship steeples, flagpoles, chimneys, skylights, and penthouses or other extensions for mechanical equipment. On public school campuses and in the MUC District, no building shall exceed three (3) stories or thirty-nine (39) feet so measured.  All three (3) story buildings shall be protected by an automatic fire suppression system in accordance with the Falmouth Building and Fire Safety Ordinance. [Amended 2/22/99; 3/9/26]
2. b.
   Notwithstanding any provision of paragraph (a) to the contrary, single family detached dwellings are not restricted by number of stories but may not exceed thirty-five (35) feet in height.  [Adopted 5/28/96]
3. c.
   The top floor of any building of gambrel or mansard roof design shall be considered a full story.

Effective on: 12/9/2013

1. a.
   The purpose of the Home Occupations provision is to permit the conduct of only those businesses which are reasonably compatible with the zoning districts in which they are located.  Home occupations are limited to those uses which may be conducted within a residential dwelling or accessory structure without substantially changing the appearance or condition of the residence or accessory structure.
   
   Business uses conducted wholly within a residence or accessory structure which are incidental to the residential use of the property and are of no impact to the surrounding properties are permitted as a matter of right if they conform with the following criteria:

   1. 1.
      are carried on only by a member or members of the family residing in the dwelling unit;
   2. 2.
      there is no exterior storage of materials or variation from the residential character of the principal building. 
   3. 3.
      there are no objectionable conditions such as noise, vibrations, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours;
   4. 4.
      there is no traffic generated by the home occupation.
   5. 5.
      the dwelling or accessory structure is not altered substantially to accommodate the home occupation; and
   6. 6.
      no more than one vehicle used primarily for the home occupation shall be kept on the property.
2. b.
   All other home occupations which are accessory to and compatible with a residential use, and located in a zoning district where home occupations are listed as a conditional use, may be permitted as a conditional use, if approved by the Board of Zoning Appeals after public hearing with due notice given, and if the home occupation conforms with the following criteria:

   1. 1.
      It does not materially injure the character or usefulness of the dwelling unit or accessory structure for normal residential purposes.
   2. 2.
      It is carried on wholly within the dwelling or accessory structure.
   3. 3.
      It is carried on primarily by a member or members of the family residing in the dwelling unit.  Not more than two persons other than family members residing in the dwelling unit shall be employed on the premise in connection with the home occupation.
   4. 4.
      There is no exterior storage of materials or variation from the residential character of the principal building.
   5. 5.
      Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours, shall not be permitted.
   6. 6.
      The traffic generated by such home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.
   7. 7.
      In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operating hours.
   8. 8.
      The home occupation may utilize:

      1. a.
         Not more than twenty (20%) percent of the dwelling unit floor area, provided that for the purposes of this calculation unfinished basement and attic spaces are not included.
      2. b.
         Unfinished attic and basement spaces.
      3. c.
         One accessory structure.  The floor area utilized in the accessory structure shall not exceed fifty (50%) percent of the total floor area of the dwelling unit as previously calculated

Effective on: 7/24/2017

Washing, lubricating, and major repairing of motor vehicles shall be performed inside enclosed buildings and all dispensing of fuels, lubricants, and fluids shall be done entirely on the property of the service station or garage.

Effective on: 12/9/2013

Junk yards, salvage operations, and automobile dismantling operations are expressly prohibited in the R1N, VC1, VC2, and VCC Districts. [Amended 5/13/13]

Effective on: 12/9/2013

All congregate housing facilities shall be serviced by public sewer and water systems with adequate capacities to handle the reasonably foreseeable needs of the development.

Effective on: 12/9/2013

A recreational vehicle may be stored or parked on a residential lot as an accessory use to a dwelling unit, subject to the following standards:

1. Location:
   1. It is located inside a garage or other structure; or
   2. It is located:
      1. No closer to the front lot line than the front building line of the principal structure or in compliance with the front setback requirement for the district; and
      2. In compliance with the side and rear setback requirements for the district; or
      3. At least ten (10) feet from side and rear property lines and, in the opinion of the Code Officer, adequately screened from neighboring residences by evergreens and other natural visual buffering materials
2. No recreational vehicle stored as an accessory use to a dwelling unit under this subsection shall be occupied during such storage;
3. Guests of residents of the Town of Falmouth who are traveling in or with a recreational vehicle may occupy that recreational vehicle on the land of said residents of Falmouth, but only on a completely temporary basis not to exceed seven (7) days in any ninety (90) day period.

Effective on: 12/9/2013

The Planning Board may approve the use of a fifty (50) foot private way to provide frontage and/or access to individual lots of land in accordance with the following provisions.  For the purpose of this Sec.19-60, the term "dwelling unit" shall not include accessory dwelling units:

1. A plan showing the private way shall be prepared by a registered land surveyor.  The plan shall be labeled "Plan of a Private Way" and shall provide an approval block for the signatures of the Planning Board members.  The plan shall delineate the proposed way and each of the lots and dwelling units to be served by the private way. The plan shall also include a road profile showing existing and proposed conditions.
2. A street plan, cross section, grading plan, drainage plan, and an erosion and sedimentation control plan meeting the requirements of Section 19-72 shall be submitted for each private way serving two (2) or more lots or two (2) or more dwelling units. Submissions of approved plans shall also meet the requirements of Section 19-128.a.5, Geographic Information System (GIS) Plan Submissions and Specifications. [Amended 9/22/03; 3/14/11]
3. The plan shall bear notes that the Town of Falmouth will not be responsible for the maintenance, repair, or plowing of the private way and that further lots or dwelling units utilizing the private way are prohibited without prior approval of the Falmouth Planning Board.
4. If the private way is to provide access to two (2) or more lots or to two (2) or more dwelling units, a maintenance agreement shall be required by the Planning Board and recorded in the Cumberland County Registry of Deeds.  The maintenance agreement shall specify the rights and responsibilities of each property owner with respect to the maintenance, repair and plowing of the private way.
5. The construction of private ways shall meet the following minimum standards:

*One turnout to provide space for 2 vehicles to pass shall be provided for every 500 feet of the private way.
Note 1 – The limitation on the length of a dead end shall not apply to private ways in the Resource Conservation Zoning Overlay District that serve only Country Estate lots. [Adopted 12/22/05]

6. The plan shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of the Planning Board approval.  If the plan is not recorded within this time period, the approval of the Planning Board shall be null and void.
7. In reviewing requests for approval of private ways under this subparagraph, the Planning Board shall apply such standards and criteria, and may impose such conditions, as are applicable to conditional uses under Sections 19-119 and 19-123 of this Ordinance.
8. The owner or owners shall convey to the Town an easement, described by metes and bounds, for sewer purposes over the entire right of way and shall record the easement in the Cumberland County Registry of Deeds.
9. After a private way plan has been approved by the Planning Board, no revisions shall be made to any plan, and no further lots or dwelling units shall be provided access by means of the private way without the prior approval of the Planning Board under this subsection.
10. At least five (5) days prior to commencing construction of the private way in accordance with the ordinance specifications and with adequate provision for storm drainage, the applicant shall pay an inspection fee as established by the Town Council.  Such fee shall be made payable by check to the Town of Falmouth, stating the purpose of the fee. [Amended, 7/23/01][Amended 8/27/07]
11. If the private way will serve two (2) or more Country Estate lots in the Resource Conservation Zoning Overlay District, the applicant shall submit a Site Inventory and Analysis Plan and documentation of the Four Step Design Process for the site as provided for in the Land Subdivision Ordinance.  [Adopted 12/22/05]
12. The Planning Board may contract with outside consultant and professional services to inspect premises and/or to review plans and application materials for the purpose of implementing this ordinance.  These professional services are to provide advice to the Planning Board.  The Board cannot be bound by any opinions rendered by such service providers.  Escrow fees as established by the Town Council shall be submitted and deposited in an escrow account established by the Town, which monies may be used by the Board to pay for professional reviews and advice related to the developer's application as it deems necessary.  The Board shall provide the applicant with notice of its intent to spend any portion of this account, which notice shall specify the purpose for the proposed expenditures.  If the Board expends the review escrow account prior to completing its review, the applicant shall replenish the review escrow to the original amount.  Those monies deposited by the developer and not spent by the Planning Board in the course of its review shall be returned to the developer within 30 days after a final decision has been rendered on the application.  [Adopted 05/13/2019; 07/25/2022]

Effective on: 7/25/2022

Extractive industries may be permitted by the Board of Zoning Appeals as a conditional use subject to the requirements of Section 19-119 and 19-123 and the specific requirements of this section.

1. Any extractive industry which requires a permit from the Maine Department of Environmental Protection under the Site Location of Development Act shall obtain written approval from the Department of Environmental Protection prior to filing an application with the Board of Zoning Appeals.
2. The Board of Zoning Appeals may require a performance guarantee in accordance with Section 11 of the Falmouth Subdivision Ordinance, sufficient to cover the cost of rehabilitation of the site at the conclusion of operations.
3. A buffer strip of not less than one hundred (100) feet shall be maintained between the location of any extraction of materials and all property lines.
4. All areas of standing water exceeding two (2) feet in depth shall be entirely enclosed by a fence.
5. No extraction of materials shall be permitted which creates a slope steeper than two (2) feet horizontal to one (1) foot vertical.
6. Operation of equipment and extraction of materials from the site shall be permitted only Monday through Friday between the hours of 7:30 a.m. and 5:30 p.m.
7. Suitable traffic control measures shall be made available by the operator at all access points to public streets.  Truck routes shall be restricted to collector and arterial streets, unless otherwise specified by the Board of Zoning Appeals.  All loads shall be covered or trimmed a minimum of three (3) inches below the edges of the sideboard of truck bodies to prevent spillage of materials being transported.
8. Upon cessation of the extraction of materials or upon the expiration of the Board of Zoning Appeals approval, the site shall be rehabilitated in accordance with a plan approved and endorsed by the Cumberland County Soil Conservation Service and approved by the Board of Zoning Appeals.

Effective on: 12/9/2013

1. All burial plots and structures used for interment, including mausoleums, vaults and columbarie shall be set back at least fifty (50) feet from all property lines.
2. A cemetery may be permitted as an accessory use to a place of worship, provided that the area of the cemetery does not exceed two (2) acres, that the fifty (50) foot setback requirement is met, and that the place of worship is located on a conforming lot.

Effective on: 12/9/2013

1. All outside play equipment shall meet the required front, side, and rear setback requirements.
2. Outside play areas shall be buffered from adjoining uses by appropriate fencing or plantings.
3. Day care centers may be permitted in a residential district on the same lot with a single family dwelling if the lot size meets the lot size requirement for a day care center.

Effective on: 12/9/2013

Light manufacturing shall conform to the following standards:

1. There shall be no exterior storage or assembly of materials or products.
2. There shall be no activity which is defined as a high hazard in the current BOCA Basic Building Code.
3. Noise inherently and recurrently generated shall not exceed 65 DBA between the hours of 7:00 a.m. and 7:00 p.m. and 55 DBA between the hours of 7:00 p.m. and 7:00 a.m. as measured at the property boundary using the A frequency weighting network and the fast response on a sound level meter manufactured according to standards prescribed by the American Standards Association.
4. No vibrations or odors shall be noticeable at the property line.  [Adopted 4/27/87]

Effective on: 12/9/2013

To regulate the location and erection of transmission towers in all districts in order to:

• minimize adverse visual effects of towers through careful design, siting, and vegetative screening; and
• avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.

1. All transmission towers in the Farm and Forest District, with the exception of amateur (ham) radio towers and municipal transmission towers, shall be located so that the tower base is at or above elevation four hundred (400') feet based on United States Geological Survey datum referred to mean sea level.  No transmission tower shall exceed two hundred (200') feet in height as measured from the tower base to the highest point of the tower and any attached receiving or transmitting device.
2. The tower base shall be set back from all property lines by a distance of one hundred (100%) percent of the total tower height, including any attached transmitting or receiving devices.  Accessory structures and guy wire anchors shall meet the minimum setback of the zoning district.
3. To ensure that towers have the least practicable adverse visual effect on the environment, towers that are 200 feet or less in height and are not subject to special painting or lighting standards of any federal agency shall have a galvanized finish or be painted in a skytone above the top of surrounding trees and shall be painted in an earthtone below treetop level.
4. Unless existing vegetation provides a buffer strip the width of the required setback as calculated in subsection b, the Board shall require that all property lines along roadways or visible to existing abutting or nearby buildings (within 1/4 mile radius) be landscaped as follows:
   1. With six to eight (6-8') foot evergreen shrubs planted in an alternate pattern, five (5') on center and within fifteen (15') feet of the site boundary.
   2. With at least one row of deciduous trees, not less than 2 1/2" to 3" caliper measured three (3') feet above grade, and spaced not more than twenty (20') feet apart and within twenty-five (25') feet of the site boundary.
   3. With at least one row of evergreen trees at least four to five (4-5') feet in height when planted, and spaced not more than fifteen (15') feet apart within forty (40') feet of the site boundary.
   4. In lieu of the foregoing, the Board may determine that the existing vegetation must be supplemented to meet an equivalent means of achieving the desired goal of minimizing the visual impact.  To assist in making that determination, the Board may require the applicant to provide a visual impact analysis by a qualified professional.
5. Accessory facilities in the Farm and Forest District may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmission signals.
6. Transmission towers erected after the effective date of this ordinance amendment shall meet all applicable requirements of federal and state regulations and shall be designed and installed in accordance with the standards of the Electronic Industries Association (EIA) Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.
7. Within twelve (12) months of the effective date of this ordinance amendment, all existing transmission towers shall be inspected and analyzed by a qualified professional engineer.  The engineer shall submit a letter of opinion under his seal to the Code Enforcement Officer (CEO) stating the condition of the tower, the maximum safe loading capacity, and steps that must be taken to correct any safety deficiencies.  Safety inspections of all existing and newly erected towers shall be conducted annually thereafter by the tower owner/operator, and an inspection checklist developed by the CEO shall be submitted for his review and approval.  Any structural alterations that may be necessary to increase the loading capacity or to bring a tower into compliance shall require conditional use approval of the Board of Zoning Appeals.
8. The provisions of this subsection 19-66 shall apply to all transmission towers existing in the Town on the date of enactment of the Personal Wireless Service Facilities Ordinance and shall continue to apply to such existing transmission towers notwithstanding the enactment of the Personal Wireless Service Facilities Ordinance.  No new transmission towers may be erected after enactment of the Personal Wireless Services Facilities Ordinance except in compliance with that ordinance. [Adopted, 4/25/05]

Effective on: 12/9/2013

Definition of Fill Material: Fill material shall mean clean soil material, rocks, bricks, and cured concrete, which are not mixed with other solid or liquid waste, and which are not derived from an ore mining activity.

The purpose of this provision is to control erosion, protect wetlands, minimize storm water runoff and minimize other nuisances associated with filling and other earth moving activities. It is intended that this provision shall apply to both approved construction for which a building permit has been issued, as well as activities that do not require a building permit.

1. The following guidelines shall govern the placement or removal of fill material in all districts: [Amended, 5/28/96]
   1. Normal excavation or removal of fill for which a building permit has been issued, no permit required
   2. 0 - 15 cubic yards, no permit required
   3. 16 - 1000 cubic yards, CEO permit required
   4. over 1000 cubic yards, Planning Board permit required
2. All activities regulated under this section shall implement erosion and sedimentation control measures as required in Section 19-72. [Amended 9/22/03]
3. Fill shall not be placed within ten (10) feet of drainage ways, streams or wetland areas without approval by the Planning Board.
4. Roadways and other public areas shall be kept clean of mud, dirt, debris or other material that may constitute a hazard or nuisance to the public.
5. Adequate traffic control shall be provided on public roadways to ensure safe access and passage during construction activities.
6. Submissions of approved plans shall also meet the requirements of Section 19-128.a.5, Geographic Information System (GIS) Plan Submissions and Specifications. [Adopted 3/14/11]
7. Prior to commencement of site work associated with a Planning Board permit issued under this Sec.19-67, the applicant shall pay an inspection fee as described on a fee schedule approved by Town Council order. [Adopted 7/25/22]

Effective on: 12/9/2013

The elderly deserve special consideration because of their unique physical, social, financial, and psychological needs.  The purpose of allowing elderly boarding care is to support the elderly by:

1. reducing the economic hardship which can accompany home ownership; and
2. providing alternatives to the isolation of living alone and to the impersonal aspects of institutionalization. 

At the same time, property values and the character of neighborhoods are protected by permitting only those housing options that are compatible with surrounding uses and do not overburden town services.

Each elderly boarding home must obtain conditional use approval and pass inspection by the Code Enforcement Officer for compliance with all relevant building codes.  In addition, proof of a current State license shall be required if the elderly boarding home is required to be licensed by the Maine Department of Human Services.

Effective on: 12/9/2013

1. a.
   Applicability - A development permit is required for the construction of new dwelling units as required below.
2. b.
   Legal authority - This section is adopted pursuant to Home Rule Powers as provided for in Article VIII-A of the Maine Constitution, 30-A M.R.S.A. §2101 et seq., and 30-A M.R.S.A. §4360. [Amended 4/28/03]​
3. c.
   Purpose - The purpose of this section is to:

   1. 1.
      Provide for the local housing needs of the Town's existing residents;
   2. 2.
      Plan for continued residential population growth of the Town at a rate that is compatible with the orderly and gradual expansion of community services, including education, fire and police protection, road maintenance, waste disposal, health services, etc;
   3. 3.
      Avoid a situation in which the rapid completion of major subdivisions, housing many families with school-age children, could outstrip the towns capability to expand its schools and other services soon enough to avoid serious overcrowding; and
   4. 4.
      Ensure fairness in the allocation of building permits.
4. d.
   Exemptions - The following are exempt from the provisions of this section:

   1. 1.
      The repair, replacement, reconstruction or alteration of any existing building or structure.
   2. 2.
      The construction of a nonresidential building or structure.
   3. 3.
      The construction of congregate housing, elderly boarding homes, and dwelling units located in a RCOD.[Amended 5/09/16]
   4. 4.
      The construction of any dwelling unit meeting the definition of affordable housing.
   5. 5.
       The construction of any dwelling unit in the VC Districts. [Adopted 5/13/13]
   6. 6.
      The construction of any dwelling unit in the portions of the R1N District located within the growth area.
   7. 7.
      The construction of any dwelling unit in the portions of the Tidewater Master Planned Development District located within the growth area.
   8. 8.
      The construction of any dwelling unit meeting the definition of housing for older persons. [Adopted 05/09/16]
5. e.
   Maximum rate of residential  growth - The maximum number of development permits issued in any calendar year shall be limited in the manner prescribed below:

   1. 1.
      ​Town Wide Growth Cap:

a)  No more than 56 development permits total for new single family detached dwelling units, two-family dwelling units or manufactured housing dwelling units combined.

b)  No more than 24 development permits for new multi-family dwelling units.

2. 2.
   ​Growth Cap applicable to Farm and Forest (FF) and Highland Lake (HL) Districts only:  No more than 20 development permits total for new single family detached dwelling units, two-family dwelling units or manufactured housing dwelling units combined.
3. 3.
   Growth Cap applicable to areas not within the Growth Area: No more than 50 development permits total for new single family detached dwelling units, two-family dwelling units, multi-family units, or manufactured housing dwelling units combined

6. f.
   Periodic review -This section shall be reviewed by the Town Council periodically (but not less frequently than once every three years), to ensure that the annual maximum growth rate has not become inconsistent with the Town’s capital improvement capability to establish or enlarge needed public facilities and services, and to be in compliance with Title 30-A M.R.S.A §4360. 
7. g.
   Issuance procedure - Development permits shall be issued in conjunction with a building permit and shall be reviewed in the order in which the development permits were received.
8. h.
   Transferability - A development permit shall be valid for construction of the associated dwelling unit at the time the permit is issued.  The development permit may be transferred to new owners of the unit if conveyed.

Effective on: 8/23/2021

[Adopted 12/18/01] [Amended 7/11/2011]

[Adopted 9/22/03]

Prior to the Town granting final approval of an affordable housing development, the Town shall ensure that any such approval is conditioned upon the owner of the affordable housing development being required to execute a restrictive covenant, recorded in the registry of deeds, for the benefit of and enforceable by a party acceptable to the Town, to ensure that for at least 30 years after completion of construction:

1. A.
   For rental housing, occupancy of all of the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
2. B.
   For owned housing, occupancy of all of the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.

Affordable Housing Development Density Bonus [3/9/26]

The maximum residential density for Affordable Housing Developments in the MUC and BP Districts shall be 2 ½ times the maximum residential density that is otherwise allowed for residential development in the zoning district provided that the Affordable Housing Development is either located in the Town’s growth area or is served by public water and public sewer.

Effective on: 12/9/2013

Personal Use Airstrips shall meet the following standards and limitations:

1. The airstrip surface shall be limited to grass only and there shall be no exposed gravel or paving.
2. The maximum length shall be two thousand three hundred feet (2300’).
3. The edges of the airstrip shall be located at least two hundred and fifty feet (250’) from any abutting property line.
4. Planes using the airstrip shall be limited to visual flight operations and shall only operate between 7 a.m. and 9 p.m.
5. There shall be no lighting of the landing strip or any control tower, except for low-intensity landscape lighting utilized to identify the perimeter of the landing strip, and which is activated only for approach and take-off.
6. The airstrip shall not be used for any commercial purposes such as, without limitation, sky-diving, flying lessons, rental of landing rights, or commercial maintenance or repair of aircraft. The airstrip shall not be permitted to be used as a base for sky-diving, either personal or commercial.
7. There shall be no more than one airstrip per property. The airstrip may not serve more than one lot nor shall deeded rights be granted in that airstrip to others.
8. The personal use airstrip may be used for “fly-ins” only with the approval of the Town Council and with such reasonable conditions as the Town Council may impose.

Effective on: 12/9/2013

The Planning Board may approve the use of a private access drive to provide access to Country Estate lots in the Resource Conservation Zoning Overlay District in accordance with the following provisions:

1. a.
   A private access drive may be used to provide access to not more than three (3) Country Estate lots, and not more than three (3) dwelling units, in the Resource Conservation Zoning Overlay District. [Amended 12/11/23]
2. b.
   The private access drive shall be located in a deeded right-of-way or easement with a width of not less than twenty-five (25) feet. The right-of-way or easement may be part of one or more of the lots but the area within the right-of-way or easement shall not be counted toward meeting the minimum lot area or minimum net residential area requirement for the lot(s).
3. c.
   The private access drive shall meet the design and construction requirements for private ways set forth in Section 19-60, except that private access drives serving Country Estate lots shall not be subject to the dead end length limitations and no sewer easement will be required by the Town. The width of the right of way shall be as indicated in subsection b. above.

Effective on: 12/9/2013

Sec. 19-34.1 Roadside Stands [Adopted 02/27/12][Amended 7/10/17;7/24/17]

1. Approvals required.
   1. Individual Roadside stand. Roadside stands as a stand alone accessory use are exempt from Div. II-19-1-9, Planning Board Site Plan Review. The Board of Zoning Appeals may permit a roadside stand as a Conditional Use. In addition to meeting the standards in Sections 19-119 and 19-123, roadside stands shall meet the following requirements and be shown on a scaled drawing of the lot and building elevation plan submitted as part of a Conditional Use Application. 
   2. Roadside Stands as part of a development requiring Planning Board Site Plan Review.  Planning Board Site Plan Review is required for roadside stands that are proposed in conjunction with other uses that require Site Plan Review under Div. II-9-1-9. These stands are considered permitted uses and do not require a Conditional Use approval by the Board of Zoning Appeals.
2. Outdoor display area in conjunction with a roadside stand is permitted and shall be limited to 200 gross square feet.
3. Minimum of three parking spaces shall be provided meeting the ordinance requirements under Div. II-19-1-5, with the exception of Section 19-38.g.
4. Products sold are limited to:
   1. Local home prepared foods,
   2. Local farm and food products, and
   3. Products registered as Maine Made by the Maine Department of Economic and Community Development
5. Roadside stands shall only be located on lots that have a minimum of 125 feet of lot width and are at least twenty thousand (20,000) square feet in size.
6. Minimum setbacks for all improvements related to a roadside stand – Roadside stands are exempt from setback requirements elsewhere in this ordinance.
   1. Front - 10 feet from the front lot line
   2. Side - 50 feet from the side lot lines, and
   3. Rear - 40 feet from the rear lot line.
7. Conversion of roadside stands to another use is permitted only if all appropriate setbacks are met.
8. Maximum floor area
   1. FF District
      1. Accessory to a primary residential use- 400 gross square feet
      2. Accessory to a primary farm use - 800 gross square feet
   2. All other Districts where permitted - 300 gross square feet
9.  Building height
   1. New Buildings - one story and 24 feet.
   2. Notwithstanding paragraph a. above, roadside stands may utilize existing structures on the property.

Effective on: 7/24/2017

Sec. 19-55.1 General [Amended 07/11/16; 12/11/23]

The purpose of Accessory Dwelling Units, which include Accessory Apartments and Accessory Cottages, is to provide a diversity of housing for town residents while protecting the single family character of residential neighborhoods.  The following provisions apply:   

1. a.
   Only one Accessory Dwelling Unit shall be permitted per single family dwelling. The Accessory Dwelling Unit and the single-family dwelling to which it is accessory must be held in the same ownership.
2. b.
    An Accessory Dwelling Unit shall have a minimum gross floor area or 190 square feet.  An Accessory Dwelling Unit shall not exceed 100% of the gross floor area of the single family dwelling to which it is accessory, not including garages, porches, decks or unfinished areas, or 850 square feet of gross floor area, whichever is less.
3. c.
   The single family dwelling unit in which an Accessory Apartment is located shall have only one main entrance and all other entrances shall appear subordinate to the main entrance.  An entrance leading to a foyer with entrances leading from the foyer to the two dwelling units is permitted.
4. d.
   Accessory Dwelling Units are exempt from the density and net residential area requirements of Sec. 19-64 and are exempt from all requirements related to lot area in Div. II-19-1-3.

Effective on: 7/11/2016

Sec. 19-55.2 Accessory Apartments [Repealed 07/11/2016]

Effective on: 7/11/2016

Sec. 19-55.3 Accessory  Cottages [Repealed 07/11/2016]

Effective on: 7/11/2016

Sec. 19-64.1 Net Residential Area and Maximum Residential Density.  [Amended 7/11/16, 11/14/16]

The maximum number of dwelling units for projects requiring Planning Board review shall be the quotient of the net residential area for the development site divided by the maximum residential density allowance as stated in the zoning district dimensional table. Net residential area shall be determined by subtracting from the gross acreage the following: 

1. 10% for roads and parking.
2. Land which is cut off from the main parcel by a road, existing land uses, or where no means of access has been provided, so that it is isolated and unavailable for building purposes or for common use.
3. Land shown to be in the flood way or coastal high hazard area on the Flood Boundary of Flood Insurance Rate Maps of the Town of Falmouth.
4. Other land which is unsuitable for development in its natural state because of topography, drainage, or subsoil conditions. Specific conditions include but are not limited to:
   1. Areas having sustained slopes in excess of twenty-five (25%) percent or unstable soils subject to slumping, mass movement, or accelerated erosion.
   2. Areas classified as wetlands by state or federal law. [Amended 8/26/96]
   3. Areas characterized predominately by "coastal wetlands" as that term is defined in 38 M.R.S.A. subsection 472(2). [Amended 12/22/86]
5. Land in rights-of-way or easements.
6. Land in Resource Protection Districts.

Effective on: 11/14/2016

Sec. 19-64.2 Minimum Net Residential Area Per Lot [Adopted 8/26/96] [Amended 7/24/2000; 12/22/05; 1/24/11; 3/14/11; 7/11/2011; 3/27/16; 7/11/2016; 11/14/16, 5/29/19]

Any residential lot created after August 26, 1996 must meet the following lot area requirements:

1. After deducting land that falls within the categories in Section 19-64.1.b through f, the lot area equals at least the following square footage per dwelling unit:
   1. RA – 15,000¹
   2. RB -  10,000
   3. RC -  30,000
   4. RD - 15,000
   5. HL - 20,000
   6. FF – 40,000
   7. VMU – with sewer 5,000, without sewer 10,000 
   8. MUC – with sewer 7,500, without sewer 15,000

¹ Notwithstanding the provisions of 1 M.R.S. §302, the amendments passed in Ordinance No. 127-2019 (effective 5/29/2019) shall apply retroactively and shall govern any and all actions, proceedings, and applications pending on or at any time after May 3, 2019 to the extent permitted by law.  Notwithstanding any other provision of this Ordinance, any lot created on or after May 3, 2019 must conform with the requirements of these ordinance amendments and any such lot that does not conform thereto shall not be deemed a legally nonconforming lot with respect to such requirements.

2. Lots created in the RCZO under Section 19-18.5 D. shall have at least 50% of the total lot area consist of land that does not fall within the categories in Sections 19-64.1 b through f or else meet the requirements of Section 19-64.2 A.
3. For residential planned developments, at least seventy-five (75%) percent of any lot shall consist of land that does not fall within the categories of Section 19-64.1. b through f. 
4. Notwithstanding subsections A, B, and C above, lots created prior to August 26, 1996 and altered in either of the following ways shall not be considered new lots for purposes of this section:
   1. subsequently divided if the division is for purposes of conveyance to a governmental or non-profit agency for the sole purpose of protecting natural resources in perpetuity or providing public access to protected natural resource areas; or
   2. encumbered with an easement or other legal instrument  held by a governmental or non–profit agency for the purposes of protecting natural resources in perpetuity or providing public access to protected natural resource areas. 

Effective on: 3/27/2017

Sec. 19-70.1 Purpose

The purpose of these requirements is to ensure that existing and new plant materials that are incorporated into new development achieve optimal growth, overall health, and their intended environmental and aesthetic function in spite of the often harsh conditions created by development.

Effective on: 12/9/2013

Sec. 19-70.2 Applicability

The requirements of this section apply to plant materials regulated by Shoreland Zoning Permits, Phosphorus Control Permits, Site Plans, and Subdivision Plans prepared in accordance with the following Town ordinances:

1. 1.
   Buffers in Section 19-18 (Resource Conservation Overlay District)
2. 2.
   Section 19-15(6) (Landscaped Border Strips)
3. 3.
   Phosphorus control buffers in Section 19-22.4 (Highland Lake Conservation Overlay District)
4. 4.
   Clearing of Vegetation for Approved Construction and Other Uses in Section 19-96 (Shoreland Zoning)
5. 5.
   Section 19-150 (General Buffer Standards)
6. 6.
   Section 19-37 (Buffers)
7. 7.
   Section 19-11.5.1 (Performance Standards for the VC Districts) [Amended 5/13/13]
8. 8.
   Section 19-153 (Special Landscape and Buffer Requirements in the CO and R1N Districts)
9. 9.
   Section 19-154 (Other Landscaping Requirements)
10. 10.
    Appendix 7-1 H. of the Subdivision Ordinance (Landscape Requirements)
11. 11.
    Section III, Landscape Design (Village Center Design Guidelines)
12. 12.
    Section IV, Landscape Design (West Falmouth Crossing Design Guidelines)

Effective on: 12/9/2013

Sec. 19-70.3 Landscape Architect Required

The owner of the project shall retain the services of a landscape architect registered in Maine and familiar with local growing conditions, in order to consult with the Town on design issues, prepare landscape plans and specifications, and perform inspections of newly installed plant material. The Town may waive this requirement on projects that are small or lacking in complexity.

Effective on: 12/9/2013

Sec. 19-70.4 Preservation of Existing Plant Materials

1. Trees that are to be preserved under the terms of the ordinances listed in Section 19-70.2 shall be protected from the adverse impacts of new development due to the following causes:
   1. Cutting or removal of trees;
   2. Damage to trunks, branches, leaves, and bark;
   3. Excavation of soil, changes of grade, or the cutting of roots;
   4. Storage of soil, building materials, construction equipment, or any other materials of any kind on the ground surface; and,
   5. Soil erosion and sedimentation.
2. The protected tree and root zone area shall include the following:
   1. For individual trees: the area defined by the drip line of the crown, or, one and a half feet radius from the tree trunk for every one inch of caliper, whichever is greater;
   2. For groups of trees, hedges, and forestland: the area defined by the drip line of all the trees in the group.
3. In order to allow the efficient layout of buildings, utilities, and other structures, the protected tree and root zone area for an individual tree may be reduced to a radius of one foot for every one inch of caliper, so long as the preserved area is reduced by no more than 30%, and means are taken to compensate for the loss of roots through fertilizing, proper root pruning, and other means as necessary. Root pruning shall result in clean cuts without tearing, splitting, or cracking of remaining root tissues. The Town may require that root pruning be performed by a licensed arborist.
4. A tree and root zone protective barrier shall be installed around the perimeter of all groups of trees and individual trees to be preserved prior to site clearing and the commencement of construction. The protective barrier shall consist of snow fencing attached to posts no less than 10 feet apart, unless an alternative barrier is approved by the Town. The Town shall approve the location and type of all tree and root zone protective barriers prior to site clearing. The tree and root protective barriers shall be maintained until construction is complete. Tree and root protective barriers shall not be removed until approved by the Town.
5. If, during site clearing or the construction period, trees within a protected area are removed, or if they are damaged to such an extent that they must be removed for safety reasons or because they have a poor chance of recovery, then the trees shall be replaced according to a restoration plan as determined by the Town. The restoration plan shall attempt to restore the environmental and visual benefits of the trees that have been removed to the greatest extent practicable, while taking into account the following factors:
   1. The need to protect sites with that are environmentally sensitive, such as steep slopes and buffers next to wetlands, streams, and waterbodies;
   2. The visual impact of the planting relative to the intent of the Town design standards for screening between different land uses, definition of space, and complementing architectural elements in the landscape;
   3. The environmental benefit of the plantings relative to ameliorating dust, noise, glare, heat, wind and other harsh conditions created by development;
   4. The need for shade;
   5. The space available for new plantings;
   6. The quality of the soil and drainage conditions.
6. The owner shall pay for all costs associated with the site analysis, planning, and restoration of the damaged area.

6. On plans submitted for approval, groups of trees and individual trees to be preserved shall be identified with lines and shading that clearly distinguishes these areas from other information appearing on the documents. The plans shall indicate in bold text that the group of trees or the individual tree is not to be disturbed.

Effective on: 12/9/2013

Sec. 19-70.5 Consultations Regarding the Use of Plant Materials in Design

1. The owner’s landscape architect shall consult with the Town in order to properly interpret the design intent of the ordinances. The consultation process shall consist of one or all of the following steps, depending on the size and complexity of the project:
   1. A meeting prior to submission of sketch plans, in order to determine the potential impact of the project on existing plant materials and to discuss the role of new plant materials in landscape design according ordinance standards;
   2. One or more meetings during the submission of preliminary and final plans, in order to refine issues of potential misunderstanding and conflict between Town standards and the plans submitted for approval;
   3. A meeting on site prior to site clearing and construction in order to approve the protection of existing plant materials;
   4. One or more meetings during or after construction to ensure that plant materials are installed according to approved plans.
2. The Town may waive the consultation requirement on projects that are small, that lack complexity, or in instances where the Town has waived the requirement that the owner retain the services of a landscape architect.

Effective on: 12/9/2013

Sec. 19-70.6 Plant Maintenance

1. The owner’s landscape architect shall prepare a written narrative that describes who shall maintain the plant materials and what their maintenance responsibilities are according to the following schedule:
   1. During the installation period until acceptance by the owner;
   2. During the guarantee period that begins from the date of acceptance by the owner;
   3. After the guarantee period.
2. The responsibilities to be assigned during each of the phases described in Paragraph A shall include, but are not limited to, the following:
   1. Protection of trees and shrubs from physical damage due to activities on the site, such as construction, storage of building materials, snow storage, and parking;
   2. Watering, fertilizing, and mulching of trees and shrubs;
   3. Removal of staking and guy wires;
   4. Erosion and sedimentation control;
   5. Mowing, aerating, fertilizing, liming, and raking leaves on lawns;
   6. Insect control;
   7. Replacement of dead, diseased, or damaged trees, shrubs, and lawns.
3. The plant materials shown on approved plans are a permanent part of plan approval. If plants die, or they do not provide the proper level of screening specified in the ordinance, then they must be replaced or reinforced with additional material. This responsibility continues after the construction period is complete and passes on to new owners of the property.
4. The Town may waive the requirement for a written narrative on projects that are small or lacking in complexity, but it shall not waive the requirement that plant materials be maintained.

Effective on: 12/9/2013

Sec. 19-70.7 Inspections and Reports

1. The owner’s landscape architect shall perform inspections and submit reports that verify that the work conforms to approved plans and specifications. The following reports are required:
   1. Verification that trees, shrubs, and lawns and their installation conform to approved plans and specifications;
   2. Notification that the owner has accepted plant materials and landscaped areas, and copies of the field reports that were used by the owner to justify acceptance;
   3. Description of any changes in the design of plant materials or landscape elements that are significantly different from those shown on approved plans and specifications.
2. The Town’s inspection shall be based on satisfactory reports submitted by the owner’s landscape architect.
3. The Town may waive the requirement for inspections and reports on projects that are small, that lack complexity, or in instances where the Town has waived the requirement that the owner retain the services of a landscape architect.

Effective on: 12/9/2013

Sec. 19-71.1 Purpose

The purpose of these requirements is to protect water quality, aquatic life, and wildlife habitat in and adjacent to streams, ponds and wetlands town-wide, and, to protect private and public property from flooding and poor drainage conditions caused by locating buildings in or close to these areas. The regulations are intended to protect natural resource areas that are not currently covered by Shoreland Zoning and the Highland Lake Conservation Overlay District.

The regulations distinguish between high and low value wetlands. High value wetlands generally have surface water for a prolonged period during the growing season, or, they are located in close proximity to other wetlands, ponds and streams. These are the two most important factors in determining how well a wetland functions in terms of providing benefits to the community. Although the absence of surface water or their location makes low value wetlands less beneficial, the Town is interested in these areas because their poor drainage conditions pose a hazard for development.

Effective on: 12/9/2013

Sec. 19-71.2 Applicability [Amended 1/22/2024]

1. A.
   The requirements of this section 19-71 apply only to the construction of:

   1. 1.
      new single family detached dwellings, and their accessory structures and lawns, when constructed:

      1. a.
         upon lots created after 12/18/2001;
      2. b.
         upon lots where a single family detached dwelling has previously been constructed or upon lots where a building permit for a single family detached dwelling has previously been issued and has not expired.
   2. 2.
      new two-family dwellings and their accessory structures and lawns when constructed:

      1. a.
         upon lots created after 12/18/2001 in the RC and Farm and Forest Districts;
      2. b.
         upon lots created after 1/22/2024 in all other zoning districts.
   3. 3.
      new single family detached dwellings, new two-family dwellings, and new multi-family dwellings, and their accessory structures and lawns, approved by the Planning Board after 1/22/2024.
2. B.
   Additional applicability to certain existing dwellings: Where new dwellings regulated under this Section 19-71 are proposed to be constructed on the same lot as an existing dwelling not otherwise regulated under this Section 19-71, any such existing dwellings and their accessory structures and lawns shall become subject to the buffer requirements of this Section 19-71 except that, notwithstanding Section 19-71.4.A, a cleared opening extending up to, but no more than, a distance of 25 feet from any existing dwellings and their accessory structures may be maintained.  For the purpose of this Section 19-71.2.B, the term "accessory structure" shall include existing subsurface wastewater disposal systems. 
3. C.
   In the event that the requirements of this section overlap the requirements of Shoreland Zoning or the Highland Lake Conservation Overlay District, the requirements of Shoreland Zoning or the Highland Lake Conservation Overlay District shall apply.
4. D.
   Notwithstanding subsections A and B above, lots created prior to December 18, 2001 and altered in either of the following ways shall not be considered new lots for purposes of this section:[Added 7/11/11]

   1. 1.
      subsequently divided if the division is for purposes of conveyance to a governmental or non-profit agency for the sole purpose of protecting natural resources in perpetuity or providing public access to protected natural resource areas; or
   2. 2.
      encumbered with an easement or other legal instrument held by a governmental or non–profit agency for the purposes of protecting natural resources in perpetuity or providing public access to protected natural resource areas.

Effective on: 12/9/2013

Sec. 19-71.3 Protected Resources

1. Stream. A “river, stream, or brook” as defined by the Maine Natural Resources Protection Act.
2. Pond. A naturally occurring inland body of water, but not including great ponds as defined by the Maine Natural Resources Protection Act.
3. Vernal Pool. A naturally occurring temporary to permanent inland body of water that forms in a shallow depression and typically fills during the spring or fall and may dry during the summer. The vernal pool contains no viable populations of predatory fish, and it provides the primary breeding habitat for wood frogs, spotted salamanders, blue-spotted salamanders and fairy shrimp. The presence of any one or more of these species is usually conclusive evidence of a vernal pool. Only vernal pools that have been mapped or identified by a governmental agency prior to project approval shall be considered as being within this definition.
4. Floodplain. The area adjacent to a stream or pond that is inundated during a 100-year flood event, as indicated on flood insurance maps of the Federal Emergency Management Agency, or by field indicators such alluvial deposits, scoured soils, silt-covered leaves and vegetation, water-borne debris, topography, and other site-specific evidence, or by a flood elevation analysis of a qualified professional.
5. High Value Wetland. A freshwater wetland, as defined by the Maine Natural Resources Protection Act, which meets one or more of the following criteria:
   1. Contains a pond or a vernal pool;
   2. Lies within the floodplain of a stream or a pond;
   3. The soils are very poorly drained as defined by the USDA Natural Resources Conservation Service;
   4. More than 50% of the dominant species in all strata of the vegetation consist of facultative wetland (FACW) or obligate wetland (OBL) plant species, as listed in the National List of Plant Species that Occur in Wetlands, by the U.S. Fish and Wildlife Service, latest edition.
6. Low Value Wetland. A freshwater wetland, as defined by the Maine Natural Resources Protection Act, which does not meet the criteria of a high value wetland.

Effective on: 12/9/2013

Sec. 19-71.4 Buffers and Setbacks Required

1. A buffer consisting of natural forestland not less than 50 feet wide shall be left undisturbed between streams, floodplains, ponds, vernal pools, and high value wetlands and all areas cleared for development, including, but not limited to, lawns, gardens, landscaped plant beds, driveways, parking lots, buildings, and other structures.
2. No structure shall be located closer than 75 feet from streams, floodplains, ponds, vernal pools, and high value wetlands.
3. No structure shall be located closer than 50 feet from low value wetlands greater than 4,000 square feet in total area.
4. Buffers and setbacks shall be measured as follows:
   1. Streams: from the edge of the stream channel, or from the edge of the floodplain adjacent to the stream if one is present;
   2. Floodplains: from the limit of the area inundated by floodwater;
   3. Ponds and vernal pools: from the high water mark, or from the upland edge of the wetland adjacent to the pond or pool is one is present;
   4. Wetlands: from the upland edge of the wetland.
   5. Where uncertainty exists as to the precise boundaries of protected resources for the purposes of establishing buffers and setbacks, the Planning Board shall be the final authority as to location. In making determinations, the Planning Board may require applicants to file plans drawn and approved by qualified professionals and may consider the advice of state and federal agencies and peer reviewers.

Effective on: 12/9/2013

Sec. 19-71.5 Exemptions [Amended 1/22/2024]

1. A.
   Buffers and setbacks are not required adjacent to the following areas:

   1. 1.
      Swales, ditches, and impoundments created for drainage purposes;
   2. 2.
      Artificial impoundments of streams constructed prior to 12/18/2001;
   3. 3.
      Low value wetlands, averaging thirty (30’) feet or less in width, as determined by measuring the width of five (5) evenly spaced sections, that function primarily as drainage swales in upland areas.
   4. 4.
      Buildings where all of the uses on the first floor of the building are non-residential uses.
2. B.
   Subject to the following qualification, buffers and setbacks do not apply to the following improvements: [Amended 12-17-07]

   1. 1.
      Stormwater management facilities;
   2. 2.
      Road crossings, bridges, culverts, and the installation of utilities needed to access property on the other side of wetlands and water bodies; and
   3. 3.
      Docks, boat ramps, and other structures necessary for direct access to water bodies.
3. In order to qualify for the exemptions in this paragraph B, the design and location of the improvements must:

   1. 1.
      Be integrated with the natural topographic condition and minimize the need for cuts and fills;
   2. 2.
      Minimize impacts on protected resources and their respective buffers and setbacks as defined in subsection 19-71.3;
   3. 3.
      Incorporate accepted best management practices; and
   4. 4.
      Be determined by the permitting authority to be the best alternative.

Effective on: 12/9/2013

Sec. 19-71.6 Non-forested Areas

Buffer areas that consist of fields, orchards, or cutover land shall comply with the requirements of this section by allowing the buffer area to regenerate to forest cover naturally. The Town may, however, require that the buffer area be replanted and the site stabilized if the soils on the site are exposed or eroding.

Effective on: 12/9/2013

Sec. 19-71.7 Maintenance of Forested Buffers

1. Buffers shall remain undisturbed, except for the removal of trees that pose a safety hazard. No tree cutting or clearing of vegetation can be done within the buffer without prior approval of the Code Enforcement Officer.
2. No trash, building materials, compost piles, buildings, automobiles, equipment, machinery, car parts, gravel, rocks, soil, or debris of any kind shall be placed or stored in the buffer area.
3. Stormwater runoff shall enter the buffer area as sheet flow only. Channeling stormwater runoff through the buffer area is not permitted.

Effective on: 12/9/2013

Sec. 19-71.8 Enforcement of Buffers [Amended 1/22/2024]

1. A.
   For building permits where a buffer is required, a plot plan prepared by a qualified design professional approved by staff and written notice that the property contains a buffer shall be filed at the Cumberland County Registry of Deeds. A copy of the notice and plot plan filed at the Registry shall be submitted to the Code Office prior to site clearing and prior to start of construction.
2. B.
   On plans approved by the Planning Board, the location of buffers and setbacks shall be shown using bold lines, shading, and other techniques to ensure that the buffer areas and the setbacks stand out clearly from background information. The buffers and setbacks shall be labeled and text shall indicate that the buffers are not to be disturbed.
3. C.
   The boundaries of buffer areas shall be marked on site with snow fencing or equivalent measures and approved by the Code Enforcement Officer prior to site clearing and prior to start of construction. The buffer markings shall be maintained throughout the entire duration of construction activities.

Effective on: 12/9/2013

Sec. 19-72.1 Purpose

The disturbing of soils due to construction activities or the removing and placement of fill materials increases the risk of water pollution, uncontrolled stormwater runoff, and the degradation of the filtering benefits of naturally forested buffers and other vegetated areas. Disturbed soils also increase the risk of damage to private and public property, such as stormwater control facilities, roads, water supplies, and buildings. The frequency and severity of these problems can be reduced by requiring the implementation of standard erosion and sedimentation control practices.

Effective on: 5/22/2023

Sec. 19-72.2 Applicability

The provisions of this section apply to the erosion and sedimentation control plans and procedures required by Building Permits, Phosphorus Control Permits, Private Way Permits, Fill Permits, Shoreland Zoning Permits, Site Plans, and Subdivision Plans.

Effective on: 12/9/2013

Sec. 19-72.3 Definitions

1. Best Management Practices: Standardized techniques for designing, installing, and maintaining erosion and sedimentation control measures as explained in the manual identified in Section 19-72.5(a).
2. Disturbed area: That part of the land surface on which fill material has been placed, or from which vegetation, pavement, or structures have been removed, exposing bare soil.

Effective on: 12/9/2013

Sec. 19-72.4 General Standards

Erosion and sedimentation control measures shall protect the following resources to the greatest practical extent given current best management practices:

1. Water quality and wildlife habitat values of streams, waterbodies, wetlands, and buffer areas;
2. Stormwater management facilities, buildings, roadways, and water supplies;
3. Existing vegetation that is to be retained in conformance to approved plans and specifications;
4. Public and private property adjacent to or in close proximity to the disturbed area.

Effective on: 12/9/2013

Sec. 19-72.5 Requirements

1. a.
   The erosion control plan shall show the use of erosion and sedimentation control measures constant with the minimum standards outlined in the Maine Department of Environmental Protection's Land Rule, Chapter 500 Stormwater Management, Appendix A Erosion and Sediment Control, Appendix B.1 Inspection and Maintenance During Construction (subsections B.1 (a) Inspection and corrective action and B.1 (b) Maintenance), and Appendix C Housekeeping. Appendix B, subsection B.1 (c) Documentation shall apply to projects resulting in greater than or equal to one acre of disturbed area.                                                                               Erosion and sedimentation control measures shall be designed and implemented according to the Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers by the Maine Department of Environmental Protection dated October 2016 or its most recent revision, and the Maine Erosion and Sediment Control Practices Field Guide for Contractors by the Maine Department of Environmental Protection dated March 2015 or its most recent revision; except to the extent a specific provision in this Ordinance is more restrictive than the provisions in these reference manuals. [Amended 05/24/2021]
2. b.
   The boundaries of natural and manmade vegetated buffers and other designated clearing limit lines required under Town ordinances and State law shall be marked with construction fencing, snow fencing, or other temporary barriers acceptable to the Code Enforcement Officer prior to site clearing, grading, placing or removing fill materials, and other forms of soil disturbance. Site clearing or soil disturbance activities may not begin until the Town has inspected and approved the boundaries of the buffer areas.
3. c.
   Temporary erosion and sedimentation control measures shall be in place throughout the period that soils are disturbed on the site. The measures shall include, but are not limited, to the following activities, as applicable:

   1. 1.
      Interception of stormwater runoff and containment of sediment originating from disturbed areas;
   2. 2.
      Diversion of runoff away from disturbed areas;
   3. 3.
      Protection of existing stormwater management facilities, roadways, buildings, and vegetation adjacent to or in close proximity to disturbed areas;
   4. 4.
      Proper placement and compaction of fill materials, in order to ensure their structural stability;
   5. 5.
      Temporary stabilization of disturbed areas, including, but not limited to, before major storms or a prolonged period of wet weather.
4. d.
   Temporary erosion and sedimentation control measures shall be maintained throughout the construction period and shall include, but are not limited to, the following activities:

   1. 1.
      Repair or replacement of sediment filtering devices, such as silt fences, hale bales, and sediment control berms.
   2. 2.
      Cleaning of sediment trapping devices such as sediment basins, check dams, and stabilized construction entrances. 
   3. 3.
      Cleaning of permanent stormwater management facilities, such inlets, catch basins, storm drains, detention ponds, drainageways, and plunge pools.
   4. 4.
      Restoration of areas that have been damaged by erosion or sedimentation. Cleanup shall include sediment that has escaped into streams, waterbodies, wetlands, buffer areas, roadways, water supplies and stormwater management facilities, unless attempts at restoration would cause more harm than benefit to the resource, as determined by the Town and/or Maine DEP.
5. e.
   Permanent erosion and sedimentation control measures shall be implemented that keep the site permanently stabilized. These measures shall include, but are not limited to, the following measures, as applicable:

   1. 1.
      Revegetation of all exposed areas that are not covered by buildings, pavement, or other structural surfaces;
   2. 2.
      Stabilization of steep slope surfaces through one or more techniques, such as rip rap, diversion ditches, benches, placement of erosion control mix, and vegetation;
   3. 3.
      Hardening of areas subject to concentrated or increased runoff, such as drainageways, inlets, and outlets, with riprap, concrete wing walls, stone plunge pools and other means.
6. f.
   After complete site stabilization, silt fences and hay bales shall be removed from the project site. Sediment control berms shall be removed or smoothed over in order to blend with the landscape. Litter, building materials, and building debris shall be removed from the project site as well as buffer areas, streams, and wetlands.
7. g.
   If washout/cleanout from concrete, stucco, paint, curing compounds or other construction materials is to be completed on the construction site, designated area(s) shall be established and marked on the erosion and sedimentation control plan. This area shall be a minimum of 50 feet from all drainage structures, ditches, waterbodies, and protected natural resources as defined in 38 M.R.S. §480-B, as well as property boundaries. The area shall not have an outlet to discharge waste or flows. No detergents shall be used, or vehicles washed in this location. A leak-proof pit or container shall be established in the washout area(s), to which washings shall be directed. This area shall be used for washout containment and dewatering by evaporation only. The pit shall not allow infiltration to occur. To prevent clean water from entering the pit, the washout area shall be covered during precipitation events. Contractor inspections of the pit shall be conducted daily to ensure no leaks are present and no discharge is occurring.

Effective on: 5/22/2023

Sec. 19-72.6 Plans

1. a.
   Erosion and sedimentation control plans shall include, at a minimum, temporary and permanent erosion and sedimentation control measures shown on the construction plan(s) as well as erosion and sedimentation control notes and details included in the plan set.  Inspection, maintenance, and housekeeping requirements during construction shall also be included in the plan set, and may be included as part of the erosion and sedimentation control notes. The erosion and sedimentation control notes and details and inspection, maintenance, and housekeeping requirements may be required to be supplemented with additional written information as needed. 
2. b.
   The level of detail shown on the plans shall be based on the size and complexity of the project. The Town may require the plans to be prepared by a professional engineer if warranted by the size or complexity of the project, or by the potential impacts of the project on natural resources or public and private property.
3. c.
   The Town may require that previously approved erosion and sedimentation control plans be modified if, during the performance of the project, the measures indicated in the plan do not appear to be adequate or are failing in their intended purpose.

Effective on: 5/22/2023

Sec. 19-72.7 Inspections

1. a.
   The minimum inspections required are the following, except that the Town may waive Inspections Number 2 through 5 if the project is small or lacking in complexity:

   1. 1.
      Prior to site clearing or soil disturbance to confirm location of naturally vegetated or manmade buffers required by Town ordinances and State law have been marked;
   2. 2.
      Prior to soil disturbance to confirm temporary erosion and sedimentation control measures have been installed;
   3. 3.
      During the active earth-moving phase of construction (minimum of 3 inspections) to determine if temporary erosion and sedimentation controls are working properly;
   4. 4.
      After completion of soil disturbance activities to ensure that the site reached permanent stabilization and temporary erosion and sediment control measures have been removed;
   5. 5.
      For projects lasting longer than one year, an annual inspection until the project reaches substantial completion. Substantial completion is considered the point in time when site work, paving (minimum of binder course), and utilities are complete and stormwater management facilities have been installed and are functioning as intended and the site areas are stabilized.
2. b.
   It is the responsibility of the developer to notify the Town that an inspection is due, under sub-section a.1, a.2, and a.4. The lack of an inspection by the Town shall not absolve the developer of the responsibility to install and maintain erosion and sedimentation controls as required under this ordinance and State law.
3. c.
   The Town may require that the developer hire a professional engineer, landscape architect, or other licensed professional with expertise in the erosion control measures specified in the plans to conduct inspections and prepare reports for consideration by the Town.
4. d.
   The Town or its representatives may inspect the project at any time and require corrective action.
5. e.
   Temporary control measures shall not be removed until the site has been permanently stabilized and approval from the Town has been obtained.

Effective on: 5/22/2023

Sec. 19-72.8 Enforcement

Erosion and sedimentation controls shall be maintained throughout the construction period. Failure to maintain these devices may result in a stop work order, revocation of permits, or other disciplinary measures allowed by law. Fines may be imposed pursuant to 30-A M.R.S.A. §4452 at a rate of $100.00 to $2,500.00 per day per violation. The cost of clean up operations in the event that erosion and sedimentation controls fail shall be borne by the developer.

Effective on: 12/9/2013

Sec. 19-72A Post-Construction Stormwater Management

[Adopted 09/14/09]

Sec. 19-72A.1 Purpose

It is recognized that development activity poses potential impacts of flooding, adds pollution to water resources, and increases erosion and sedimentation. The purpose of this section is to ensure adequate long-term operation and maintenance of post-construction stormwater facilities.

This section is intended to protect town-wide stormwater infrastructure and water quality and ensure the Town’s compliance with the Maine General Discharge Permit, which falls under the rules of NPDES Phase II and the EPA clean water act.

Effective on: 12/9/2013

Sec. 19-72A.2 Applicability

A Post Construction Stormwater Management Plan is required for:

1. any site development or redevelopment activity involving one acre (43,560 square feet) or more of disturbed land area that discharges to the Town’s Municipal Separated Storm Sewer System (MS4) including but not limited to impervious surface, paving, clearing, filling or alteration of vegetative cover, etc.
2. any project that includes stormwater management facilities requiring private way, site plan, or subdivision approval within the Highland Lake Conservation Overlay District.  [Adopted 05/13/2019]

In any instance where the standards or other provisions of State or Federal stormwater rules conflict with Town ordinances, the stricter standard shall apply.

Effective on: 5/13/2019

Sec. 19-72A.3 Submission Requirements

1. The plan shall be submitted to the permitting authority in conjunction with other required permit applications.
2. The plan shall conform to the applicable submission requirements of Section 8 of DEP Chapter 500 Rules available at www.maine.gov/dep/stormwater.
3. The plan preparer shall be a professional qualified in stormwater management.

Effective on: 12/9/2013

Sec. 19-72A.4 Permitting Requirements- Prior to any site disturbance involving any property governed by the Plan, the following conditions shall be met:

1. The plan shall be approved by Parks and Public Works Department
2. A stormwater maintenance agreement shall be recorded at the Registry of Deeds.
3. The stormwater management plan shall be approved by the permitting authority and referenced in a plan note on any other related plan approved in conjunction with the stormwater management plan.
4. If an offer of dedication or Town acceptance is proposed, the applicant shall be responsible for the maintenance of these Stormwater Management Facilities until such time (if ever) as they are accepted by the Town.

Effective on: 12/9/2013

Sec. 19-72A.5 Standards for the Post-Construction Stormwater Management Plan– The application shall include a plan which shall:

1. specify the property owner, responsible party for post-construction monitoring, and plan preparer.
2. identify the qualified third party inspector who will perform the inspections.
3. reference the stormwater maintenance agreement. Perpetual easements will be provided to the Town allowing access for secondary maintenance, repair, replacement and improvement of the Stormwater Management Facilities.
4. include a note documenting that the responsible party, his/her/its successors, heirs and assigns, shall have the legal obligation to operate, repair, maintain and replace the Stormwater Management Facilities.

Effective on: 12/9/2013

Sec. 19-72A.6 Requirements for Compliance

Any party responsible for Stormwater Management Facilities required by a Post-Construction Stormwater Management Plan shall demonstrate compliance with the Plan as follows:

1. The responsible party shall provide the Public Works and the Community Development Departments with an annual report documenting that the stormwater management facilities are adequately maintained and are functioning as intended. If the facilities are not adequately maintained or functioning as intended, the qualified third party inspector shall provide a record of the deficiency and the responsible party will take corrective actions to remediate the deficiency within the time frame established by the Public Works Department.
2. The responsible party shall at least annually, inspect, clean and/or maintain the Stormwater Management Facilities, including, but not limited to, any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures. This shall be in accordance with the cleaning and maintenance requirements set forth in the approved Post-Construction Stormwater Management Plan.
3. The responsible party shall repair any deficiencies found during inspection of the Stormwater Management Facilities in a timeframe as established by the Public Works Department.
4. The responsible party shall, on or by July 1 of each year, provide a completed and signed certification to the Director of Public Works, in a format acceptable to the Department. The certification shall describe any deficiencies found during inspection of the Stormwater Management Facilities and certify that the deficiencies of any Stormwater Management Facilities have been remediated.
5. The required inspection(s) must be conducted by a qualified third-party inspector if the property is subject to a DEP stormwater permit. The third-party inspector shall perform an initial inspection to determine the status of the Stormwater Management Facilities. If the initial inspection identifies any deficiencies with the facilities, the same third-party inspector shall re-inspect the facilities after they have been maintained or repaired to determine if they are performing as intended and certify the same to the Director of Public Works
6. The qualified third party inspector must meet the following criteria:
   1. Have a college degree in an environmental science or civil engineering, or comparable expertise;
   2. Have a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for Stormwater Management Facilities; and
   3. Have the ability to determine if stormwater facilities are performing as intended 
7. In order to determine compliance with this section and with the Post-Construction Stormwater Management Plan, the Director of Public Works, Community Development Director, or their designee, may request to enter upon a property at reasonable hours after making a good faith effort to contact the owner, occupant or agent to inspect the Stormwater Management Facilities.
8. Non-compliance with the plan that is not resolved within a reasonable time frame shall be referred to the Maine Department of Environmental Protection (MDEP).

Effective on: 12/9/2013