(a)

Location in front yard. No garage, swimming pool or other accessory building shall be located in a required front yard.

(b)

Swimming pools. Standards for swimming pools are as follows:

(1)

Swimming pools must be completely enclosed by a fence meeting the requirements of 22 M.R.S.A. § 1632.

(2)

Swimming pools shall be considered accessory structures for purposes of applying the space and bulk requirements of this chapter, and a swimming pool shall meet all setback requirements from all property and street lines of the district in which it is located and from the normal high water mark of a waterbody or the upland edge of a wetland.

(3)

No variances from the dimensional standards of this chapter shall be allowed for swimming pools.

(c)

Notwithstanding the space and bulk requirements of the zoning district in which it is located, a storage shed with a floor area of 120 square feet or less may be located within a side or rear yard setback provided that it is located at least five feet from any side or rear property line.

(d)

Notwithstanding the space and bulk requirements of the zoning district in which it is located, a membrane-covered frame structure with a floor area of 200 sq. feet or less may be located within a side or rear setback provided it is set back no less than 50 percent of the setback requirement for the zoning district in which it is located. Membrane-covered frame structures may be used only for storage and not for human habitation.

(Ord. of 9-18-2001, § 5.1.1; Ord. of 4-21-2009(4)

(a)

Purpose. No temporary, portable, or easily moveable structure or shelter, such as an umbrella, a tent, a mobile stand, and a trailer, which does not conform to the structural standards of the town building code shall be used in the town as a place of business storage or sales. Such temporary, portable or easily moveable structures or shelters presently in existence as places of storage or business in the town shall be discontinued within six months of the effective date of the ordinance from which this chapter derives except for temporary use pending construction of a permanent conforming building, or those structures exempted in subsection (b) of this section.

(b)

Exemption. Temporary construction trailers for approved construction projects, temporary structures for events sponsored or otherwise authorized by the town council, temporary structures which are otherwise permitted in the amusement overlay district (AO), and food carts, food trucks, and food stands which are permitted in the amusement overlay district, campground overlay district, Salvation Army events in the Residential 2 (R-2) zoning district, and for events sponsored or otherwise authorized by the town council shall be exempt from subsection (a) of this section.

(Ord. of 9-18-2001, § 5.1.2; Ord. of 2-6-2018(1); Ord. of 3-1-2022(1))

1.

Purpose. The purpose of this section is to meet the requirements of the State of Maine Housing Opportunity Program to allow for the following:

A.

One accessory dwelling unit to be located on a lot containing one single-family dwelling unit in any area where housing is permitted (Accessory dwelling unit—ADU).

B.

The ADU and the single-family dwelling shall not be used for short-term rentals.

2.

Applicability and application requirements. This ordinance applies to any ADU proposed to be developed after the date in which this ordinance is adopted.

A.

ADUs approved by the Town of Old Orchard Beach and constructed before the adoption of this ordinance shall be allowed to continue.

B.

An ADU can be located on the same lot where a single-family dwelling unit is the principal structure and only existing dwelling unit in any area in which housing is allowed, provided the ADU requirements and performance standards outlined in this section are met, and shall be constructed only:

1)

Within the existing single-family dwelling unit;

2)

Attached to the single-family dwelling unit; or

3)

As a new structure on the lot for the primary purpose of creating an ADU.

C.

This section does not:

1)

Abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in the state rule, as long as the agreement does not abrogate rights pursuant to the United States Constitution or the Constitution of Maine;

2)

Exempt a subdivider from the requirements in Title 30-A, Chapter 187, subchapter 4;

3)

Exempt an ADU from the shoreland zoning requirements established by the Department of Environmental Protection pursuant to Title 38, Chapter 3 and the Town of Old Orchard Beach shoreland zoning ordinance; or

4)

Abrogate or annul minimum lot size requirements under Title 12, Chapter 423-A.

5)

Allow an ADU to further increase a lot nonconformity, meaning the ADU cannot cause further deviation from the dimensional standard(s) creating the nonconformity, excluding lot area.

D.

Applications for ADUs will be reviewed through administrative site plan review and must contain the following in addition to meeting the requirements and standards in this section, and Article IV.—Site Plans:

1)

A site plan prepared by a Maine licensed land surveyor and drawn to scale showing the boundaries of the lot; any existing improvements on the lot, including buildings, structures, and paving; and any existing easements. This requirement may be waived by the Town Planner if the proposed construction is entirely internal to the principal dwelling structure on the subject property.

2)

A separate copy of the site plan prepared by a Maine licensed land surveyor that is marked up to scale by either the applicant or the surveyor to include the following additional information: the proposed improvements to the lot, including buildings, structures, paving, landscaping, easements, and utilities; a safe path of travel for access to the ADU; a title block with the property address approved by the assessor and map, block, and lot identification; the name of the record owner of the property; north arrow; date; total square footage of the principal dwelling; total square footage of the ADU; percentage of the ADU total square footage in relation to the principal dwelling total square footage; and the number and location of parking spaces provided.

3)

For any ADU involving new construction (interior or exterior), a set of building plans, photographs or drawings that show the following: existing and proposed principal and accessory buildings; the floor plan of the principal building and the ADU; elevations for all sides of the existing and proposed buildings; and the architectural treatment of the principal building and the ADU.

3.

Definitions exclusive to the accessory dwelling unit. As used in this section the terms listed below have meanings set forth below, whether or not such terms are otherwise defined elsewhere in this chapter. Terms not listed below have the same meanings as in section 78-1 of this chapter.

Accessory dwelling unit (ADU): A self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land.

Accessory structure: A structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. A garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

Attached: means connected by a shared wall to the principal structure or having physically connected finished spaces.

Certificate of occupancy: The municipal approval for occupancy granted pursuant to 25 M.R.S. § 2357-A or the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103.

Dimensional requirements: Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage, road frontage, building coverage, lot coverage and height.

Existing accessory structure: An accessory structure, including a detached garage, in existence on a lot at the time of submission of a permit application to build an accessory dwelling unit on that lot.

Short-term rental: Any building or structure, or portion thereof, that is offered or provided to a guest or guests to be used for living or sleeping for a fee for less than 30 consecutive days, with the exception of motels, hotels, bed and breakfast, inn's, overnight cabins, and campgrounds. Short-term rental units may be whole house, duplexes, multifamily, apartments, condominiums, condominium hotels/motels, and individual rooms or individual units in homes, duplexes, multifamily, apartments, condominiums, and condominium hotels/motels.

Single-family dwelling unit: A detached residence designed for or occupied by one family only. Only one such single-family dwelling shall be permitted per lot.

4.

Standards and requirements for accessory dwelling units.

A.

Water and Wastewater. The owner of an ADU shall provide written verification that the ADU is connected to adequate water and wastewater services prior to certification of the ADU for occupancy. Written verification must include the following:

1)

If the lot is served by public sewer, both the single-family dwelling and the ADU must be connected to the public sewer system. If being connected to a public sewer system, proof of adequate service to support any additional flow created by the ADU and proof of payment for the connection to the sewer system;

2)

If the lot is served by subsurface sewage disposal, the owner must demonstrate that the use conforms to the State of Maine Minimum Lot Size law and that the sewage disposal system(s) for both the single-family dwelling and the ADU complies with the Maine Subsurface Wastewater Disposal rules. If an ADU is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. § 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. ch. 241, Subsurface Wastewater Disposal Rules.

3)

If an ADU is connected to a public water system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit; and

4)

If an ADU is connected to a well, proof of access to potable water, including the standards outlined in 01-672 C.M.R. ch. 10, section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

B.

Parking.

1)

An ADU with up to 600 square feet of floor area is not subject to any additional off-street motor vehicle parking requirements beyond the parking requirements of the single-family dwelling unit on the lot where the ADU is located. The owner(s) of an ADU with up to 600 square feet of floor area should provide additional off-street parking to meet the needs of occupants.

2)

For an ADU with over 600 square feet of floor area, two additional off-street parking spaces beyond the parking requirements of the single-family dwelling unit shall be provided.

3)

Off-street parking spaces shall not be eliminated to convert an attached garage into an ADU.

C.

Addressing. The applicant shall show the road name(s) and address on a plan after consultation and approval by the town assessor, prior to any approval. This will be used for the purpose of E-911 addressing.

D.

Space and bulk.

1)

A detached ADU shall meet the same setbacks as required for a principal residential structure in that district and shall not exceed the height of the existing single-family dwelling.

2)

An ADU located within the same structure as a single-family dwelling or attached to a single-family dwelling, shall meet the dimensional requirements (excluding lot area) and not exceed the maximum height, as required for a principal residential structure in that zoning district;

3)

An accessory dwelling unit shall not be constructed or established within an existing detached accessory structure.

4)

For the purposes of this section, ADUs outside of a shoreland zone shall not be considered to be a second dwelling unit for determining the required minimum lot area, or net residential density.

5)

The ADU and single-family dwelling shall not exceed the maximum building coverage allowed for the zoning district in which the lot is located.

E.

Size.

1)

An ADU must have a minimum floor area of 190 square feet and shall not exceed 50 percent of the floor area of the single-family dwelling unit, up to a maximum total floor area of 1,000 square feet, or whichever is less.

2)

The ADU shall not contain more than two bedrooms.

3)

Floor area measurements of the single-family dwelling shall not include unfinished attic, basement or cellar spaces.

4)

Total floor area of an ADU shall be measured from the interior faces of the inside walls.

F.

Performance standards.

1)

ADUs established under this section must meet the performance standards below, as part of the permitting requirements, and the applicant must provide a narrative describing conformance with each:

(a)

The construction of any ADU must be in conformity with all applicable federal, state and local laws, codes, ordinances, and regulations.

(b)

The ADU and the single-family dwelling cannot be permitted or licensed for short-term rentals.

(c)

Only one ADU is permitted per lot.

(d)

If there is more than one dwelling unit on a lot, an ADU is not permitted.

(e)

An ADU must remain in common ownership with the single-family dwelling unit.

(f)

An ADU must not be sold separately from the single-family dwelling.

(g)

The owner of the lot on which the ADU is located must reside in that unit or the single-family dwelling, either of which residence may be seasonal, or occupied seasonally by the owner.

(h)

To ensure continued compliance by current and subsequent owners, the applicant shall provide and record in the York County Registry of Deeds a covenant in a form acceptable to the town that the existence of the ADU is predicated upon the occupancy of either the ADU or principal dwelling by a person who owns the property. It is also required that any owner of the property must notify a prospective buyer of the limitations of this section. Violations of the terms of this covenant shall result in the loss of the ADU permit. Said covenant shall be provided to the town prior to the issuance of an occupancy permit for the ADU.

(i)

If an owner is unable or unwilling to fulfill the owner occupancy requirement, the owner must remove the features of the ADU that make it a dwelling.

(j)

A safe path of travel shall be provided from the ADU to the nearest public sidewalk or right-of-way. The path must be a minimum of three feet wide and remain clear and passable at all times.

(k)

Above-ground exterior mechanical and utility equipment associated with the accessory dwelling unit should not be located within any required structure setbacks and shall be shielded to protect neighboring properties.

(l)

A detached ADU is not permitted to have a rooftop deck.

(m)

To improve compatibility with neighborhoods, ADUs must be built with an orientation, scale, and architectural style that reflects the predominant pattern existing in the neighborhood, preserves privacy for neighbors and for the occupants of the single-family dwelling.

(Ord. of 2-6-2024)

The planning board may approve the use of private ways to provide access to lots, existing or proposed, provided that the conditions of this division are met.

(Ord. of 9-18-2001, § 5.2)

A plan showing the private way for one lot shall be prepared by a registered land surveyor licensed to practice in the state. A plan showing the private way for two or more lots shall be prepared by a registered land surveyor and professional engineer licensed to practice in the state. The plan shall be drawn in permanent ink on permanent transparency material and shall be sealed by the surveyor and/or engineer preparing the plan. The plan shall be labeled "Plan of a Private Way" and shall provide an approval block for the signatures of the planning board, the date of approval, and the words, "Private Way, Approved by the town Planning Board." The plan shall show information sufficient to establish on the ground the exact location, direction, width, and length of the private way. In addition, a street plan, profile and cross section shall be submitted for each private way serving two or more lots. The plan shall also include an erosion and sedimentation control plan as required per article VIII, division 8 of this chapter. The plan shall also contain a note which shall read, "The Town of Old Orchard Beach shall not be responsible for maintenance, repair, plowing, or similar services for the private way shown on this plan." The original plan shall be recorded in the county registry of deeds within 60 days of approval by the planning board. If the plan is not recorded within this period, the approval of the planning board shall be void.

(Ord. of 9-18-2001, § 5.2.1; Ord. of 9-5-2023(2))

If the private way provides access to two or more lots, a maintenance agreement shall be prepared. This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way. This agreement shall be approved by the planning board and shall be recorded in the county registry of deeds within 60 days of approval by the planning board.

(Ord. of 9-18-2001, § 5.2.2)

(a)

Width of right-of-way. The right-of-way of private ways created after September 19, 1989 shall have a minimum width of 50 feet. The right-of-way of a private way described in a deed or plan recorded in the county registry of deeds prior to September 19, 1989 shall have the width described in such deed or plan, but not less than the minimum roadway width required by subsection (b) of this section.

(b)

Construction standards. The construction of private ways shall meet the following minimum standards:

_____

(c)

Compliance with construction standards. The applicant for a building permit for a lot to be served by a private way shall be responsible for bringing the entire private way, from the nearest public way up to and including that portion of the private way which abuts the applicant's lot, into compliance with the standards of subsection (b) of this section, notwithstanding that other lots served by the private way may already have been built upon.

(d)

Inspection and certification. Private ways serving two or more lots shall be inspected under the direction of a registered professional engineer. Prior to the issuance of building permits for lots served by a private way, the engineer shall certify to the code enforcement officer that the private way has been constructed in accordance with this section.

(Ord. of 9-18-2001, § 5.2.3)

A review fee which shall be determined by the town council shall be paid by the applicant at the time of filing the application and plan for a private way.

(Ord. of 9-18-2001, § 5.2.4)

All signs located within the corporate town limits shall conform to this division.

(Ord. of 9-18-2001, § 5.4)

All signs and supporting sign hardware and lighting shall be maintained in good condition and in operational order and shall pose no danger to the public. Existing signage or supporting sign structures, hardware, or light fixtures that are abandoned, neglected, in disrepair, and/or inoperable for a period of six months after written notification of noncompliance by the code enforcement officer shall be removed and/or replaced with signage conforming to all standards established under this division.

(Ord. of 9-18-2001, § 5.4.1)

No person shall erect, alter, or relocate any sign, except those exempted in sections 78-1627 and 78-1631, without first obtaining a sign permit from the code enforcement officer. The code enforcement officer shall review all sign permit applications to determine conformance with this chapter, the building and electrical codes, and all other applicable ordinances within the town.

(Ord. of 9-18-2001, § 5.4.2)

Lawfully nonconforming signs in existence at the time of the adoption of the ordinance from which this chapter derives can remain, be altered, and be repaired. Lawfully existing square footage of signage may be rearranged and redistributed on the premises, but only in conformity with the applicable design standards in the individual zoning districts. Any existing sign that is nonconforming with the standards of this division shall be made to comply with this division if any of the following conditions exist:

(1)

Any enlargement or alteration of an existing lawfully nonconforming sign that increases the nonconformity of the signage under this division and the applicable district.

(2)

The existing business operation, displaying the nonconforming sign, has not been licensed by the town council and/or been in operation for a continuous period of one year.

(3)

Any signage that violates section 78-1622.

(Ord. of 9-18-2001, § 5.4.3)

To preserve public safety and control nuisances to adjacent property owners, the following signs and display characteristics are expressly prohibited:

(1)

Any rotating signs, signage with moving parts, flashing illumination, illumination that depicts movement, or emits noise or sound effects, excepting bonus area signage permitted in the DD-1, DD-2, BRD and AO district performance standards.

(2)

Any sign and/or illumination that obstructs motorist or pedestrian sight lines, distracts motorist attention from traffic control mechanisms, or casts direct glare into the eyes of pedestrians or motorists.

(3)

Internally illuminated signs, except where specifically provided in the DD-1, DD-2, AO, and BRD district regulations.

(4)

Any sign illumination that casts in excess of 0.5 footcandle of illumination onto an adjacent property.

(5)

Any signage, excepting retractable awnings, that protrudes over a public street or private way or protrudes more than four feet over a public sidewalk and provides less than nine feet of clearance between the bottom of the sign and the sidewalk.

(6)

Any additional signage suspended from a sign that protrudes over a public way or sidewalk.

(7)

Rooftop signs located at the peak of a gable or hip roof or above the top of the fascia of a shed or flat roof.

(8)

Any window or freestanding signage that impedes firefighting access.

(9)

Signage located in public/private walkways or that obstructs or presents a hazard to pedestrian traffic.

(10)

Any internally lighted letter board sign which remains on a lot for more than three months unless such sign is permanently anchored to the ground or to a building.

(Ord. of 9-18-2001, § 5.4.4)

No permanent signage shall be erected off premises from the principal business or use advertised by the sign except for the following:

(1)

State department of transportation directional signs, approved by the public works department and erected by the state department of transportation.

(2)

Permanent signs located off premises on land owned in fee by the same record property owner, provided that the sign is located no further than 75 linear feet from the front entrance of the principal building containing the business. The sign area will not exceed sign area available under district requirements.

(3)

Temporary off-premises signage may be permitted by the code enforcement officer as prescribed in section 78-1627.

(4)

Off-premises farm stand signs specified in section 78-1628(4).

(Ord. of 9-18-2001, § 5.4.5; Ord. of 10-21-2008)

The following temporary signs may be permitted and exempt from the size and dimensional requirements of the zoning district, provided that the signage does not pose a safety hazard and meets all relevant conditions prescribed:

(1)

Window posters. Temporary signage placed inside of building windows announcing community events, provided the signage is removed within five days following the event.

(2)

Business holiday displays. Temporary holiday lighting, outdoor displays and other decoration of buildings or structures during holiday seasons when such decoration is customary.

(3)

Real estate signs. Real estate signs advertising the sale of a property on nonilluminated signs not exceeding an aggregate total of eight square feet in residential districts and 15 square feet in business districts. All signs shall be removed from the premises within two days following the transfer of the property.

(4)

Community festivals, carnivals, events at the ballpark, and special events. Any signage erected by a business, charitable organization, or public organization directly associated with a public festival, carnival, events at the ballpark or special community event approved by the town council.

(5)

Yard sales/garage sales. Nonilluminated signs advertising a yard sale/garage sale only on a residential property provided all signage is removed within 48 hours of the termination of the yard sale.

(6)

Project signs. Nonilluminated signs announcing an approved and impending land development project and listing the consultants and contractors involved in the project. Project signs shall be limited to one sign per site and shall not exceed 32 square feet in sign area. Sign duration is a limit of two years.

(Ord. of 9-18-2001, § 5.4.6; Ord. of 10-16-2012(3))

Permitted signs in all districts are as follows:

(1)

Signage not to exceed an aggregate of four square feet painted on mailboxes or attached to the principal structure identifying the occupants of a residential property.

(2)

Temporary signage specified in section 78-1627.

(3)

Outdoor letterboard signs. The square footage of such letterboard shall be deducted from the allowable square footage of signage for the property.

(4)

Off-premises farm signs erected between May 1 and December 31 by a producer of agricultural products, as long as those signs advertise products that are grown, produced and sold on the producer's premises. A producer that grows, produces and sells an agricultural product from a location with frontage on a numbered state highway may not erect a sign under this paragraph adjacent to that highway. Signs must be directional in nature and may advertise only the agricultural product that is available for immediate purchase. The producer erecting the sign shall remove the sign once the agricultural product advertised on the sign is no longer available. A sign may not exceed 8 square feet in size and must be located within one mile of where the product is sold. A sign may only be erected on private property after the producer erecting the sign has obtained the landowner's written consent. A sign must be a minimum of 33 feet from the center of a road. A producer may not erect more than two signs pursuant to this paragraph.

(Ord. of 9-18-2001, § 5.4.7; Ord. of 10-21-2008)

The following performance standards for signs are applicable to all districts of this chapter:

(1)

All proposed signs shall be sited on the same parcel as the principal building and may be freestanding, located in windows, attached to the building wall at any location below the roof eave or on projecting awnings.

(2)

No signage may be located in a public street, sidewalk, or within any sidewalk or entrance used by the public.

(3)

Any business owner with signage protruding over a town way, path, or sidewalk shall file with the town clerk a certificate of insurance showing that the owner is covered by a minimum of $250,000.00 of liability insurance and that the town is a named insured with respect to any injury to person or property caused by the protruding sign.

(4)

Open banners. Flags or banners manufactured with the generic word "open" shall be permitted for display on any licensed business property or storefront located in any of the business districts. Such banners and flags shall be exempt from aggregate sign area and dimension requirements specified in the zoning district, provided no advertisement of a business or product is contained thereon and the banner or flag is removed at the close of the business day.

(5)

No illumination source for any sign shall be located within a public right-of-way or on public lands except for municipal uses and community events licensed by the town council.

(6)

Permitted sign area is not transferable between sides of the building located on a corner lot.

(Ord. of 9-18-2001, § 5.4.8)

(a)

Subdivision/multifamily signage. Signage identifying subdivision projects, multifamily developments, or institutional uses in any residential district shall be limited to a maximum of 40 square feet of sign area with no single sign to exceed 25 square feet in sign area. Signs shall be illuminated only by shielded white illumination emanating from fixtures attached to the sign, building, or ground. Freestanding signs shall not exceed ten feet in height.

(b)

Nonconforming nonresidential uses. Nonconforming nonresidential uses located in a residential district shall conform to the standards of section 78-871(d).

(Ord. of 9-18-2001, § 5.4.9)

(a)

Municipal and state signs. Signs or signage installed by or at the direction of the town or the state are fully exempt from this division.

(b)

Designated landmark signage. Signs receiving special designation from the planning board as landmark signage shall be exempt from section 78-1624. In designating an existing sign as landmark signage, the planning board shall require the applicant to meet three of the following four criteria:

(1)

The sign is an outstanding example of signage and graphic communication from a specific architectural and design period.

(2)

The sign has been located on the same premises or business for at least 40 years.

(3)

The sign is a distinctive example of graphic communication that is unique and recognized by the general public as a landmark within the town.

(4)

The signage is compatible with and complements the architectural quality of the principal structure.

(c)

Cornerstones and plaques. Memorial signs, names of historic buildings and commemorative plaques, and cornerstone dates are exempt from the standards of this division, provided that such signage is permanently affixed to or engraved into the building or freestanding, as long as the signage does not exceed four square feet.

(Ord. of 9-18-2001, § 5.4.10)

The purpose of this division is to protect, maintain, and enhance the public health, safety, and general welfare of the citizens of the Town of Old Orchard Beach by establishing minimum requirements to control erosion at construction sites and prevent migration of sediment from construction sites so that erosion and sedimentation do not adversely impact off-site natural resources, properties, or the municipal separate storm sewer system.

(Ord. of 9-5-2023(2))

Disturbed area. "Disturbed area" means all land areas that are stripped, graded, grubbed, filled, or excavated at any time during the site preparation or removing vegetation for, or construction of, a project. Cutting of trees without grubbing, stump removal, disturbance or exposure of soil is not considered "disturbed area".

Permanently stabilized. "Permanently stabilized" means areas that have been brought to final grade and have been stabilized with vegetation, seeding, sod, or through the use of permanent mulch, riprap, gravel road base, or pavement. Vegetated areas are considered permanently stabilized when vegetation is well-established with 90 percent mature vegetation cover.

(Ord. of 9-5-2023(2))

The provisions of this division shall apply to all uses and construction resulting in disturbed area, regardless of size, that also requires a shoreland zoning permit, building permit, or site plan, subdivision, conditional use, administrative design review, or private way approval. The provisions of this division require a written soil erosion and sedimentation control plan for such construction.

(Ord. of 9-5-2023(2))

Development shall be designed to fit with the topography and soils of the site, to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

(Ord. of 9-5-2023(2))

(1)

The erosion and sedimentation control plan shall show the use of erosion and sedimentation control measures consistent 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, installed, and maintained according to the latest revisions of the following Maine Department of Environmental Protection documents:

a.

Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers.

b.

Maine Erosion and Sediment Control Practices Field Guide for Contractors.

(2)

Erosion and sedimentation control shall be designed to protect downgradient buffer areas as well as areas where stormwater may flow offsite. Catch basin inlets receiving flow from construction sites, both onsite and offsite, shall be provided with inlet protection.

(3)

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving disturbed area and shall be in operation during all stages of the construction until the site has been permanently stabilized. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion. Temporary control measures shall not be removed until the site has been permanently stabilized.

(4)

Natural and manmade drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed, at a minimum, to convey water from a 25-year storm and shall be stabilized with vegetation or lined with riprap.

(5)

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. If 50 feet is not possible, the washout area shall have necessary controls in place to not allow it to overflow or secondary containment for the washout area shall be provided. The area shall not have an outlet to discharge wastes 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.

(Ord. of 9-5-2023(2))

(1)

The erosion and sedimentation control plan shall be submitted to the permitting authority for approval as part of the land use development process or with the shoreland zone or building permit application, and shall include, at a minimum:

a.

Temporary and permanent erosion and sedimentation control measures shown on the construction plan(s) and/or building plans.

b.

Erosion and sedimentation control notes and details within the plan set, and

c.

Inspection, maintenance, and housekeeping requirements during construction within the plan set.

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)

The level of detail shown on the erosion and sediment control plan shall be based on the size and complexity of the project. The permitting authority may require the erosion and sediment control plan, notes, and details and inspection, maintenance, and housekeeping requirements be prepared by a professional engineer, landscape architect, or other licensed professional with expertise in the erosion control measures, if warranted by the size or complexity of the project, or by the potential impacts of the project on natural resources or off-site property.

(3)

During construction, the code enforcement officer or designee, may require the contractor prepare a phasing plan for construction projects resulting in more than five acres of disturbed area at any one time. The phasing plan shall show the limits of each phase and the temporary or permanent stabilization methods to be used for each phase. The phasing plan shall require the stabilization of each phase to be completed before the next phase, such that no more than five acres of disturbed area is present at any one time.

(Ord. of 9-5-2023(2))

(1)

Conduct of inspections. The code enforcement officer, other municipal staff, or their designee is authorized to conduct inspections of all premises within the scope of this division and may request corrective actions. Additional measures may be required where necessary to prevent the migration of sediment offsite.

(2)

Right of entry. The code enforcement officer, other municipal staff, or their designee in the performance of their duties may enter upon the premises at reasonable hours, upon giving proper identification, for the purpose of inspecting the premises to determine compliance with this division.

(3)

Access. owner, agents, operators, occupants, or contractor shall provide access to all parts of the premises within their control to the code enforcement officer, other municipal staff, or their designee. Refusal to provide such access shall be a violation of this division.

(4)

The following erosion and sedimentation control inspections by the code enforcement officer, other municipal staff, or their designee are required at a minimum; however, the code enforcement officer, other municipal staff, or their designee may waive inspections b. through d., if a project results in less than one acre of disturbed area. Additionally, erosion and sedimentation control inspections, for projects resulting in less than one acre of disturbed area and requiring only a building permit, may be conducted as part of a required building permit inspection based on the code enforcement officer's discretion.

a.

Prior to soil disturbance to confirm temporary erosion and sedimentation control measures have been installed.

b.

During the active earth moving phase of construction (minimum of three inspections) to determine if temporary erosion and sedimentation control measures are functioning properly.

c.

At project completion to ensure the site reached permanent stabilization and all temporary erosion and sediment controls have been removed.

d.

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.

(5)

It is the responsibility of the developer to notify the code enforcement officer, other municipal staff, or their designee that an inspection is due, under subsection 4.a and 4.c. The lack of an inspection by the code enforcement officer, other municipal staff, or their designee shall not absolve the developer of the responsibility to install and maintain erosion and sedimentation controls as required under this division and state law.

(6)

Contractor inspections are to be conducted by a person with knowledge of erosion and sediment sedimentation control, including the standards and conditions in the permit or approval.

(Ord. of 9-5-2023(2))

(1)

Notice of violation. Whenever the code enforcement officer finds that a person has violated this division, the code enforcement officer may order compliance with this division by written notice of violation to that person indicating the nature of the violation(s), a statement of the division provision(s) alleged to have been violated, including a statement of the penalties for violation, and ordering the action necessary to correct it, including, without limitation:

a.

The abatement of violations and the cessation of practices or operations in violation of this division;

b.

At the person's expense, compliance with or repair of the erosion and sedimentation control measures required as a condition of approval of the erosion and sedimentation control plan, and/or the restoration of any affected portion(s) of the site;

c.

The payment of fines, of the municipality's remediation costs and of the municipality's reasonable administrative costs and attorneys' fees and costs;

d.

If abatement of a violation, compliance with the erosion and sedimentation control plan, repair of erosion and sedimentation control measures, and/or restoration of affected portions of the site is required, the notice shall set forth a deadline within which such abatement, compliance, repair, and/or restoration must be completed.

(2)

Stop work order. The code enforcement officer may issue a stop work notice whenever:

a.

A person has not acted on a notice of violation issued pursuant to this division within the time set forth in the notice, or

b.

A person subject to the applicability section of this division undertakes construction without first submitting an application for and obtaining approval of an erosion and sedimentation control plan.

The code enforcement officer will attempt to deliver the stop work notice to the applicant, the person performing the construction, or the owner or occupant of the site, as appropriate, by any means reasonable calculated to effectuate delivery. Once the stop work notice has been delivered, no further construction at the site may proceed other than as is necessary to correct the non-compliance. Construction may resume only when the code enforcement officer provides written notice that the person may resume construction.

(3)

Enforcement measures: The code enforcement officer or their designee is granted authority to enforce this division in accordance with Town of Old Orchard Beach Code of Ordinances, Chapter 78, Article II.

(Ord. of 9-5-2023(2))

No person shall locate or commence operation of any adult business:

(1)

In any zoning district other than the general business 1 district (GB-1) as shown on the town zoning map pursuant to this chapter; or

(2)

In any location where the customer entrance to the adult business would be closer than 1,000 feet, measured in a straight line without regard to intervening structures or objects, to the nearest point on the boundary of any property which is:

a.

Occupied by a child care facility, school, park, playground, church or public building; or

b.

Occupied by another adult business.

(Ord. of 9-18-2001, § 5.11)

The purpose of this section is to establish minimum requirements for the siting, design, construction and operation of marinas to serve the needs of boaters, to protect the natural resources affected by marinas, and to protect the health, safety and welfare of the citizens of Old Orchard Beach. In order to meet these purposes, a marina proposal shall be subject to this section and to all applicable standards within this zoning ordinance. This section does not address the question of whether marinas are an allowed use. Whether or not a proposed marina is an allowed use must be determined by the zoning district regulations applicable to the location of the proposed marina.

(Ord. of 10-20-09(2))

This section shall apply to:

(a)

Any commercial, public, or private marina that is proposed as a new use.

(b)

Any vessel maintenance or repair yard that is on or adjacent to the water.

(c)

All public or commercial boat ramps.

(Ord. of 10-20-09(2))

A marina shall be subject to site plan review, and as such is subject to submission requirements found in Article 78. In addition, any additional evidence or exhibits requested by town staff or the planning board shall be submitted in order to adequately respond to required submission items. To the extent that an application is subject to shoreland zoning review, all relevant shoreland zoning provisions and requirements set forth in Article 78 shall also be applicable.

(Ord. of 10-20-09(2))

Marinas shall only be located in areas which offer safe and convenient access to waters of navigable depth. Safe and convenient access shall be determined by the following standards of performance:

(a)

Factors such as existing water depths, the size and draft of vessels for which the marina is proposed, and tidal and wave action shall be considered.

(b)

Marinas shall be designed to minimize adverse impacts on the existing use and enjoyment of immediate and nearby waters.

(c)

Marinas shall be sited and designed to afford adequate protection against wakes caused by vessel traffic to the maximum extent practicable.

(d)

Adequate restroom facilities for the use of marina patrons shall be provided so as to encourage the use of shoreside facilities, to prohibit the overboard discharge of untreated or inadequately treated sewage from vessels, and to protect water quality.

(e)

Shore based vessel maintenance areas shall be sited as far from the water as is practicable, and shall be designed so that all maintenance activities that are potential sources of air or waterborne contaminants shall be accomplished over dry land or indoors. A management plan for the control and disposal of hazardous materials, by-products, debris, residues, spills and stormwater runoff from maintenance areas shall be submitted. All drains from maintenance areas shall lead to a sump, holding tank, or pump-out facility from which the wastes can be removed for treatment and/or disposal.

(f)

Life safety equipment - flotation devices shall be provided at regular intervals throughout the marina to ensure the safety of marina users.

(g)

Lighting shall be in accordance with U.S. Coast Guard and/or U.S. Army Corps of Engineers requirements, and is subject to Article 78 Lighting Standards. In general, lighting shall be designed with maximum usage of full cutoff fixtures to ensure public safety and minimize visual impacts.

(h)

The owner or operator of a proposed marina shall maintain, at a minimum, insurance policies for comprehensive general liability, marina operators legal liability, pollution coverage/endorsement/riders, and any other policies as may be mandated by any municipal, state or federal agency as part of any permitting, approvals, license conditions or otherwise. Verification of said policies shall be submitted to the town prior to the issuance of a certificate of occupancy by the code enforcement office.

(i)

Marina structures in, on or over submerged lands shall be designed to comply with applicable federal or state requirements, and with the following:

(1)

They shall be designed to minimize adverse impacts on navigation, use of waters, and natural resources impacts.

(2)

They shall not significantly restrict water flows.

(3)

The width and length of all facilities shall be limited to what is reasonable for the intended use, and shall minimize the shading of marine vegetation, if any. This section is not to be interpreted to allow for the construction of any superstructure above and beyond the approved decking of a marina.

(4)

Barrier-free access for the handicapped that complies with the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines shall be provided for all marina structures when required.

(5)

They shall have sufficient strength to resist all anticipated loading required of buildings in the Town of Old Orchard Beach, including but not limited to dead, live, wind, earthquake, snow, and impact loading.

(6)

They shall not be constructed using creosote treated timber.

(7)

No floating structure (other than a boat) shall exceed 20 feet in height as measured from the surface of the water.

(Ord. of 10-20-09(2))

In addition to site plan review criteria found in Article 78, the planning board shall consider the following factors in reaching a decision:

(a)

Potential impacts to water quality and to visual and aesthetic enjoyment of the waters of Saco Bay will be minimized to the maximum extent practicable.

(b)

Unavoidable impacts to aquatic and terrestrial resources have been or can be compensated to a practicable and appropriate extent.

(c)

The potential effects on the public with respect to commerce, navigation, recreation, aesthetic enjoyment and natural resources have been minimized to the greatest practicable extent.

(d)

The extent to which structures are dependent upon water access for their primary purpose shall be considered. Restaurants, decks, dwellings, and other nonwater dependent structures that extend seaward beyond the Normal High Water Mark of Coastal or Tidal Waters shall not be authorized by this section.

(e)

The proposed location does not unreasonably interfere with access to existing marine structures or points of public access, or with existing developed or natural beach areas.

(Ord. of 10-20-09(2))

Temporary anemometer towers shall comply with all of the following standards:

(1)

Minimum site area. The minimum site area for an anemometer tower erected prior to a wind turbine generator shall be as necessary to meet required setbacks and any other standards of this ordinance.

(2)

Setbacks. An anemometer tower shall, whenever feasible, be set back at least a distance equal to the height of the tower from the nearest lot line. When this setback is not feasible, the tower shall be set back a distance of at least the height of the tower from the nearest structures, whether such structures are on an abutting parcel or the property on which the tower is located.

(3)

Maximum height. The maximum height of an anemometer tower shall be 125 feet.

(4)

Permit required/expiration of permit.

a.

Required. No temporary anemometer towers shall be erected or structurally altered without a permit issued by the code enforcement officer.

b.

Expiration. Expiration of temporary anemometer tower permits is as follows:

1.

If the work described in any temporary anemometer tower permit has not begun within 180 days from the date of issuance thereof, the permit shall expire.

2.

The permit shall expire one year from the date of completion of the temporary anemometer tower. The code enforcement officer is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. The temporary anemometer tower shall be removed within 90 days of the permit expiration.

(5)

State or federal requirements. Any proposed anemometer tower shall meet or exceed any standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate other tall structures in effect at the time the special approval is granted.

(6)

Structural standards. Any proposed anemometer tower shall meet or exceed the standards of the Town of Old Orchard Beach Building Code.

(Ord. of 12-15-2009(3))

Any alternative parking standards for specific zoning districts are contained in the performance standards section of each zoning district in this chapter.

(Ord. of 9-18-2001, § 5.3.6)

(a)

No more than one single-unit vehicle with a wheelbase length of 30 feet or less and registered as a commercial vehicle with the state department of motor vehicles shall be parked overnight at a residential address.

(b)

Tractor-trailer trucks, semitrailer trucks and trailers, or commercial vehicles with wheelbases exceeding 30 feet in length shall not be parked overnight at a residential address or on a public street or private way.

(c)

No commercial vehicle shall remain stationary with idling engine unit in a residential district or on a public street or private way for any period of time exceeding one hour in duration.

(Ord. of 9-18-2001, § 5.3.8)

(a)

Siting. Access driveways for single- and two-family residences shall be sited in the most appropriate location, given existing site topography and project layout, surrounding land uses, and prevailing traffic conditions.

(b)

Orientation. Orientation of driveways shall be as follows:

(1)

All driveways shall be oriented at 90 degrees to the street or private way.

(2)

The planning board may permit driveway intersections with the street at an angle not to exceed 60 degrees in circumstances where the nature of the use or existing highway alignment precludes a right angle intersection.

(c)

Sight distances. Driveways ingressing and egressing onto a public street or private way shall be designed so as to meet the minimum sight distances in both directions of travel for a minimum seven-second stopping time.

Measurements of minimum sight distances shall be taken from a point ten feet from the curbline of the street at a height of 3.5 feet to the top of an object 4.25 feet above the pavement and located in the centerline of the oncoming travel lane.

(d)

Number of driveways. Along local streets and private ways, one driveway shall be permitted for each street or private way fronting the parcel.

(e)

Offset from intersections. No driveway shall be located within 50 feet of the curbline tangent of intersecting local streets and/or private ways.

(Ord. of 9-18-2001, § 5.3.1.1)

(a)

For single- and two-family residences, widths of driveways shall be measured at the point where the driveway width meets the improved surface of the public or private road. Maximum driveway width shall not exceed 24 feet. Minimum driveway width shall not be less than 12 feet, with a minimum clearance of 15 feet to accommodate emergency vehicle access.

(b)

All driveways shall provide enough length, as determined by the code enforcement officer and public works director, to prevent vehicles parked in the driveway from blocking or interfering in any way with vehicle, bicycle and pedestrian passage on public or private roads and sidewalks and with snow removal.

(Ord. of 9-18-2001, § 5.3.1.2; Ord. of 3-16-2021(1))

(a)

Driveway grades. No driveway for a single- and two-family residence shall exceed a grade of 15 percent over the entire length of the drive. Within 20 feet of a public street or private way, the driveway grade shall not exceed five percent.

(b)

Driveway profiles. Vertical curves of all driveways shall be designed to provide adequate undercarriage clearance for emergency vehicles.

(c)

Driveway surface. The surface of the driveway shall be as follows:

(1)

All portions of a permitted unpaved drive located within 15 feet of a public street or paved private way shall be paved with a minimum of 1.5 inches of bituminous concrete on a minimum 12-inch gravel base.

(2)

Where a driveway crosses an existing or proposed public sidewalk, the materials, dimensions and integrity of the sidewalks shall be maintained across the surface of a public street or private way, except as provided in division 6 of this article.

(d)

Driveway permit. No driveway shall be constructed without first securing a driveway permit from the code enforcement officer and public works director and posting a cash or security bond in the amount of $1,000.00 with the public works director. No certificate of occupancy shall be issued until the code enforcement officer and public works director approves the completed driveway construction.

Cross reference— Driveway permit, § 78-1495.

(Ord. of 9-18-2001, § 5.3.1.3; Ord. of 3-16-2021(1))

(a)

Siting. Access driveways for multifamily and nonresidential uses shall be sited in the most appropriate location, given existing site topography and project layout, surrounding land uses, and prevailing traffic conditions.

(b)

Orientation. The orientation of driveways is as follows:

(1)

All driveways shall be oriented at 90 degrees to the street or private way.

(2)

The planning board may permit driveway intersections with the street at an angle not to exceed 60 degrees in circumstances where the nature of the use or existing highway alignment precludes a right-angle intersection.

(c)

Sight distance. All driveways servicing nonresidential and multifamily uses shall be designed so as to meet or exceed sight distance standards established in section 78-1466(c).

(d)

Number of driveways along local streets. Along local streets and private ways, one driveway shall be permitted for each street or private way fronting the parcel.

(e)

Driveways on major roads. Along arterial and collector streets, multiple driveways servicing a single parcel may be permitted, provided the minimum separation between each driveway meets the following criteria:

(f)

Offset from intersections. Intersection offsets shall be as follows:

(1)

No driveway shall be located within 50 feet of the curbline tangent of intersecting local streets and/or private ways.

(2)

A minimum 100-foot separation shall be maintained between any driveway and the curbline tangent of intersecting arterial and/or collector streets. Based on existing or projected traffic conditions, the planning board may require more than 100-foot separation distances.

(g)

Divided driveways. One-way drives divided by a center planted island measuring between five and ten feet in width and extending from the right-of-way line to the parking area shall be regarded as a single driveway.

(h)

Joint driveways. Joint or shared driveways providing access to two adjacent properties shall be encouraged.

(Ord. of 9-18-2001, § 5.3.2.1)

(a)All

driveways for multifamily and nonresidential uses shall be designed to accommodate the volume and physical turning characteristics of vehicles anticipated to use the off-street parking and/or loading facilities. Widths of driveways at the street should be minimized wherever possible. Minimum and maximum widths for driveways shall be measured at the point where the driveway meets the improved surface of the public or private roads. Minimum and maximum driveway widths are established as follows:

(b)

All driveways shall provide enough length, as determined by the code enforcement officer and public works director, to prevent vehicles parked in the driveway from blocking or interfering in any way with vehicle, bicycle and pedestrian passage on public or private roads and sidewalks.

(Ord. of 9-18-2001, § 5.3.2.2; Ord. of 3-16-2021(1))

(a)

On arterial or collector streets, for a multifamily and nonresidential use, any egress driveway generating in excess of 50 vehicles during the peak hour shall provide a separate right turning lane.

(b)

On arterial or collector streets any use generating in excess of 30 left-turning vehicles during the peak hour shall construct a turning lane in the public street or private way.

(Ord. of 9-18-2001, § 5.3.2.3)

All nonresidential and multifamily dwellings driveways shall meet the following specifications:

(1)

Driveway grades. No driveway shall exceed a grade of ten percent over the entire length of the drive. Within 30 feet of a public street or private way, the driveway grade shall not exceed three percent.

(2)

Driveway profiles. Vertical curves of all driveways shall be designed to prevent contact between the undercarriage of the vehicle and the driveway surface.

(3)

Driveway cross sections. Driveway cross sections shall be as follows:

a.

All commercial and nonresidential driveways servicing at least 20 vehicle trips per day shall be constructed with a base of 12-inch compacted gravel or crushed aggregate. The planning board or staff conducting administrative site plan review may require an additional gravel base depending on the nature and load of the anticipated traffic.

b.

Driveways shall be paved with bituminous concrete, brick pavers, concrete pavers, or poured-in-place concrete. The planning board may permit crushed stone or gravel as a driveway surface when the proposed use generates less than 20 vehicle trips per day or pavement would detract from the character of the use (i.e., nature preserve, campground, etc.).

c.

All portions of a permitted unpaved drive located within 15 feet of a public street or private way shall be paved with a minimum of 1.5 inches of bituminous concrete on a minimum 12-inch gravel base.

d.

Where a driveway crosses an existing or proposed public sidewalk, the materials, dimensions and integrity of the sidewalks shall be maintained.

(Ord. of 9-18-2001, § 5.3.2.4)

No driveway shall be constructed without first securing a driveway permit from the code enforcement officer and public works director and posting a cash or security bond in the amount of $1,000.00 with the public works director. No certificate of occupancy shall be issued until the code enforcement officer and public works director approves the completed driveway construction.

(Ord. of 3-16-2021(1))

Cross reference— Driveway permit provisions of driveway design specifications, § 78-1468(d).

All drive-through facilities shall conform to the standards in this subdivision.

(Ord. of 9-18-2001, § 5.3.3)

(a)

All drive-through lanes shall be physically separated from on-site parking areas and associated circulation lanes and driveways, preferably by a planted traffic island as specified by the planning board.

(b)

Lane width shall be a minimum of 12 feet

(c)

Lanes shall be provided with adequate signage, striping, and pavement arrows to control and direct vehicles.

(Ord. of 9-18-2001, § 5.3.3.1)

(a)

Drive-through lanes shall be designed to move traffic in a counterclockwise direction around the principal building.

(b)

Drive-through uses located within a shopping center or other combined use facility shall not directly access the public street.

(c)

No drive-through facility shall access a public street within 50 feet of a street intersection.

(Ord. of 9-18-2001, § 5.3.3.2)

Drive-through lanes shall be designed to accommodate the following queue loads of vehicles outside of parking lot circulation lanes or driveways:

(Ord. of 9-18-2001, § 5.3.3.3)

(a)

Drive-through lanes shall be designed to create minimum pedestrian and vehicular conflict. In all cases, the drive-through lane shall not cross the primary pedestrian path to the principal entry of the building.

(b)

Traffic control devices such as stop signs and speed bumps and crosswalk makings shall be provided where appropriate to maintain pedestrian and customer safety.

(Ord. of 9-18-2001, § 5.3.3.4)

(a)

All parking lots shall be designed to conform to the natural topography of the site, preserve significant natural features and vegetative stands, and shall minimize voids in the building fabric and streetscape.

(b)

Parking aisles shall generally be oriented to the principal buildings or uses on the site and, where possible, shall provide clearly delineated pedestrian walks to the building entrances.

(c)

The interior design of parking lots should be visually legible to motorists, and provide free and uninterrupted circulation of motor vehicles and emergency apparatus.

(d)

Driveways and pedestrian dropoffs should approach the principal building from the right to enable passengers to step immediately from the vehicle to the sidewalk.

(e)

Dropoff drives shall generally be one way and provide a counterclockwise circulation pattern.

(f)

Pedestrian sidewalks shall be provided along aisles and driveways between parking areas and the principal building or destination. Sidewalks shall be elevated a minimum of six inches above the street pavement at the gutterline and shall provide a minimum four-foot wide travelway without obstruction.

(Ord. of 9-18-2001, § 5.3.4.1)

(a)

Stall access. All parking stalls shall be directly accessible only from an off-street parking aisle. No stall shall be accessed through another parking stall or directly from a public street or private way.

(b)

Dimensions. The width of all parking lot aisles and the dimensional layout of parking areas shall conform to the minimum standards established in this subsection. Only one-way traffic shall be permitted for all parking aisles with a stall orientation of less than 90 degrees to the aisle. The minimum standards are as follows:

(c)

Compact car stalls. Up to 40 percent of the total number of parking lot spaces required under this division may consist of compact car stalls. Stall dimensions for compact cars shall conform to the standards established in subsection (b) of this section, and all designated spaces shall be clearly signed to identify exclusive use by compact vehicles.

(d)

Multiple stall orientations. Parking stalls of differing orientations to the aisle shall be separated by a curbed planting island. Where two parking orientation layouts use the opposite sides of the same aisle, the larger aisle width dimension required under subsection (b) of this section shall prevail.

(e)

Parking lot grades. Maximum surface gradient of parking stalls shall not exceed six percent. Unless the parking area is part of a comprehensive stormwater detention system designed and stamped by a professional engineer, the minimum parking gradient shall be one-half percent.

(f)

Wheel stops and curbs. Wheel stops and curbing consisting of concrete, wood, stone or other durable material shall be installed where appropriate to prevent vehicle overhang onto sidewalks and collision with walls and structures. Sidewalks abutting all parking stalls except parallel parking orientation shall be a minimum of 6.5 feet wide to accommodate vehicle overhang.

(g)

Pavement. All commercial and valet parking lots and all parking lots serving nonresidential and multifamily residential uses shall be paved with either bituminous concrete, poured-in-place concrete, manufactured pavers, or porous paving systems. Parking lots located within the DD-1, DD-2, BRD, NC-1, NC-2, NC-3, NC-4 and the R-3 districts shall, wherever possible, install porous pavement surfaces on all nonhandicap parking spaces, in order to minimize surface runoff into town drainage systems. The planning board may permit the application of crushed stone, or similar porous paving system in lieu of impervious pavement for parking lots serving home occupations, agricultural uses and farm stands, garden nurseries, and any use where an impervious surface conflicts with the visual character of the property or surrounding properties.

(h)

Delineation and striping of parking lots. All parking lots, parking bays, and aisles constructed with impervious surface shall be striped with an indelible paint or by changes in paving material. Directional arrows, stop bars, fire lanes and other appropriate traffic control signage as well as handicap space designation shall be painted on the pavement surface.

(Ord. of 9-18-2001, § 5.3.4.2)

All parking lots shall provide a suitable on-site disposal area to accommodate plowed snowfall. Snow disposal areas shall not be located in designated pedestrian walks or pathways.

(Ord. of 9-18-2001, § 5.3.4.3)

All parking lots shall be landscaped to mitigate impacts and the visual dominance of parking areas. Mitigation measures shall include but not be limited to the following:

(1)

Screening. Wherever possible, parking lots shall be screened from the public street and parking lots on adjacent parcels by earthwork, depressed surface elevation, vegetation, fences/walls or combinations thereof.

(2)

Buffering. Parking lots shall be buffered from adjacent properties, especially residential parcels, unless the adjacent parcel supports shared or associated parking facilities as permitted in individual district regulations. Buffering methods shall include but not be limited to earthwork, depressed surface elevation, vegetation, fences/walls or combinations thereof.

(3)

Street trees. Street trees shall be planted along the frontage of parking lots with public streets, where applicable and in accordance with subdivision II of division 7 of this article.

(4)

Island plantings. Curbed and planted islands shall be constructed every 120 linear feet between parking rows and at the terminus of every parking row. Minimum planting material shall consist of the following:

a.

Shade trees. One shade tree of a minimum three-inch caliper installed 30 feet on center along the entire length of the planting island; or one medium- to small-sized flowering tree of a minimum two-inch caliper installed 20 feet on center along the entire length of the planting island.

b.

Understory plantings. Planting islands shall have understory vegetation consisting of woody shrubs, perennial flowers, herbaceous ground cover or grass.

When the planting of shade trees creates a safety problem or is impractical due to site constraints, woody shrubs may be substituted at a density that will effectively cover 60 percent of the island area at plant maturity.

(Ord. of 9-18-2001, § 5.3.4.4)

Except where otherwise prescribed in this chapter, the minimum number of parking spaces required for specific land uses or combination of land uses within the town shall meet the following standards:

_____

(Ord. of 9-18-2001, § 5.3.5.1)

_____

All parking lots serving the public shall conform to the Americans with Disabilities Act of 1990 (ADA) by providing the following minimum number of handicap parking spaces and suitable access to and from public and private sidewalks:

(1)

Number of spaces. The number of handicap spaces to be provided shall be based on the total number of on-site parking spaces as indicated in the following table. One van-accessible parking space shall be provided for every eight handicap spaces, but no less than one van-accessible parking space shall be provided for each site.

(2)

Dimensions. Dimensions shall be as follows:

a.

Standard handicap space. Dimensions of standard handicap parking space shall be eight feet by 18 feet with a five-foot access aisle adjoining the space. Two handicap spaces may share the same access aisle.

b.

Van-accessible parking space. Van-accessible spaces shall be 11 feet by 18 feet with a five-foot access aisle alongside. Two van accessible spaces or one van accessible space and a standard handicap space may share the same access aisle.

(3)

Site location. All handicap spaces shall be sited within 75 feet of the principal building entrance.

(4)

Signage. All handicap spaces shall be identified by the international accessibility symbol (wheelchair symbol) on standing signage and painted on the pavement surface of each designated space.

(5)

Accessibility design standards. All parking spaces, walkways, and ramps between the principal building or use and the designated handicap parking area shall meet the following standards:

a.

Surface materials. Surface materials shall consist either of bituminous, concrete, or brick pavement or a hard-packed surface material that shall provide little resistance to wheelchair mobility. Surface materials at the intersection of the walkway and lanes of vehicular traffic shall provide a change of surface material in compliance with ADA requirements.

b.

Gradient. Any designated handicap walkway with a slope exceeding 1:20 (five percent) over a distance of ten linear feet shall be regarded as a handicap ramp. No designated handicap ramp shall exceed a gradient of 1:12 (8.3 percent) for a maximum elevation rise of 30 inches without providing a rest landing measuring five feet by five feet. Maximum cross slope on a handicap ramp landing shall not exceed 1:50 (two percent).

c.

Handrails. All designated handicap ramps shall provide handrails on both sides of the ramp that meet ADA requirements. This standard shall not apply to street curb ramps.

d.

Width. Designated handicap ramps accessing a building shall be a minimum of 36 inches in width. All new sidewalks shall be constructed to a minimum width of 60 inches. Designated handicap ramps and walkways shall be free of obstructions or objects protruding into the airspace of the ramp to a height of seven feet or less from the surface of the ramp. Reconstruction of sidewalks along existing public streets shall provide a minimum travel lane of 36 inches.

(Ord. of 9-18-2001, § 5.3.5.3)

(a)

The planning board may grant waivers from the standards of this division only in cases where the applicant can demonstrate that:

(1)

With respect to the number of parking spaces, the actual parking demand for the applicant's proposal is less than required in section 78-1566 and a reduction in the number of parking spaces will not create unsafe conditions for vehicles or pedestrians; or

(2)

With respect to standards other than the required number of parking spaces, the physical constraints of the site make compliance with the design standards of this division impractical or technically unfeasible, and modification of those standards will not create unsafe conditions for vehicles or pedestrians.

(b)

The planning board shall not grant any waivers from the following:

(1)

The handicap parking standards of section 78-1567, except for municipal uses where existing site constraints, such as existing public streets, make compliance impractical or technically unfeasible.

(2)

The stall dimensions of section 78-1542.

(Ord. of 9-18-2001, § 5.3.5.4)

Nonresidential uses requiring periodic loading and unloading of goods, supplies, or equipment shall provide off-street loading facilities in conformance with the performance standards in this subdivision.

(Ord. of 9-18-2001, § 5.3.7)

In order to promote pedestrian and traffic safety and maintain access for emergency vehicles, all loading/unloading activities shall be conducted off public streets and private ways and shall occur on the site destination for the loading activity. In urbanized sections of the town where off-street loading facilities are impractical, loading activities shall occur only in loading zones designated by the police chief.

(Ord. of 9-18-2001, § 5.3.7.1)

(a)

No loading dock servicing semitrailers shall be located in the front yard of the principal use except in the industrial district or the PMUD district.

(b)

Off-street loading facilities shall be designed so that no vehicle shall back up to a loading dock or facility from a public street or private way.

(c)

Wherever possible, driveways or access to loading facilities shall be physically separated from customer parking lots, walkways and driveway entrances.

(Ord. of 9-18-2001, § 5.3.7.2)

Loading facilities shall be screened from adjacent commercial or industrial properties in accordance with standards established in division 7 of this article pertaining to landscaping and buffering. In addition, any loading facility abutting a residential property shall install visual buffering of the facility in accordance with the standards established in division 7 of this article.

(Ord. of 9-18-2001, § 5.3.7.3)

Loading facilities may be lighted to the security requirements of the principal use; however, all illumination shall be consist of shielded cutoff lights that do not produce point-source glare from public streets, private ways, or abutting properties. With the exception of public streets and private ways, no lighting fixture shall cast more than 0.5 footcandle of illumination on an adjacent property.

(Ord. of 9-18-2001, § 5.3.7.4)

All signage for loading facilities shall conform to the standards of division 5 of this article pertaining to signs and the specific signage requirements of each zoning district.

(Ord. of 9-18-2001, § 5.3.7.4)

Commercial parking lots shall be permitted only in designated districts and shall be subject to the performance standards in this section.

(Ord. of 9-18-2001, § 5.5.1)

All commercial parking lots shall meet the standards of this division with the following additional requirements:

(1)

Maximum number of driveway entrances. Maximum number of driveway entrances to a public street shall be limited to one per 200 linear feet of frontage on a public street or private way

(2)

Maximum curb cut width. Maximum width of any driveway entrances at the gutterline of a public street or private way shall be 30 linear feet.

(Ord. of 9-18-2001, § 5.5.1.1)

All commercial parking lots shall be paved and striped in accordance with standards established in section 78-1542(g) and (h).

(Ord. of 9-18-2001, § 5.5.1.2)

All commercial parking lots shall provide adequate lighting to ensure user safety and security of the public. All commercial parking lot lighting shall meet the following standards:

(1)

Minimum surface illumination: one footcandle.

(2)

Light distribution: All luminaires shall be shielded to eliminate source glare and shall provide a cutoff light distribution.

(3)

Maximum luminaire height: 16 feet.

(4)

Maximum illumination permitted on adjacent properties: 0.5 footcandle.

(Ord. of 9-18-2001, § 5.5.1.3)

Notwithstanding section 78-1544, all commercial parking lots shall provide a minimum five-foot landscaped buffer strip between the parking area and all surrounding properties. The planning board may permit the erection of a minimum six-foot-high fence along the side and rear perimeter of the parking lot in lieu of landscaped plantings, provided the proposed fence conforms as specified by the planning board

(Ord. of 9-18-2001, § 5.5.1.4)

Commercial parking lots shall provide permanent restroom facilities open to the public consistent with the following ratios:

(Ord. of 9-18-2001, § 5.5.1.5)

Licensed commercial parking lots shall be permitted a maximum of one square foot of signage for every ten linear feet of lot frontage on a public street. All commercial parking lots shall post all parking rates within clear view of the public street or private way. Sign materials and sign lighting shall conform to the sign standards for the zoning district where the commercial parking lot is located.

(Ord. of 9-18-2001, § 5.5.1.6)

Valet parking lots are permitted only in districts where designated and only to meet parking requirements of section 78-1566 for a specific associated land use. All valet parking lots shall be meet the performance standards of this subdivision.

(Ord. of 9-18-2001, § 5.5.2)

Vehicle capacity of valet parking lot shall be based on a standard nine-foot by 18-foot parking space.

(Ord. of 9-18-2001, § 5.5.1.1)

(a)

Exemption. Valet parking lots are exempt from the requirements of section 78-1542(a) through (d), and all vehicles shall be queued within the confines of the valet lot.

(b)

Maximum number of driveway entrances. Maximum number of driveway entrances to a public street shall be limited to one driveway accessing onto a public street or private way.

(c)

Maximum curb cut width. Maximum width of any driveway entrances at the gutterline of a public street or private way shall be 24 linear feet.

(Ord. of 9-18-2001, § 5.5.1.2)

Valet lots shall be paved subject to section 78-1542(g). The use of porous pavement shall be encouraged; however, compacted gravel shall not be permitted as a surface material.

(Ord. of 9-18-2001, § 5.5.1.3)

Valet parking lots shall provide perimeter buffering and landscaping in conformance with section 78-1567.

(Ord. of 9-18-2001, § 5.5.1.4)

Valet parking lots shall be exempt from providing handicap spaces; however, the vehicle dropoff and retrieval location shall meet ADA standards as outlined in section 78-1567.

(Ord. of 9-18-2001, § 5.5.1.5)

Valet parking lots shall be limited to one sign no larger than eight square feet located exclusively at the location in which customers drop off and retrieve their vehicles.

(Ord. of 9-18-2001, § 5.5.1.6)

The valet parking lot shall be open only during the hours of operation of the associated use. A valet attendant shall always be present at the parking lot during the hours of operation.

(Ord. of 9-18-2001, § 5.5.1.7)

All new construction of nonresidential and multifamily residential uses requiring plenary site plan review or a conditional use permit shall be subject to the performance standards in this division for landscaping and buffering.

(Ord. of 9-18-2001, § 5.6.1)

Agricultural uses excepting mineral extraction, home occupations, and municipal uses shall be exempted from this division.

(Ord. of 9-18-2001, § 5.6.2)

Street trees shall be installed along the public streets fronting any activity specified in sections 78-1746 and 78-1747.

(Ord. of 9-18-2001, § 5.6.3)

Street trees shall be installed along public streets in accordance with the following spacing and quantities:

(Ord. of 9-18-2001, § 5.6.3.1)

Where applicable, street trees shall be planted in locations specified by the planning board. Street trees shall be installed within the right-of-way of the public street. Where environmental conditions preclude installation of street trees within the public right-of-way, such trees may be installed on adjacent private property, provided the following conditions are met:

(1)

The center of the tree is located no further than 25 feet from the right-of-way property line; and

(2)

The property owner grants the town a maintenance easement that enables the town free access in perpetuity for horticultural maintenance purposes.

(Ord. of 9-18-2001, § 5.6.3.2)

The species of all proposed street trees shall be selected based on the following:

(1)

All proposed species shall be selected from the recommended street tree list as specified by the planning board.

(2)

Where applicable, species selection shall be made from species designated for the site in the master street tree plan.

(3)

All street tree species shall be selected for the site based on soil conditions, microclimate, site constraints (topography, utilities, etc.), scale of surrounding buildings and vegetation, and overall design concept of the project.

(Ord. of 9-18-2001, § 5.6.3.3)

Street trees shall be installed in accordance with section 78-1797.

(Ord. of 9-18-2001, § 5.6.3.4)

(a)

Applications. Landscaping shall be used to visually blend the proposed project into the vegetative and topographic character of the surrounding area or neighborhood, screen and buffer unrelated land uses and unsightly views, reduce the relative scale of buildings, create visual harmony, and improve property values.

(b)

Preservation of vegetation stands. In the development of any site, existing stands of mature trees or vegetation shall be preserved and integrated into the landscape plan wherever possible.

(c)

Plant selection. Proposed plant materials shall be selected for their cold-weather hardiness, ability to adapt to soil and salt conditions on the site, growth habit and ability to solve the design objective

(d)

Storage of materials. Construction materials, vehicles, or earth materials shall never be stored in areas designated as undisturbed vegetation zones within a project area.

(Ord. of 9-18-2001, § 5.6.1.1)

(a)

Quality of stock. All proposed street tree and landscaping plant specimens shall conform to the botanical and standards of size, culture, and quality for the highest grades and standards as adopted by the American Association of Nurserymen, Inc., in the American Standard or Nursery Stock, ANSI Z60.1 latest edition.

(b)

Installation method. All street trees and plant materials shall be planted in accordance with the landscape contract specifications and planting details as available from the planning department.

(Ord. of 9-18-2001, § 5.6.1.2)

Landscape plans required under articles IV, V and VII of this chapter shall include the following:

(1)

Landscape plan. A scaled site plan illustrating the location and mature dimensions of the proposed new plant material in relation to buildings, driveways, walkways, utilities, lighting fixtures, and other site features.

(2)

Planting list. A summary table indicating the botanical name of each plant species to be installed, the common name, the size of the specimen at planting, the quantity of each specie installed, and any additional planting notes.

(3)

Installation details. A detail drawing illustrating the proposed planting method.

(Ord. of 9-18-2001, § 5.6.1.3)

The application of screening, as required in this chapter, shall be for the purpose of defining a boundary line or partially obstructing views of land use activities from a specified viewpoint on other properties. Screening shall achieve between 25 percent to 74 percent visual obstruction from established viewpoints as specified by the planning board.

(Ord. of 9-18-2001, § 5.6.1.1)

The application of buffering, as required in this chapter, shall be for the purpose of visually obstructing views of land use activities from a specified vantage point on other properties. Buffering shall achieve between 75 percent to 100 percent yearround visual obstruction as specified by the planning board.

(Ord. of 9-18-2001, § 5.6.1.2)

Earthwork, vegetation, water, fences, walls, and other suitable structures or a combination thereof may be employed to achieve the required screening or buffering effect. The retention of natural vegetation and topography shall be employed as a screening tool whenever possible.

(Ord. of 9-18-2001, § 5.6.1.3)

(a)

Conifer buffers. Conifer vegetation employed for buffering purposes alone shall consist of a minimum of eight feet in height at installation and shall be planted six feet on center in an alternate pattern.

(b)

Mounding. Earthwork mounds used for screening or buffering purposes shall be installed with a slope of repose no greater than 3:1.

(Ord. of 9-18-2001, § 5.6.1.4)

Unless otherwise specified by the planning board, all designated screening and buffering shall achieve the required degree of visual obstruction within three years of installation.

(Ord. of 9-18-2001, § 5.6.1.5)

All structures, fences, walls, and vegetation used for screening and/or buffering shall be maintained at all times by the owner. Dead or diseased plant material shall be replaced immediately.

(Ord. of 9-18-2001, § 5.6.1.6)

Performance assurances for landscaping, screening or buffering under site plan review, conditional use, or shoreland zone permits shall be in the amount of ten percent of the total landscape budget and shall extend for a period of three years from the date of installation.

(Ord. of 9-18-2001, § 5.6.1.7)

All performance standards and procedures established in this division shall be applicable to all gravel pits, mining, and earth material extraction operations in existence as of April 12, 1995 as well as all new operations proposed after April 12, 1995. The standards of this division shall not apply to the following activities:

(1)

Any exploratory excavation, provided all excavated material is immediately replaced from the test pit, boring hole, or excavation trench.

(2)

Excavation incidental to site grading or construction for which a building permit has been issued.

(3)

Excavation of earth materials from one portion of a parcel to another location on the same parcel, to a contiguous parcel of the same owner, or to another parcel of the same owner if the material is to be used for agricultural purposes.

(4)

With the exception of topsoil, the removal of less than 100 cubic yards of earth material from a single parcel in a calendar year, providing the activity does not disturb more than one acre of surface area.

(5)

Municipal uses, including storage of earth materials associated with construction.

(Ord. of 9-18-2001, § 5.8.1)

(a)

All mineral extraction operations not meeting the exemption criteria of section 78-1886 shall register as an existing operation with the planning board by August 1, 1996 in order to retain status as an ongoing commercial operation.

(b)

Any mineral extraction operation failing to register as a certified existing operation by August 1, 1995 shall be deemed closed and may not resume operations until first obtaining a conditional use permit from the planning board.

(Ord. of 9-18-2001, § 5.8.2)

An applicant seeking status as an existing mineral operation shall submit an application to the planning board on forms provided by the planning department. Submissions shall include ten copies of the following:

(1)

A recent aerial photograph or topographic survey prepared by a licensed land surveyor showing the parcel property lines and the existing extent of extraction operations and illustrating the proposed limits of future excavation.

(2)

Sales receipts or other proof documenting that more than 100 cubic yards of earth material has been exported from the site during each calendar year over the past three years.

(3)

Information on the number of average daily truck trips off site, the amount of material exported off site on a monthly basis, the current depth of excavation, and information regarding on-site crushing or processing of material.

(4)

Evidence of compliance with applicable state department of environmental protection standards.

(5)

A nonrefundable registration fee, the amount of which is to be determined by the town council.

(Ord. of 9-18-2001, § 5.8.2.1)

Upon receipt of an application for status as an existing mineral operation, the planning board shall determine if the mineral excavation operation is in fact an ongoing commercial operation and meets all applicable state environmental laws. Those operations deemed to meet the criteria of this division shall be certified as an existing mineral operation. Operations failing to meet the planning board criteria shall be deemed as closed operations and shall not proceed with any mineral extraction activities until a conditional use permit is issued by the board, in accordance with this division.

(Ord. of 9-18-2001, § 5.8.2.2)

All existing mineral operations shall be valid for a period of two years from the date of issue and shall be renewable providing the owner supplies updated information specified in subdivision III of this division. Renewal fees shall be in an amount which is determined by the town council.

(Ord. of 9-18-2001, § 5.8.2.3)

(a)

No existing operation shall expand more than 50 percent of its current excavation area up to a maximum of three additional acres, unless the owner can demonstrate that planning board approval has been previously granted for an expansion area larger than three acres.

(b)

Any existing operation proposing to expand operations beyond the limits prescribed in section 78-1915 shall be required to make a conditional use application to the planning board under subdivision III of this division.

(Ord. of 9-18-2001, § 5.8.2.4)

Proposed new mineral extraction operations may be permitted as conditional uses within the rural, PMUD, and industrial districts.

(Ord. of 9-18-2001, § 5.8.3)

Mineral extraction may be permitted in designated districts, providing the planning board determines that the proposal meets all performance criteria contained in subdivisions IV and V of this division, all pertinent portions of article VII of this chapter pertaining to conditional uses, and the following criteria:

(1)

The operation will not adversely impact the marketability of properties within the industrial or PMUD district for concurrent development.

(2)

Duration of the operation will not exceed five years without reapproval from the planning board.

(3)

Upon closeout of mining operations, the site will be capable of supporting productive reuses consistent with the goals and requirements of the zoning district.

(4)

The proposed operation will not cause unreasonable impacts in terms of noise, dust, vibration, unsightly views, traffic impacts on public roads, groundwater and surface water contamination, soil erosion and sedimentation, and groundwater contamination.

(5)

The extraction activity will not cause premature deterioration of public streets and highways.

(Ord. of 9-18-2001, § 5.8.3.1)

Applications for a conditional use permit for mineral extraction operations shall be submitted to the code enforcement officer on forms provided by the planning department. Mineral extraction activities also require a site plan review approval and shall therefore be subject to the application and review procedures outlined in article IV of this chapter.

(Ord. of 9-18-2001, § 5.8.3.2)

The performance standards in this subdivision shall apply to all mining and earth excavation operations with the exception of certified existing operations.

(Ord. of 9-18-2001, § 5.8.4)

(a)

Extraction procedures shall not proceed to within five feet of the seasonal high water table. Water table and its seasonal high elevation shall be established by on-site exploratory borings recorded and verified by a professional engineer, geologist, or hydrogeologist licensed in the state.

(b)

No mineral extraction operations shall be permitted within 150 feet of any public way or property line. All existing vegetation within this setback shall be retained.

(c)

No mineral extraction activities shall occur within an existing stream or wetland.

(Ord. of 9-18-2001, § 5.8.4.1)

During extraction operations, the average gradient from the top of the cut bank to the foot of the slope shall not exceed 50 percent or 2:1 ratio of horizontal distance to vertical distance for gravel, sand, and unconsolidated earth materials. Quarrying of sedimentary rock materials shall not exceed a gradient of 1:1 or 100-percent slope. Igneous and metamorphic rock mining shall not exceed gradients of 90 degrees or vertical slopes.

(Ord. of 9-18-2001, § 5.8.4.2)

For all areas of excavation where slopes exceed 2:1 or 50 percent, there shall be installed a minimum six-foot-high solid or chainlink fence at the top of the cut bank to prevent unwary pedestrians and vehicles from falling over the bank. All fencing shall be maintained in good condition.

(Ord. of 9-18-2001, § 5.8.4.3)

(a)

Excepting access driveways, no portion of the mineral extraction operation shall be visible from a public way or public lands, nor shall the excavation operations be visible from the first floor elevation of any residence or commercial structure located within 1,000 feet of the property containing the mineral extraction operation. Buffering procedures as specified in subdivision IV of division 7 of this article may be employed to meet the requirement of this section.

(b)

The planning board may modify the requirements of this section to facilitate final closeout of the extraction operation, reclamation of the property, or for any similar purpose in which the visual impact upon nearby properties persists for less than six months.

(Ord. of 9-18-2001, § 5.8.4.4)

(a)

All on-site fueling of excavation equipment and associated machinery shall be performed on a pavement pad consisting of a nonporous surface and constructed so to contain any spillage of fuels, liquid petroleum products, or any other material that poses a threat to groundwater or surface water quality.

(b)

All fuel, liquid petroleum products, and associated materials shall be stored within enclosed storage containers. If such containers are stored outside of an enclosed and locked structure, such storage area shall be enclosed by a minimum eight-foot-high chainlink or solid fence and accessed only through a locked gate.

(c)

All explosives shall be stored within an enclosed building and shall be kept secure at all times.

(Ord. of 9-18-2001, § 5.8.4.5)

All access roads for the mineral extraction activities that are within the 150-foot setback area specified in section 78-1962 shall be paved or provided with a dustfree surface as prescribed by the planning board.

(Ord. of 9-18-2001, § 5.8.4.6)

Hours of operation of the mineral extraction activities shall be limited to 6:30 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 3:00 p.m. on Saturdays. The planning board may extend the hours of operation on any day, except no operations shall occur on Sundays, providing that the operation will not unreasonably interfere with the peace and use of neighboring properties or cause an unreasonable use of travel routes to and from the operation.

(Ord. of 9-18-2001, § 5.8.4.7)

(a)

Rock and gravel crushing shall be permitted as an accessory activity to gravel mining or quarrying operations. Crushers shall be limited in operation to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday or any more restrictive hours as prescribed by the planning board to preserve the residential quality of surrounding neighborhoods.

(b)

No more than 35 percent of all materials crushed or otherwise processed annually on the site may be imported from another location.

(Ord. of 9-18-2001, § 5.8.4.8)

(a)

Transportation routes to and from the site of the mineral extraction activities must be confined primarily to designated collectors, and all routing plans prescribed by the planning board shall be strictly observed. In order to preserve public safety, the planning board may require the applicant to effect necessary design and/or surface improvements to public roads in order to accommodate safe passage of the associated trucking.

(b)

The planning board may require performance assurances from the applicant to effect repairs or reconstruction of public roads if the extraction operation's trucking activity has prematurely denigrated the structural or surface integrity of the public roads.

(Ord. of 9-18-2001, § 5.8.4.9)

Blasting activities for mineral extraction may be approved by the planning board only under the following circumstances:

(1)

The applicant is able to conclusively demonstrate that blasting is essential to the economic viability of the operation.

(2)

The applicant is able to conclusively demonstrate that blasting will be conducted in a manner that causes no damage or undue disturbance to surrounding properties.

(3)

The applicant carries sufficient insurance to protect nearby property owners from any damage arising from the blasting activity.

(4)

The applicant is able to conclusively prove that all blasts will be comprehensively monitored by the applicant and licensed blasting personnel.

(5)

The applicant files notice of the date and time of proposed blasting activities with the planning department and all abutters seven days prior to the commencement of each blasting event.

(Ord. of 9-18-2001, § 5.8.4.10)

(a)

Erosion and sedimentation arising from the mineral extraction activities shall follow all guidelines as prescribed by the county soil conservation district and sediment control plans approved by the planning board.

(b)

Rock quarrying activities shall implement runoff pretreatment procedures to minimize mineral leachate prior to disposal into surface water or groundwater on and off site.

(c)

All soil erosion, sedimentation, and runoff pretreatment devices and structures shall be kept in prime operating condition at all times.

(Ord. of 9-18-2001, § 5.8.4.11)

All existing operations engaged in expansion of extraction activities under section 78-1915 and all new mineral extraction operations shall rehabilitate the extraction site in accordance with reclamation plans approved by the planning board. Existing operations filing a reclamation plan with the board shall have all pertinent fees waived.

(Ord. of 9-18-2001, § 5.8.4.1)

All existing and new mineral extraction operations of less than five acres shall complete implementation of the approved reclamation plan within nine months after closure or termination of operations on the site. Operations on sites of greater than five acres shall implement phased reclamation plans in accordance with their approved reclamation plan. No new phase of extraction shall commence until rehabilitation of the previous phase is completed to the satisfaction of the planning board.

(Ord. of 9-18-2001, § 5.8.4.2)

A mineral extraction operation shall be deemed closed if the limits of excavation approved by the planning board is achieved or if the applicant fails to extract 400 cubic yards of material in any two-year period. Upon designation as a "closed operation," the operator is obligated to meet all provisions of the reclamation plan within nine months.

(Ord. of 9-18-2001, § 5.8.4.3)

Reclamation of the extraction site shall be conducted to accommodate a specific and productive reuse of the site.

(Ord. of 9-18-2001, § 5.8.4.4)

(a)

Topographic design. all disturbed areas shall be regraded to create natural appearing landforms that are compatible in form, shape, direction, and slope with surrounding landforms. The planning board shall have the flexibility to approve sculptured or dramatic landforms, providing these new landforms are compatible with the visual character of the proposed reuse of the site.

(b)

Final gradients. Maximum slopes shall be determined based on the physical qualities of the soil:

(c)

Drainage. Grading of the site shall be performed in a manner that ensures adequate surface drainage of runoff, prevents standing water, and protects against erosion as well as sedimentation into surface waters.

(d)

Overburden. Overburden soil shall be either redistributed onto the site or shall be removed from the property. Broken ledge shall be trimmed of loose rock.

(e)

Soil stabilization. With the exception of exposed rock, all disturbed areas shall be loamed with a minimum of four inches of topsoil and planted with leguminous ground cover and other plant material approved by the planning board.

(f)

Reclamation guarantee. All rehabilitated mineral extraction sites shall carry a performance guarantee extending for period of 18 months following the completion of reclamation work. For phased reclamation plans, performance guarantees and the corresponding guarantee period shall apply only to the specific phase.

(Ord. of 9-18-2001, § 5.8.4.5)

Placement of individual mobile homes and manufactured housing units on individual house lots shall be permitted in the town if the following conditions are met:

(1)

The unit is designed for longterm occupancy and contains sleeping accommodations, flush toilet, a tub or showerbath, and kitchen facilities with plumbing and electrical connections provided for permanent attachment to outside systems.

(2)

The unit is located on a lot that is within the R-4 zoning district.

(3)

The unit and lot comply with all other requirements of this chapter and chapter 74 for single-family dwellings, and the use of the structure complies with the permitted uses set forth in the district in which the structure is located.

(4)

The unit is designed to have a permanent foundation, pitched, shingled roof with overhang and exterior siding that is residential in appearance as defined in 30-A M.R.S.A. § 4358. The unit shall incorporate skirting that is residential in appearance.

(5)

The unit shall be manufactured and installed in compliance with the Maine Manufactured Housing Act, 10 M.R.S.A. ch. 951, and in compliance with those section of the municipal building codes which do not regulate the same matters as the Manufactured Housing Act. As used in this subsection the municipal building codes are the building codes adopted by the town council. A manufactured housing unit which complies with this subsection may be installed regardless of its date of manufacture and whether or not it has been manufactured in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 70, or as amended from time to time.

(Ord. of 9-18-2001, § 5.10.1)

The purpose of this subdivision shall be to accommodate the creation and expansion of mobile home park development in a manner that will encourage and provide:

(1)

Preservation of open space;

(2)

Creation of recreation areas;

(3)

Preservation of environmentally significant areas;

(4)

Preservation of natural features; and

(5)

Promotion of a more efficient use of the land through the use of smaller networks of utilities and streets.

(Ord. of 9-18-2001, § 5.10.2)

(a)

Scope. All proposed mobile home park developments shall meet the general requirements of this division.

(b)

Permitted zones. A mobile home park is permitted only in the R-4 zoning district.

(c)

Construction codes. Construction standards are as follows:

(1)

Each manufactured housing unit in a mobile home park development shall be manufactured and installed in compliance with the Maine Manufactured Housing Act, 10 M.R.S.A. ch. 951, and in compliance with those sections of the municipal building codes which do not regulate the same matters as the Manufactured Housing Act. As used in this subsection, the municipal building codes are the building codes adopted by the town council. A manufactured housing unit which complies with this subsection may be installed regardless of its date of manufacture and whether or not it has been manufactured in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 70, or as amended from time to time.

(2)

The unit shall be constructed on a permanent reinforced six-inch concrete slab foundation with a full foundation skirt, pitched, shingled roof with overhang and exterior siding that is residential in appearance as defined in 30-A M.R.S.A. § 4358. The unit shall incorporate skirting that is residential in appearance.

(3)

Each housing unit sited in a new mobile home park development shall contain no less than 832 square feet of living area.

(d)

Ownership. The applicant must demonstrate to the planning board that the applicant has sufficient right, title and interest in the site of the mobile home park to control and complete its development as approved.

(Ord. of 9-18-2001, § 5.10.2.1)

The use of the land in a mobile home park shall consist of residential uses and accessory uses that are compatible to the development. Accessory uses may include recreation facilities, centralized residential storage areas, school facilities, community centers and day care centers. A temporary sales facility may be located on site and used for administration and sales activity. This facility shall not be used as a residence. A mobile home park lot may be used only as a site for a manufactured housing unit and shall not constitute a lot for any other purpose under this chapter.

(Ord. of 9-18-2001, § 5.10.2.2)

(a)

The minimum size of a mobile home park shall be equal to or greater than 20 acres.

(b)

The overall area of a mobile home park shall be no less than the combined area of the individual lots as allowed pursuant to section 78-2090(2), plus:

(1)

The area located within the full width of the right-of-way of any proposed public or private street, but not a driveway serving an individual unit.

(2)

The area required for buffer strips pursuant to section 78-2091(5).

(3)

The area required for open space pursuant to section 78-2091(14) and any area devoted to storage pursuant to section 78-2091(6), which combined areas shall be no less than ten percent of the combined area of the individual lots.

(4)

Individual lots shall not include any of the following:

a.

Any land area which is covered by water including lakes, ponds, streams, rivers, oceans or intertidal areas.

b.

Any land area identified as inland freshwater or coastal wetlands as defined by the U.S. Army Corps of Engineers.

c.

Any area of one or more contiguous acres with sustained slopes of 25 percent or more.

d.

Any land located within utility easements or right-of-way, if the restrictions preclude use of that land for development.

e.

Any land area identified as floodplain and important natural drainage areas and systems.

f.

Any land identified as having soil that is very poorly drained in accordance with the classifications of the National Cooperative Soil Survey as defined in the Soil Survey Manual of York County, Maine, Soil Conservation Service.

Any portion of the site which is cut off from the main portion of the site by an existing road, waterbody, or similar physical condition which interrupts the continuity of the site must independently meet the density requirements of this chapter.

(Ord. of 9-18-2001, § 5.10.2.3)

The dimensional requirements for a mobile home park shall be as follows:

(1)

Each lot shall leave a minimum street frontage (site width) of 50 feet. This footage shall be measured at the front setback line.

(2)

Each lot shall have a minimum area of 6,500 square feet.

(3)

The mobile home park shall have as its goal as much variation in front setback from unit to unit as possible:

a.

But in no case shall the rear setback be less than 15 feet.

b.

The front setback shall be at least 15 feet from the street right-of-way, and no more than two adjacent homes shall have the same front setback, with the third home having a minimum of a ten-foot difference in front setback.

c.

Side yard spacing between units shall be a minimum of 30 feet exclusive of noncombustible accessory structures which shall have a minimum clearance of 15 feet from adjacent structures.

(Ord. of 9-18-2001, § 5.10.2.4)

Except as stipulated in this section, mobile home parks shall meet all the requirements for a residential subdivision and shall conform to all applicable state laws and local ordinances or regulations. Where this section conflicts with specific sections of chapter 74, this section shall prevail. Design specifications to be met shall include the following:

(1)

Road design, circulation, and traffic impacts. All streets, roads, access drives and parking areas shall be designed to conform to reasonable safety standards. The road network shall provide for vehicular and pedestrian safety, emergency access, delivery/collection services, and snow storage. Streets within a park shall be designed by a professional engineer, registered in the state.

a.

Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standards for streets in chapter 74.

b.

Streets which the applicant proposes to remain private ways shall meet the following geometric standards:

1.

Minimum right-of-way width: 23 feet.

2.

Minimum width of traveled way: 20 feet.

c.

Any mobile home park expected to generate average daily traffic of 200 trips per day (40 units) or more shall 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 shall 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.

d.

No individual lot within a park shall have direct vehicular access onto an existing public street.

e.

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

1.

Angle of intersection. The desired angle of intersection shall be 90 degrees. The minimum angle of intersection shall be 75 degrees.

2.

Maximum grade within 75 feet of intersection. The maximum permissible grade within 75 feet of intersection shall be two percent.

3.

Minimum sight distance. A minimum sight distance of ten feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distance shall be measured from the driver's seat of a vehicle that is ten feet behind the curb or edge of shoulder line with the height of the eye 3½ feet above the pavement and the height of the object 4¼ feet.

4.

Distance from other intersections. The centerline of any street within a park intersection and existing public street shall be no less than 125 feet from the centerline of any other street intersection with that public street.

f.

The application shall contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, 1987 edition, published by the Institute of Transportation Engineers. If the park is projected to generate more than 400 trips per day (80 units), the application shall also include a traffic impact analysis, by a registered professional engineer with experience in transportation engineering.

(2)

Utilities. Utilities may be located anywhere within the mobile home park development, except transformer boxes, meters, pumping stations, and other components of the utility system which may be located above ground shall be located as not to be unsightly or hazardous to the public and shall be landscaped and buffered.

(3)

Utilization of parcel. The plan for the development shall reflect the natural capabilities of the site to support development. Buildings and support facilities shall be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas such as wetlands, steep slopes, floodplains and unique natural features may be included in the common open space area. Natural drainage areas shall be preserved to the maximum extent.

(4)

Relationship of residences to open spaces. The dwelling units and other improvements shall be located so that each unit has access to the open space and/or recreational facilities. The open space shall be located to enhance the living environment of each unit in the development.

(5)

Buffering. The plan for the development shall provide buffers of 50 feet deep, including individual lot setbacks, from the sidelines of existing streets and adjacent properties used for residential purposes unless the applicant demonstrates that the per-acre density of homes within the mobile home park is less than two times greater than:

a.

The density of the residential development on the immediately adjacent parcels of land; or

b.

If the immediately adjacent parcels of land are undeveloped, the maximum net development density permitted by applicable municipal ordinances or state law.

The board shall have the discretion to waive the buffer distance to a maximum of 40 feet if it is determined by the board that the design lends itself to a more efficient use of the land and that adequate buffering to adjacent properties shall be established. No structures, streets or utilities may be placed in the buffer strip, except that utilities may cross a buffer strip in order to provide services to a mobile home park. The planning board may impose reasonable natural screening requirements within the first 20 feet of the buffer strip as measured from the exterior boundaries of the development.

(6)

Storage. Each dwelling unit shall have exclusive dedicated access to and use of private, lockable storage space, whether located within the individual dwelling sites or in common storage facilities. All storage facilities or spaces shall be an integral part of the development plan.

The development plan shall also make provisions for the safe storage of such items as recreational vehicles and boats.

All storage facilities shall be set back a minimum of 30 feet exclusive of noncombustible accessory structures which shall have a minimum clearance of 15 feet from structures in adjacent lots. All individual storage units shall not be greater than 90 square feet.

(7)

Pedestrian circulation. The development plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located within the street right-of-way or outside the street right-of-way in common open space. The system shall be designed to link residential units with recreation facilities, other common facilities, school bus stops and existing sidewalks in the neighborhoods. Pedestrian ways may take the form of sidewalks or walking paths.

(8)

Parking. Two off-street parking spaces shall be provided for each dwelling unit. In addition, any accessory uses to the development may require off-street parking in accordance with division 4 of this article.

(9)

Landscaping. The development plan shall provide for adequate landscaping within the project. The planning board shall approve a plan which includes a plant listing of size and location. The approved landscaping plan shall be considered an integral part of the planning board's approval of the mobile home park development, and the obligation to maintain the landscaping, including the replacement of any dead plant materials within one growing season, shall continue after approval.

(10)

Vehicular access to units. All vehicular access to buildings and sites shall be from a street within the development and not from an existing public road.

(11)

Waterbodies. Where a mobile home park development abuts a body of water, a minimum 25 percent of the shoreline for a depth of 75 feet, as well as reasonable access to it, shall be a part of the common land and open space.

(12)

Water supply. All units in a mobile home park development shall be connected to a public water supply and distribution system.

(13)

Sewage disposal. All units in a mobile home park development shall be connected to the public sanitary sewer system.

(14)

Common open space. Areas comprising a portion of the mobile home park shall be permanently dedicated as common open space. The total area dedicated to common open space, together with any area devoted to storage as required by subsection (6) of this section, shall be a minimum of ten percent of the combined area of the individual lots of the mobile home park. Land used to meet this requirement may include fields, pastures, utility easement or right-of-way, woodlands, waterbodies, wetlands and marshes, and manmade recreational facilities, such as but not limited to tennis courts, pools and tot lots. Land not to be included as common open space is land covered by manmade structures or improvements such as dwellings, garages, storage sheds, patios, parking areas, driveways, street rights-of-way, and drainage easements. If it is determined by the planning board that the open space cannot accommodate active recreational facilities in an appropriate manner, the planning board shall have the discretion to allocate up to a maximum of 40 percent of the ten-percent open space for the storage and recreation requirement as outlined in this section.

a.

This land, in whole or in part, shall be controlled by the owner or one or more of the following methods:

1.

Dedication to the town as public open space land;

2.

Transfer, with permanent restrictions, to a land trust or other recognized conservation organization; and/or

3.

The owner may grant a conservation easement for the purpose of public access and benefit.

The planning board shall approve the arrangements for the ownership, control and maintenance of the common open space as part of the approval of the final plan. No changes in the use or management of the common open space shall be made without planning board approval.

b.

The arrangements for the ownership and management of the common open space shall provide for, at least, the following:

1.

The area be permanently maintained as open space;

2.

There shall be no division of the property; and

3.

No structures or buildings other than recreational facilities shall be erected in the open space.

(Ord. of 9-18-2001, § 5.10.2.5)

(a)

Criteria. Prior to approving a mobile home park, the planning board shall find that the plan:

(1)

Is acceptable pursuant to section 74-2 and is in accordance with state statue governing subdivision review, and the town land use regulations and ordinance, including but not limited to subdivision regulations and ordinances, shall apply except for those requirements which limit the number of lots in a mobile home park, or which circumvent the intent of the state Manufactured Housing Act.

(2)

Protects environmentally sensitive areas as defined in section 78-2091(3).

(3)

Makes optimal utilization of site features by placing the buildings and lots in those areas of the site most suitable for development and protecting natural drainage features and scenic resources.

(4)

Provides for the permanent preservation and maintenance of common open space areas.

(5)

Creates a relationship between the developed portions of the site and the common open spaces which benefits all units in the project.

(b)

Approval procedure. The planning board shall follow the approval procedures set forth in article VII of this chapter and section 74-32.

(c)

Supplemental submission requirements. In addition to the materials required to be submitted under the town's subdivision regulations in chapter 74, the following additional information shall be submitted to the planning board:

(1)

A detailed soil erosion and sedimentation plan.

(2)

A site inventory plan identifying the major development opportunities, constraints and natural features of the site. This plan shall identify natural drainage features, environmentally sensitive areas, prime development areas, scenic vistas, soils, woodlands, general vegetation and other significant manmade and natural features of the site.

(3)

A detailed site plan showing the mobile home park lots and the location of all buildings and structures, recreation facilities and service facilities.

(4)

A detailed landscaping plan showing the location, size and type of all landscaping proposed to be installed and areas to be left in their natural state.

(5)

The common open space shall be shown on the development plan and with appropriate notation on the face thereof to indicate that the common open space shall be permanently maintained as open space and that there shall be no division of open space.

(6)

Legal documents relating to the ownership, use, management and maintenance of all common facilities, including open space, recreation facilities, utilities, roads and parking areas and structures. Legal documents shall also restrict sites from being sold to individuals unless the use of the property as a mobile home park is discontinued or abandoned and an alternative use is approved pursuant to ordinances and laws then in effect.

(7)

A copy of the proposed park rules and regulation.

(Ord. of 9-18-2001, § 5.10.2.6)

The approved plan for the mobile home park development, including any legal documents relating to the ownership and management of common facilities, shall be filed by the applicant in the county registry of deeds within 90 days of planning board approval, unless the filing period is extended by the planning board upon written request for extension made before the expiration of the 90 days. If the plan is not so recorded, planning board approval shall expire, without prejudice to the resubmission of the plan.

(Ord. of 9-18-2001, § 5.10.2.7)

All development activities for a mobile home park, including site work, clearing, construction of buildings and utilities, and landscaping, shall be in accordance with the approved plan.

(Ord. of 9-18-2001, § 5.10.2.8)

No variation from or modification of the approved plan for a mobile home park shall be allowed unless first reviewed by the planning board under this subdivision and approved as an amendment to the originally approved plan.

(Ord. of 9-18-2001, § 5.10.2.9)