The Aquifer Management Overlay District are the areas of Town where significant sand and gravel aquifers exist. The purpose of this overlay district is to preserve and improve water quality and the quantity of surface water resources by limiting the intensity of development and controlling nutrient loading into important water bodies. All new land use activities within this overlay district must meet the requirements specified for this overlay district.

Land uses in the Aquifer Management Overlay District are reserved for low-intensity uses. Some low-intensity residential, recreational, agricultural and timber-related uses may be accommodated through the application of existing state regulations related to septic system design and soil conditions and the Town's site plan review process.

All newly created lots must meet all minimum dimensional requirements of this chapter.

The following criteria apply to the creation of all lots unless demonstrated adequately to the reviewing authority that the application of one or more of the following criteria is not practical:

This criteria does not apply to the back-lot provisions.

The maximum number of lots with frontage on a dead-end street created after 2006 is 14.

With the exception of the Downtown Business District, all new development activity in detached structures is limited to one principal use per all dimensional requirements for that district. Multiple principal uses in a single structure on a lot are allowed, provided each principal use meets the minimum dimensional requirements per each principal use in the structure.

The Planning Board may waive the additional road frontage and land area requirements for multiple principal uses within a single structure on a lot, provided there is a clear demonstration by the applicant that:

Home occupations, accessory apartments, related uses in a development (such as shopping center uses) and day-care homes, where permitted, are not considered principal uses for purposes of this chapter.

In order to encourage a mix of uses and new infill development in the Downtown Business, General Industrial, Pleasant Street Gateway, and the Highway Commercial Zoning Districts, more than one principal use may be permitted on a lot within this land use district in accordance with the following minimum standards:

The Planning Board may modify dimensional requirements in the Downtown Business District, including road frontage requirements, provided that there is a clear demonstration by the applicant that such modification:

Land which is situated below the normal high-water mark of any water body.

Land which is located within a wetland as identified and defined by the State of Maine.

Outdoor off-street parking and loading spaces must be effectively screened from view by a continuously landscaped area not less than six feet in height and 15 feet in width along exterior lot lines adjacent to single-family residential properties, except that driveways must be kept open to provide visibility for entering and leaving.

Buffers must be provided along interior roads running parallel to roads exterior to the site to prevent confusion, particularly at night.

Exposed storage and waste disposal areas, sand and gravel extraction operations, and areas used for the storage or collection of any articles of salvage or refuse must have sufficient setbacks and screening (such as stockade fence, a wooden or masonry screen or a dense evergreen hedge six feet or more in height) so that they do not adversely affect other land uses and properties in the area.

A public road.

A private road which has been constructed in accordance or conformity with the Town's Road Standards in Article IV, § 200-4.4L, of this chapter.

There is a thirty-three-foot strip of land with frontage of 33 feet on a Town-accepted street or private street built to Town road standards.

The thirty-three-foot access is owned by deed, conveying clear and marketable title and properly registered with the Androscoggin County Registry of Deeds, prior to the issuance of a building permit to the owner of the back lot.

The access is not included in the minimum lot size and is not subject to the setback requirement of this chapter.

The access only serves one back lot.

Only one single-family dwelling, one accessory dwelling unit, and relevant accessory structures for residential use only are allowed to be constructed on a back lot so created. Only one back lot, as described above, is allowed to be created per subdivision.

Access points from a public road to commercial and industrial operations must be located so as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

All parking areas and driveways must have a gravel subbase at least 12 inches in thickness and six inches of finish gravel or two inches of bituminous concrete or other paving, and must have appropriate bumper or wheel guards where needed.

Required off-street parking for all land uses must be located on the same lot as the principal building or facility unless otherwise authorized by the Planning Board.

Loading facilities must be located entirely on the same lot as the building or use to be served. No trucks, trailers, and containers for loading or storage are allowed to be parked or located upon any Town way. Loading facilities must also be designed so that they do not interfere with customer traffic flows and parking.

The joint use of a parking facility by two or more principal buildings or uses may be approved by the Planning Board where it is clearly demonstrated that the parking facilities will essentially meet the intent of the requirements by reason of separate times of maximum use by patrons or employees of such establishments.

Vehicular entrance and exit.

Interior vehicular circulation.

Minimum parking requirements.

Roads and associated drainage systems, except logging, agricultural and temporary roads, must be designed by a professional engineer licensed in the State of Maine. A plan and profile, at a scale of no less than 50 feet to the inch horizontal and five feet to the inch on the vertical, must be submitted to the Planning Board for its review and approval prior to the beginning of construction.

All roads must have a fifty-foot-wide right-of-way. The center of the travelway will be the center of the right-of-way.

Roads require a minimum paved width of 20 feet and must have two-foot shoulders at each edge unless concrete or granite curbing is installed. Roads with curbing must have a subsurface stormwater management system.

Twenty-four-inch subbase with a maximum stone size of four inches; 18 inches of subbase gravel equal to MDOT 703.06 Type D and six inches of base gravel equal to MDOT 703.06 Type A. The subbase depth may be varied and a crushed gravel base may be required by the Planning Board based on advisory opinion from the Road Commissioner.

For residential uses, a three-inch bituminous pavement (after compaction) (two-inch base course and one-inch surface course) is required by the Planning Board (depending on the population and traffic flow). The final determination of the paving material must be determined by the Planning Board, as required by expected traffic and tonnage. For commercial and industrial uses a three-inch bituminous pavement is required. The paved surface must be a minimum of three-foot shoulders on each side at a one-half-inch pitch per foot.

Road crossings of watercourses must be kept to the minimum number necessary.

Bottoms of culverts must be installed at streambed elevation.

Road banks must be no steeper than three horizontal to one vertical.

Center line road grades must be no steeper than 10% except for segments of no more than 200 feet in length and no steeper than 3% within 50 feet of intersections.

Road and shoulders must be crowned or graded to provide adequate surface drainage (1/4 inch to 1/2 inch per foot).

If a road is to be dead-end (does not connect to an accepted Town or state way on each end or does not connect to itself), then a turnaround shall be required and constructed in accordance with Appendix A, Town Road Standards Detail, of this chapter.[3] Only frontage parallel to the center line of the right-of-way entering a turnaround may be calculated when determining the total frontage requirement for a lot. No driveway entrance shall be constructed within the dimensions of a turnaround.

A minimum center-line radius on curves and turnarounds is 200 feet.

Vertical clearance to overhanging vegetation, structures, or utilities above the final surface must be a minimum of 16 feet.

Road base must be adequately compacted to ensure that the structure of the road base or surface must not deteriorate due to natural conditions or from expected traffic beyond normal deterioration.

All cut or fill banks and areas of exposed soil must be at least temporarily revegetated or otherwise stabilized as soon as possible after exposure. Areas must be permanently stabilized within nine months of construction.

Drainage systems, bridges and culverts must be designed to accommodate the twenty-four-hour, twenty-five-year storm event for the area. The Planning Board may require sizing for a larger event should the design life of the culvert, bridge, or other facility dictate. The following drainage standards are recommended unless the design engineer justifies that an alternative approach is equally or more suitable.

In addition to the above minimum requirements, provisions must be made to reasonably avoid sedimentation of water bodies during the lifetime of the road, including the construction, maintenance and eventual discontinuance of the road.

Culverts must be placed and sized to meet the drainage conditions. In no case may culverts be less than 12 inches in diameter or extend less than three feet beyond the shoulders.

The following criteria apply to the creation of all new roadways unless demonstrated adequately to the reviewing authority that the application of one or more of the following criteria is not practical:

Flags and insignia of any government.

Legal notices, identification, information, or directional signs erected or required by governmental bodies.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter or commercial identification.

Signs indicating gasoline prices as required by state law.

Yard and garage sale signs which are no more than 10 square feet in area and which are posted for no more than three days.

All political signs and public referendum signs which must comply with state law, except that these signs may not exceed 16 square feet per sign face or be more than six feet in height.

Temporary banners and posters for special events.

Signs related to trespassing and hunting.

Seasonal signs related to farm stands or farm products, not to exceed 32 square feet.

No signs may be located within, or project over, a public right-of-way.

Changeable signs are allowed in the Downtown Business, Highway Commercial, General Industrial, Lewiston Street Gateway and Pleasant Street Gateway Zones as long as the sign complies with the following conditions. Time and temperature signs are specifically permitted so long as the display changes no more frequently than every five seconds. The display on each side of a changeable sign:

Changeable signs are prohibited in the Rural, General Residential, and Mobile Home Park Zones.

All signs, if illuminated, must be lighted by indirect light of an intensity and manner that it will not result in hazards to motorists; however, if a changeable sign is erected, in no event shall a display on any such sign flash.

No sign may be located off the site of the lot on which the related service or occupant is located, except for MDOT approved directional signs and residential or home occupation signs.

No signs may be placed on utility poles.

Each nonresidential use is permitted one wall or roof sign not to exceed 50 square feet and one freestanding sign not to exceed 50 square feet per sign face.

Roof signs may not project more than six feet in height above the roofline at the front wall of the structure.

Freestanding signs and signposts may not exceed 15 feet in height and must be located outside of the road right-of-way and must not create a safety hazard.

In the event of a multiuse facility such as a shopping center, each use is permitted one wall sign, not to exceed 32 square feet, in addition to one freestanding sign, not to exceed 100 square feet per sign face, to identify the facility and its occupants.

No freestanding sign may be located closer than 100 feet to any other freestanding sign, except where necessary to allow each business one sign.

Signs must be constructed of durable materials such as wood, metal, heavy-gauge plastic or any similar material approved by the Planning Board.

Signs must be aesthetically pleasing and compatible with surrounding uses.

To the extent necessary to protect water quality, no activity may locate, store, discharge, or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quality, obnoxiousness, toxicity, or temperature that run off, seep, percolate, or wash into surface water or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life. All aboveground storage facilities for fuel, chemicals, or chemical or industrial wastes must be located on impervious pavement and must be completely enclosed by an impervious dike which must be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a twenty-four hour, twenty-five-year storm, so that such liquid must not be able to spill onto or seep into the ground surrounding the paved storage area.

Storage tanks for home heating oil and diesel fuel, not exceeding 275 gallons in size, are exempted from this requirement, in situations where neither a seasonal high-water table (within 15 inches of the surface) nor rapidly permeable sandy soils are involved, or within an Aquifer Management Overlay District.

Recreational trailers and vehicles.

Farm equipment.

Intermittently parked trailers and vehicles used by an individual who derives a substantial portion of his/her income from the operation of such vehicles off-premises, when parked on property occupied by the individual.

Trailers and vehicles parked or stored within a building or structure.

Trailers and vehicles parked on property where construction or demolition activities are in process, provided the vehicles are set back from any property line at least 10 feet and are removed within 20 days of project completion.

The vehicular access to the development must be arranged to avoid through traffic use of local residential streets, unless planned, laid out and constructed to accommodate such use.

Where the entire parcel and individual lots have frontage on two or more streets, the access to the parcel or lots must be provided across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.

The street giving access to the parcel and neighboring streets which can be expected to carry traffic to and from the development must have traffic-carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use.

Where necessary to safeguard against hazard to traffic and pedestrians and/or to avoid traffic congestion, provision must be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets.

Accessways must be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street.

Where topographic and other conditions allow, provision must be made for circulation driveway connections to adjoining lots of similar existing or potential use:

Where streets intersect with public roads, sight distances, as measured along the public way which traffic will be entering, must be based upon the posted speed limit and conform to the following:

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

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings must be set back a minimum of 75 feet from the normal high-water line of the streams or upland edge of those wetlands designated on the Official Mechanic Falls Zoning Map.

One campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within the Shoreland Overlay District, whichever is less, may be permitted.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, must be set back 75 feet from the normal high-water line of streams or upland edge of those wetlands designated on the Official Mechanic Falls Zoning Map.

Recreational vehicles must not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except canopies must be attached to the recreational vehicle.

(Reserved)[1]

A written sewage disposal plan describing the proposed method and location of sewage disposal is required for each campsite within seven days of notice and must be approved by the local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility of landowner is required.

When a recreational vehicle, tent or similar shelter is placed on-site and occupied for more than 120 days per year, all requirements for residential structures must be met, including the installation of a subsurface wastewater disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, as revised,[2] unless served by public sewage facilities.

The provisions of § 200-4.5A(2) are subject to Article IX, Citation System of Code Enforcement, of this chapter.

Open space subdivisions must meet all requirements for subdivision approval and must be in conformance with a site plan for its overall development.

Only single-family dwelling units are permitted.

Dimensional requirements.

The open space must be dedicated to the recreational amenity and environmental enhancement of the development, must protect and preserve the tracts of land and resources identified in Subsection B(1) of these standards, and must be recorded as such. For the purposes of these provisions, "open space" means an area that:

The open space contained within any individual lot shall be held in private ownership by the owner of record of the lot.

Further subdivision of the open space or the creation of easements within the open space is prohibited.

All lots in an open space subdivision must have access and frontage off interior roads.

No back lots shall be allowed or created as part of an open space subdivision.

The Planning Board shall have final approval of all open space area.

The use of any open space may be limited by the Planning Board at the time of final approval where the Board deems it necessary to protect adjacent properties or uses, particular tracts of land or ecological systems or other natural resources. Any proposed change in use of the open space after final approval shall be reviewed by the Planning Board as an amendment to the approved plan.

The final plan shall contain the following:

Perpetual conservation easements, or declaration of covenants and restrictions, restricting development of the open space land must be incorporated in the open space subdivision and shall meet the following standards:

No excavation may occur between five feet and two feet of the seasonal high-water table unless sufficiently detailed information is submitted, documenting the position of the seasonal high-water table, to allow the Planning Board to determine that the groundwater will not be adversely affected. No excavation may occur within two feet of the seasonal high-water table.

Petroleum products, or other substances that could contaminate groundwater or surface water, must be stored on the affected land in accordance with a spill prevention, control and containment plan. Refueling operations, oil changes and maintenance activities requiring the handling of hydraulic fluids, as well as any other on-site activity involving the use of products which, if spilled, could contaminate groundwater, must also be conducted in accordance with such plan.

A 300-foot horizontal separation must be maintained between the limit of excavation and any predevelopment private drinking water supply. A 1,000-foot horizontal separation must be maintained between the limit of excavation and any water source which qualifies as a public drinking water supply.

The borrow pit or topsoil mining operation must not withdraw more than 5,000 gallons of groundwater per day.

If the estimated peak rate of stormwater runoff from the affected land is calculated, at any time, to be greater than the predevelopment runoff peak rate in any watershed within the boundaries of the affected land, a detention basin must be designed and constructed to maintain the predevelopment runoff peak rate.

The outlet structures of each detention basin must be designed to control twenty-four-hour storms of twenty-five-year frequency. Each detention basin must be constructed with an emergency spillway designed to independently convey the runoff from a twenty-five-year, twenty-four-hour storm event if the primary spillway is blocked or its capacity exceeded.

All processing water must be discharged to a sedimentation basin. No chemicals may be used to process borrow.

The working pit may not exceed 10 acres, at any one time, in order to limit the potential for erosion and sedimentation damage.

Ditches, sedimentation basins, dikes, and other control measures must be used as necessary to prevent sediments from being washed or deposited into classified bodies of water. Each sedimentation basin must be designed and constructed with capacity to detain runoff from a storm of ten-year frequency and twenty-four-hour duration for a minimum of 10 hours. Each sedimentation basin must be inspected, and accumulated sediments removed as necessary, to ensure that the design limit for accumulated sediments is not exceeded.

Topsoil stockpiles must be seeded, mulched, anchored, or otherwise temporarily stabilized.

A natural buffer strip at least 150 feet wide must be maintained between the borrow pit (affected land) and a public road. A natural buffer strip at least 25 feet wide must be maintained between the topsoil mining operation (affected land) and a public road.

A natural buffer strip at least 150 feet wide must be maintained between the affected land and the property boundary. This buffer may be reduced to 25 feet with written permission of the abutting property owner. It may be eliminated between abutting properties containing borrow pits or topsoil mining operations with written permission of the abutting property owner.

A borrow pit or topsoil mining operation may only be operated or reclaimed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.

Hourly sound levels must not exceed the sound level limits set forth in the DEP site law, 06-096 CMR Ch. 375, § 10, as revised.

The borrow pit or topsoil mining operation must be reclaimed in phases so that the working pit (operation phase) does not exceed 10 acres at any time and the area being actively reclaimed (reclamation phase) does not exceed 15 acres at any time. A single stockpile area, not to exceed five acres, is allowed in addition to the ten-acre working pit.

Within 30 days of completion of excavation, the side slopes of the borrow pit or topsoil mining operation must be regraded to a slope no steeper than the ratio of 2.5 horizontal to one vertical. Slopes up to two to one vertical may be allowed if a slope stability analysis is submitted, showing that there will be no major failure or sloughing of slopes under construction loads.

Haul roads must be reclaimed.

Vegetative cover must be established on all affected land. Topsoil must be placed, seeded and mulched within 30 days of final grading.

The land within the park must remain in a unified ownership and the fee to lots or portions of lots must not be transferred.

No dwelling unit other than a manufactured housing unit must be located within the park.

Each mobile home park owner must establish and enforce regulations governing the conduct of the internal affairs of the park.

Provision of utilities. Municipal sewer and/or water must be extended to a park, at the developer's expense, if lines which are adequate to service the park exist within 1,500 feet.

Density.

With municipal sewer, the minimum lot size must be 6,500 square feet and minimum frontage along an interior road must be 55 feet.

With engineered subsurface wastewater disposal systems, the maximum density must be one dwelling unit per each 12,000 square feet.

Without municipal sewer, the minimum lot size must be 20,000 square feet if on private septic system.

Assessment submitted. Accompanying the application for approval of any mobile home park which is not served by public sewer must be an analysis of the impacts of the proposed mobile home park on groundwater quality. The hydrogeologic assessment must be prepared by a certified geologist or licensed professional engineer experienced in hydrogeology and must contain at least the following information:

Standards for acceptable groundwater impacts.

Subsurface wastewater disposal systems and drinking water wells must be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards must be included as a note on the plan.

No subsurface wastewater disposal system may serve more than four manufactured housing units.

Each manufactured housing unit must be served by a centralized water system(s).

Sufficient water for firefighting must be provided either by a centralized water supply system or by the fire ponds with dry hydrants. No homes must be located over 600 feet from either pressurized or dry hydrants.

Roads must be designed by a professional engineer licensed in the State of Maine. Roads must be designed in accordance with the on-site soil conditions and good engineering practice and must have a twenty-three-foot right-of-way and a twenty-foot pavement width. Roads must be privately owned and maintained and must be conditioned to remain in private ownership. All roads must be constructed in accordance with Town road standards, with the exception of pavement width and right-of-way.

Lots may not have vehicular access to existing public roads.

Roads, including intersections with existing streets, must be designed to provide safe traffic conditions for vehicular and pedestrian traffic.

Park egress and exit points must not increase congestion on existing public roads.

Any mobile home park expected to generate average daily traffic of 200 trips per day or more must have at least two street connections with existing public streets. Any street within a park with an average daily traffic of 200 trips per day or more must have at least two street connections leading to existing public streets, other streets within the park, or other streets shown on an approved subdivision plan.

The intersection of any street within a park and an existing public street must meet the following standards:

The application must contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation must be based on the "Trip Generation Manual, current edition," published by the Institute of Transportation Engineers. If the park is projected to generate more than 400 vehicle trip ends per day, the application must also include a traffic impact analysis by a licensed professional engineer with experience in transportation engineering.

On-street parking must be prohibited unless an eight-foot parking lane is provided, in which case on-street parking may be permitted on the side of the road where the parking lane is located.

On lots 10,000 square feet in area or larger, structures must not be located less than 15 feet from any boundary lines of an individual lot. On lots less than 10,000 square feet in area, structures must not be located less than 10 feet from any boundary lines of an individual lot.

On lots which abut a public way either within the park or adjacent to the park, or on lots which are located within a Shoreland Zoning District, structures must meet the front setback and setback from the high-water mark requirements in the dimensional requirements, shown in Table 2.

If a park is proposed with a residential density of at least twice the density of adjacent development in existence or at least twice the density permitted in the underlying zoning district in which the park is located, if the neighboring land is undeveloped, the park must be designed with a continuous landscaped area not more than 50 feet in width which must contain no structures or streets. The first 25 feet of the buffer strip, as measured from the exterior boundaries of the park, must contain evergreen shrubs, trees, fences, walls or any combination which forms an effective physical barrier to be located on all exterior lot lines of the park, except that driveways must be kept open to provide visibility for vehicles entering and leaving.

Homes and other structures must be set back from lot lines with abutting properties at a distance equal to that required for single-family homes in the underlying zoning district in which the park is located.

Homes must not be placed such that they are within 40 feet of another home or other principal structure.

Homes and other structures must be set back from existing public roads a distance equal to or greater than the front setback distance required in the underlying zoning district in which the park is located.

Sidewalks are required and must be three feet wide and paved.

For each mobile home lot, there must be provided and maintained at least two off-street parking spaces. Each parking space must contain a minimum area of 200 square feet with minimum dimensions of 10 feet by 20 feet. This requirement may be waived if an equivalent number of spaces is provided by a parking lane.

In addition to occupant parking, off-street guest and service parking must be provided within the boundaries of the park at a ratio of one space for each mobile home lot. Such parking must be hard-surfaced and the spaces must be reserved for that sole use. This requirement must be waived if the parking lane provides an equivalent number of spaces.

Signs and advertising devices are prohibited in a mobile home park except:

The styles and location of the identifying sign must not interfere with vehicle sight distance and must be constructed in accordance with the local sign regulations.

The owner or operator of a mobile home park must be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management must conform to state laws.

Each mobile home must be prominently numbered in an orderly and conspicuous manner. Each number must not be less than three inches.

Compliance with this chapter must not exempt the park owner, developer, or manager from complying with other applicable local, state and federal codes and regulations.

All conditional use permits for mobile home parks must expire upon a change in ownership of the mobile home park, unless sooner suspended or revoked, within 30 days of the change of ownership. The new owner must apply for a continuation of the mobile home park permit and submit any information requested by the Planning Board.

A new permit must be issued unless the information indicates the new owner or plan will not comply with the terms and conditions of the prior permit and approved plans.

Wherever possible, side lot lines must be perpendicular to the street.

The subdivision of tracts into parcels with more than twice the required minimum lot size must be laid out in such a manner as will either provide for or preclude future division. Deed restrictions and notes on the plan must either prohibit future divisions of the lots or specify that any future division must constitute a revision to the plan and must require approval from the Board, subject to the criteria of the Subdivision Statute,[5] the standards of these regulations and conditions placed on the original approval.

If a lot on one side of a stream, road or other similar barrier fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the stream or road to meet the minimum lot size.

No lots in any subdivision may access directly onto an existing state or Town road, unless approved otherwise by the Planning Board.

In addition to the above, all subdivisions are required to meet the requirements of 30-A M.R.S.A. § 4404, Subdivision 13.

All roads within subdivision must meet or exceed the Town road standards, as shown in Article IV, § 200-4.4.

The road and lot layout must be adapted to the topography. Extensive grading and filling must be avoided as much as possible.

The Planning Board, on the advice of the Road Commissioner, may, for vehicles involved in the construction of the subdivision, specify the travel flow of heavy vehicles to and from the subdivision and the maximum vehicle loading permitted in Town roads connecting to the subdivision. The subdivider must repair or pay for the repair of any damage to Town roads resulting from the travel of heavy vehicles, as determined by the Road Commissioner.

When a subdivision abuts a road with high traffic volume, the Board may require the subdivider to construct a loop road at the entrance to the subdivision so that a school bus or other vehicle can be driven off the main road to pick up or discharge passengers safely, persons may deliver and receive mail, or for similar reasons.

The premises concerned must not be located within 250 feet of the nearest residential property which is located within a residential zoning district established in this chapter, as measured in a straight line from the premises' nearest boundary to such property.

The premises concerned must not be located within 500 feet of the nearest property line of a preexisting public or private school, school dormitory, or school ground, day-care center, day-care home, public playground, or public park, as measured in a straight line from the premises' nearest boundary to the property line.

The premises concerned cannot consist of residential apartments or other dwelling units, whether or not occupied.

Marijuana is illegal under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq. State and local regulations do not preempt federal law. Cultivation, processing, sale, and possession of marijuana are illegal under federal law, and those who engage in such activities do so at their own risk of criminal prosecution under federal law. Local zoning in this chapter and other regulations are not a defense against a violation of federal law.

By enacting this Subsection M, Marijuana-related activities, in this chapter, the Town of Mechanic Falls does not intend to encourage or promote the establishment of any business or operation, or the commitment of any act, that constitutes or may constitute a violation of state or federal law.

By operating a marijuana business pursuant to a conditional use permit issued by the Mechanic Falls Planning Board, and an annual Town of Mechanic Falls marijuana municipal license issued by the municipal officers, a permit holder releases the Town of Mechanic Falls, its officers, elected and appointed officials, employees, attorneys and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the licensee or permit holder, its owners, operators, employees, clients or customers for a violation of any state or federal law, rule or regulations related to marijuana, or from forced closure of the licensed premises because the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, is found to be invalid under any applicable law, including but not limited to federal law. As part of the conditional use permit application and the Town of Mechanic Falls marijuana municipal license application for a marijuana facility in the Town of Mechanic Falls, an applicant shall sign and submit a waiver that states the following:

The purpose of this subsection is to implement the provisions of the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, which authorizes the licensing and regulation of adult-use marijuana businesses, as well as Title 22 M.R.S.A. Ch. 558-C, which authorizes the operation of medical marijuana operations. It is further intended that the purpose of these regulations is to regulate the conduct of persons owning, operating, and using marijuana businesses in order to protect the public health, safety and welfare and establish a nondiscriminatory mechanism by which the Town of Mechanic Falls appropriately regulates the location and operation of retail marijuana stores, marijuana cultivation facilities, marijuana products manufacturing facilities, or marijuana testing facilities.

Adoption of state statutory provisions and state administrative regulations. Except where the provisions set forth under this § 200-4.5M of this chapter are inconsistent with or differ from the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, or the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, as may be amended from time to time, relating to marijuana facilities, all of the provisions of the Maine Marijuana Legalization Act and the Maine Medical Use of Marijuana Act are hereby adopted by reference and apply to all conditional use applications received and permits issued by the Mechanic Falls Planning Board. If there is a conflict between the provisions of this subsection and the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, or the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, the stricter provisions will control to the fullest extent permitted by applicable law. The Planning Board may impose such reasonable terms and conditions on conditional use permits for adult-use marijuana businesses or medical marijuana operations as may be necessary to protect the public health, safety and welfare and obtain compliance with this chapter, the Maine Marijuana Legalization Act, the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, the Maine Uniform Building and Energy Code (MUBEC), the State of Maine Fire and Life Safety Codes, and the State of Maine Plumbing and Electrical Codes, and the permit holder must obtain a food establishment license, pursuant to 22 M.R.S.A. § 2167, prior to preparing edible goods containing marijuana.

The terms used in this subsection shall have the meaning ascribed to them in the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, as well as the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, as may be amended from time to time, and such definitions are hereby incorporated into this chapter by reference. Only adult-use marijuana businesses specifically authorized under these provisions are permitted. All other marijuana businesses are prohibited. Medical marijuana operations are permitted as defined under these provisions to the extent that they do not conflict with state regulations.

No person, firm, or corporation may operate an adult-use retail marijuana store facility, an adult-use marijuana cultivation facility, an adult-use marijuana products manufacturing facility, or an adult-use marijuana testing facility without a valid conditional use permit issued by the Town of Mechanic Falls Planning Board, and an annual marijuana municipal license issued by the municipal officers, and a marijuana license issued from the State of Maine Licensing Authority.

No person, firm, or corporation may operate a medical marijuana retail facility, a registered medical marijuana cultivation facility, a medical marijuana products manufacturing facility, or a medical marijuana testing facility without a valid conditional use permit issued by the Town of Mechanic Falls Planning Board, and an annual marijuana municipal license issued by the municipal officers.

A person, firm or corporation seeking to obtain a conditional use permit from the Town of Mechanic Falls shall file an application with the Town of Mechanic Falls Planning Board in accordance with the requirements set forth in this chapter. The Town of Mechanic Falls conditional use permit is a revocable privilege subject to the will and scrutiny of local authorities. Each conditional use permit is separate and distinct. A separate conditional use permit application shall be required for each specific marijuana business type and for each geographic location.

Nothing in this chapter is intended nor shall be construed to authorize or approve medical marijuana collective gardening or medical marijuana cooperatives. Operation of a retail marijuana facility without a conditional use permit issued by the Mechanic Falls Planning Board and an annual marijuana municipal license issued by the municipal officers and a marijuana license issued from the State of Maine Licensing Authority is a violation of this chapter and will be prosecuted as such.

Restrictions on where a marijuana facility can locate. Pursuant to the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, as well as the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, with a conditional use permit, the Town of Mechanic Falls is allowing marijuana registered caregivers, adult-use as well as medical marijuana retail stores, adult-use as well as medical marijuana cultivation facilities, marijuana products manufacturing facilities and marijuana testing facilities in the Town of Mechanic Falls in accordance with all applicable provisions set forth in § 200-4.5M of this chapter, the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, and all other applicable codes and regulations, including but not limited to the Maine Uniform Building and Energy Code (MUBEC), the State of Maine Fire and Life Safety Codes, and the State of Maine Plumbing and Electrical Codes; and a State of Maine food establishment license, pursuant to M.R.S.A. 22, § 2167, is required prior to preparing edible goods containing marijuana.

A separate conditional use permit application and fee must be submitted for each type marijuana operation to the Town of Mechanic Falls Planning Board. Each approved use will be subject to an annual review and fee assessment identified herein.

Marijuana social clubs are prohibited in the Town of Mechanic Falls.

Applications for and issuance of conditional use permits for adult-use and medical marijuana retail facilities in the Town of Mechanic Falls shall be in accordance with provisions of the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, as well as the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, and Chapter 200, Zoning and Land Use, of the Code of the Town of Mechanic Falls. Marijuana facility applications must be deemed complete by the Code Enforcement Officer before the applications are presented to the Planning Board for review.

Marijuana facilities proximity to other land uses. The distance limitations established by this subsection shall control the location of all marijuana facilities in the Town of Mechanic Falls. Distances shall be computed by direct measurement from the nearest property line of the land use listed below to the nearest portion of the building or area of outdoor cultivation of a marijuana facility. Distances shall be verified by the applicant and confirmed by the Mechanic Falls Code Enforcement Officer. Each marijuana facility shall be operated from a permanent location. No marijuana facility shall be permitted to operate from a movable, mobile or transitory location.

Marijuana facilities shall not be allowed as a home occupation. Marijuana shall not be sold from any residential unit nor shall marijuana be grown in or on any portion of residential property with the intent to sell. Residential personal marijuana cultivation shall be conducted in accordance with the Maine Marijuana Legalization Act M.R.S.A. Title 28-B, Chapter 3. Residential personal marijuana is for personal use only and shall not be sold and shall not be given away and/or gifted for a donation and/or for shipping/delivery fees, and no remuneration shall be accepted from a consumer for personal use grown marijuana or for personal use marijuana-infused products.

Hours of operation. A marijuana retail store facility may open no earlier than 8:00 a.m. and shall close no later than 10:00 p.m., Monday through Sunday. No sale of marijuana may occur upon the premises between the hours of 10:00 p.m. and 8:00 a.m.

Direct sales. All retail sales of marijuana or marijuana-infused products at retail marijuana stores must be made in person, directly to the consumer/purchaser that has been verified to be 21 years of age or older. No sales of marijuana may be made by telephone, internet, or other means of remote purchase. No sales of marijuana or marijuana-infused products shall be made to a person that is or appears to be under the influence of alcohol or under the influence of any controlled substance, including marijuana. The use, consumption, ingestion or inhalation of marijuana or marijuana-infused products on or within the premises of a retail marijuana store facility, marijuana cultivation facility or marijuana products manufacturing facility is prohibited.

Disposal of marijuana waste shall be stored, secured, and managed in accordance with the Maine Marijuana Legalization Act, M.R.S.A. Title 28-B, or the Maine Medical Use of Marijuana Act, Title 22 M.R.S.A. Ch. 558-C, in effect and as amended from time to time hereinafter.

Persons prohibited from applying for marijuana facility conditional use permits:

Odor control at marijuana facilities.

All cultivation, production, storage, display, testing and sales of marijuana and marijuana-infused products must not be visible from the exterior of the property. For the purposes of this subsection, greenhouse cultivation shall be deemed to occur within a building. The greenhouse or outdoor cultivation area must have proper buffering, screening or fencing so its contents are not visible from any property line or public road.

Issuance of a conditional use permit.

Hazardous chemicals storage and disposal of fertilizers, pesticides, herbicides, and any other hazardous chemicals associated with the cultivation of marijuana shall comply with all local, state, and federal laws. A conditional use permit application for review of any marijuana facility shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the Fire Chief.

Signage and advertising. All signage and advertising for marijuana facilities shall comply with applicable State of Maine signage laws as well as the provisions of § 200-4.4N of this chapter. Marijuana facility signs shall not be attractive to children.

Required notices. There shall be posted in a conspicuous location in each marijuana store, cultivation, and manufacturing facility a legible sign containing the following warnings:

Security requirements at marijuana facilities shall comply with all requirements of the State of Maine and shall include, at a minimum, the following:

Inspection and compliance. Inspection of the marijuana facility is required after approval of the conditional use permit. When the building in which the marijuana facility is located is completed in accordance with the plans submitted and approved by the Planning Board for a conditional use permit, the premises will be inspected for occupancy by the Code Enforcement Officer and Fire Chief, to determine compliance with the conditional use permit, building and life safety codes. Throughout the term of the Town of Mechanic Falls conditional use permit for a marijuana facility, the Code Enforcement Officer, Fire Chief, and law enforcement may inspect the permitted premises to determine continuing compliance with the building and life safety codes and state and local laws and rules.

Public nuisance. If a violation of this chapter or conditions applied to a marijuana facility conditional use permit is declared to be a public nuisance per se, in addition to any other remedy provided by law or equity, the violation may be abated by the Town of Mechanic Falls under the applicable provisions of this chapter or state law.

Marijuana municipal license required. In addition to a conditional use permit, a marijuana facility shall obtain a separate annual marijuana municipal license, subject to an annual public hearing, for each type of marijuana facility from the Town of Mechanic Falls municipal officers. It is recommended that applicants familiarize themselves with Chapter 200, Zoning and Land Use, relating to marijuana facilities, as well as building codes and state licensing regulations, before they complete an application and submit the fee to the Town of Mechanic Falls. The marijuana municipal license is not transferable, and a new license must be obtained from the municipal officers for a change of ownership or a change in location. The applicable marijuana business license fee shall be set forth in the Town of Mechanic Falls fee schedule and approved by the Town of Mechanic Falls municipal officers, as amended from time to time. The annual adult marijuana business license fee is nonrefundable.

All marijuana businesses shall obtain all necessary building, electrical, and plumbing permits for any portion of the structure that contains electrical wiring, light and/or watering devices that support the cultivation of and/or resale of marijuana.

A registered medical marijuana caregiver operation shall comply at all times and in all circumstances with the provisions of state law. A conditional use permit for a registered medical marijuana caregiver operation does not include approval for a retail operation.

Registered medical marijuana caregiver operations are prohibited in the Rural, General Residential, and Downtown Business Zoning Districts.

A use permit may be granted by the Code Enforcement Officer for a registered medical marijuana caregiver operation in all other zones. The following requirements shall apply to a registered medical marijuana caregiver operation:

All use permits issued pursuant to the adoption of this subsection shall terminate upon the sale, lease, devise or other transfer of the property by the permit holder, or of the transfer of a controlling interest in the permit holder.

They shall keep marijuana plants in an enclosed, locked facility not visible from outside of the premises where the plants are grown to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana at the registered medical marijuana caregiver operation, unless the plants are being transported because the medical marijuana caregiver is moving.

Only four marijuana cultivation facilities shall be permitted in the Town of Mechanic Falls.

Marijuana cultivation facilities are prohibited in the Rural, General Residential, and Downtown Business Zoning Districts.

A conditional use permit shall be granted by the Planning Board for a marijuana cultivation facility in all other zones and shall be issued in the name of the marijuana cultivation facility and the name of the principal owning a security interest in the marijuana cultivation facility. The following requirements shall apply to a marijuana cultivation facility:

Marijuana manufacturing facilities shall be permitted in the Town of Mechanic Falls.

Marijuana manufacturing facilities are prohibited in the Rural, General Residential, and Downtown Business Zoning Districts.

A conditional use permit shall be granted by the Planning Board for a marijuana manufacturing facility in all other zones and shall be issued in the name of the marijuana manufacturing facility and the name of the principal owning a security interest in the marijuana manufacturing facility. The permit shall terminate upon the sale, lease, devise or other transfer of the property, or the transfer of a controlling interest in the marijuana manufacturing facility.

Marijuana testing facilities shall be permitted in the Town of Mechanic Falls.

Marijuana testing facilities are prohibited in the Rural, General Residential, and Downtown Business Zoning Districts.

A conditional use permit shall be granted by the Planning Board for a marijuana testing facility in all other zones and shall be issued in the name of the marijuana testing facility and the name of the principal owning a security interest in the marijuana testing facility. The permit shall terminate upon the sale, lease, devise or other transfer of the property, or the transfer of a controlling interest in the marijuana testing facility.

Only four marijuana retail facilities shall be permitted in the Town of Mechanic Falls. However, a licensee which operates more than one marijuana retail facility on the same parcel shall be treated as a single marijuana retail facility for the purpose of this limit.

Marijuana retail facilities are prohibited in the Rural, General Residential, and Downtown Business Zoning Districts.

A conditional use permit shall be granted by the Planning Board for a marijuana retail facility in all other zones and shall be issued in the name of the marijuana retail facility and the name of the principal owning a security interest in the marijuana retail facility. The permit shall terminate upon the sale, lease, devise or other transfer of the property, or the transfer of a controlling interest in the marijuana retail facility.

Full VIN.

Date of arrival to automobile recycling business.

Date vehicle scrapped or date repairs completed.[6]

An eligible affordable housing development may be allowed at least 2.5 times the base density otherwise permitted within the district in which it is located.

An eligible affordable housing development may not be required to provide more than two parking spaces for every three dwelling units contained in the affordable housing development.

For purposes of calculating the density bonus applicable to eligible affordable housing develpments, any fractional result shall be rounded down to the nearest whole number.

For purposes of calculating the parking space limitation for eligible affordable housing developments, any fractional result shall be rounded up to the nearest whole number.

Is located within a designated growth area or is served by public water and sewer systems;

Is located on a property on which multifamily dwellings are permitted;

Is located on a property that complies with the minimum lot size requirements of 12 M.R.S.A. c. 423-A; and

Complies with all applicable requirements of the Resource Protection and Shoreland Overlay Districts.

The owner or applicant has provided written verification, in accordance with 30-A M.R.S.A. § 4364-A(4), and any rules or regulations adopted pursuant thereto, that each dwelling unit is or will be connected to adequate water and wastewater services; and

The owner or applicant agrees, as a condition of final approval, to execute and record in the Androscoggin County Registry of Deeds a restrictive covenant, in the form of a deed or other recordable instrument, that:

Up to four dwelling units may be constructed on any vacant property located in a designated growth area and served by public water and sewer systems;

Up to two dwelling units may be constructed on any vacant property outside of a designated growth area and not served by public water or sewer systems; and

Up to two additional dwelling units may be constructed on any property on which no more than one dwelling unit currently exists.

All additional dwelling units shall be subject to the same dimensional and setback requirements as single-family dwelling units, except that the placement of additional dwelling units within the Rural, General Residential and Lewiston Street Gateway Districts shall require an additional lot area per dwelling unit equal to 50% of the lot area required for a single-family dwelling unit; and

The owner or applicant must provide written verification, in accordance with 30-A M.R.S.A. § 4364-A(4), and any rules or regulations adopted pursuant thereto, that each additional dwelling unit is or will be connected to adequate water and wastewater services.

IBC - International Building Code.

IRC - International Residential Code for One- and Two-Family Dwellings.

IEBC - International Existing Building Code.

IECC - International Energy Conservation Code.

IMC - International Mechanical Code.

The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standards:

General requirements.

All gates or doors opening through such enclosures must be equipped with a self-latching device for keeping the gate or door securely locked at all times when not in use.

Any view-obstructing fence may not be closer than 15 feet from any street lot line.

Such notice shall:

Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.

After service of such notice, the owner or occupant to whom it is directed shall correct the condition constituting the violation within the time specified and promptly give notice to the Code Enforcement Officer that such corrective action has been taken.

Use of placarded buildings prohibited. No rental dwelling or rental dwelling unit, lodging house or rooming unit which has been placarded as unfit for human habitation shall be occupied until written approval is secured from, and such placard is removed by, the Code Enforcement Officer. The Code Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action is based have been eliminated.

Removal of placards prohibited. No person shall deface or remove the placard from any rental dwelling, or rental dwelling unit, lodging house or rooming unit which has been declared unfit for human habitation and placarded as such.

Disposal of garbage and rubbish. Every responsible occupant of a dwelling or dwelling unit shall dispose of all his garbage and rubbish in a clean and sanitary manner.

Rental dwelling units to be free of refuse. Every rental dwelling shall be clean and free from garbage or rubbish. When a rental dwelling or rental dwelling unit is not reasonably clean or free from garbage or rubbish, the Code Enforcement Officer may cause the responsible person to put the rental dwelling or rental dwelling unit in a clean and sanitary condition. Every owner of rental property shall provide his tenants with suitable waste containers.

Owner responsible for extermination in multiple dwellings. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

Occupant responsible for extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises.

In the case of a bedbug infestation.