The purposes of this article are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

(Ord. No. 00-38, § 9.1, 3-13-00)

This article has been prepared in accordance with the provisions of 38 M.R.S.A., §§ 435—449.

(Ord. No. 00-38, § 9.2, 3-13-00)

This article applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond, or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This article also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.

(Ord. No. 00-38, § 9.3, 3-13-00)

(a)

Effective date of article and amendments. This article, and the amendments to other articles to adopt the current version of the State of Maine Guidelines for Municipal Shoreland Zoning (collectively "Shoreland Zoning Amendments") which were adopted by the Municipal Legislative Body on June  8  2009, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Shoreland Zoning Amendments, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on the Shoreland Zoning Amendments, within 45 days of his/her receipt thereof, they shall be automatically approved.

Any application for a permit submitted to the municipality within the 45-day period shall be governed by the terms of the Shoreland Zoning Amendments, if approved by the Commissioner.

(b)

Repeal of prior shoreland zoning provisions. Upon the effective date of the Shoreland Zoning Amendments pursuant to subsection 18-264(a) above, the provisions of these Land Use Regulations indicated by strikeout shall stand repealed. Provided, however, that said provisions shall remain in effect for the prosecution of any violations thereof in existence as of the effective date of the Shoreland Zoning Amendments. The Shoreland Zoning Map, adopted by the municipal legislative body on October 17, 2005 is made part of this article.

(c)

Repeal of municipal timber harvesting regulation. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A., § 438-A(5), at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the shoreland zone. On the date established under 38 M.R.S.A, § 438-A(5), the following provisions of this article are repealed:

Section 18-273. Table of Land Uses, column 3 (Forest management activities except for timber harvesting) and column 4 (Timber harvesting);

Subsection 18-274(14) in its entirety; and

Section 18-31. Definitions, the definitions of "forest management activities" and "residual basal area".

NOTE: The statutory date established under 38 M.R.S.A., § 438-A(5) is the effective date of state-wide timber harvesting standards. That date is "the first day of January of the second year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commissioner of Conservation as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1992—2003 have either accepted the state-wide standards or have adopted an article identical to the state-wide standards." 38 M.R.S.A., § 438-A(5) further provides that "the Commissioner of Conservation shall notify the Secretary of State in writing and advise the Secretary of the effective date of the state-wide standards".

(Ord. No. 00-38, § 9.4, 3-13-00; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

A certified copy of this article shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this article shall be posted.

(Ord. No. 00-38, § 9.5, 3-13-00)

Should any section or provision of this article be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the article.

(Ord. No. 00-38, § 9.6, 3-13-00)

Whenever a provision of this article conflicts with or is inconsistent with another provision of this Land Use Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.

(Ord. No. 00-38, § 9.7, 3-13-00)

This article may be amended by majority vote of the Orono Town Council. Copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the Town Council and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within 45 days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the 45-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

(Ord. No. 00-38, § 9.8, 3-13-00)

(a)

Official shoreland zoning map. The areas to which this article is applicable are hereby divided into the following districts as shown on the official shoreland zoning map(s) which is (are) made a part of this article:

(1)

Resource Protection (RP);

(2)

Limited Residential (LR);

(3)

Limited Commercial (LC);

(4)

General Development (GD).

(b)

Scale of map. The official shoreland zoning base map shall be drawn at a scale of not less than: 1 inch = 2,000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

(c)

Certification of official shoreland zoning map. The official shoreland zoning map shall be certified by the attested signature of the Municipal Clerk and shall be located in the Town office.

(d)

Changes to the official shoreland zoning maps. If amendments, in accordance with section 18-268, are made in the district boundaries or other matters portrayed on the official shoreland zoning map, such changes shall be made on the official shoreland zoning map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

(Ord. No. 00-38, § 9.9, 3-13-00; Ord. No. 09-114, 6-8-09)

Unless otherwise set forth on the official shoreland zoning map, district boundary lines are property lines, the centerlines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact location of district boundary lines, the Orono Zoning Board of Appeals shall be the final authority as to location.

(Ord. No. 00-38, § 9.10, 3-13-00)

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

Nonconformance - See article X.

(Ord. No. 00-38, §§ 9.11, 9.12, 3-13-00)

(a)

Resource Protection District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the shoreland zone, except that areas which are currently developed and areas which meet the criteria for the Limited Commercial or General Development Districts need not be included within the Resource Protection District.

(1)

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of December 1, 2008. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river.

NOTE: The Natural Resources Protection Act, 38 M.S.R.A. §§ 480-A—480-Z, requires the Department of Environmental Protection to designate areas of "significant wildlife habitat". Significant wildlife habitat includes:

Habitat for species appearing on the official state or federal lists of endangered or threatened species; high and moderate value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; high and moderate value waterfowl and wading bird habitats, including nesting and feeding areas as defined by the Department of Inland Fisheries and Wildlife; critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; and shorebird nesting, feeding and staging areas and seabird nesting islands as defined by the Department of Inland Fisheries and Wildlife.

(2)

Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100-year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

(3)

Areas of two or more contiguous acres with sustained slopes of 20 percent or greater.

(4)

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

NOTE: These areas usually consist of forested wetlands abutting water bodies and nonforested wetlands.

(5)

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement.

(b)

Limited Residential District. The Limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, and areas which are used less intensively than those in the Limited Commercial District or the General Development Districts.

(c)

Limited Commercial District. The Limited Commercial District includes areas of mixed, light commercial and residential uses, which should not be developed as intensively as the General Development Districts. This district includes areas of two or more contiguous acres in size devoted to a mix of residential and low intensity business and commercial uses. Industrial uses are prohibited.

(d)

General Development District. The General Development District includes the following types of existing, intensively developed areas:

(1)

Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:

a.

Areas devoted to manufacturing, fabricating or other industrial activities;

b.

Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and

c.

Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.

(2)

Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.

Portions of the General Development District may also include residential development. However, no area shall be designated as a General Development District based solely on residential use.

In areas adjacent to great ponds classified GPA and adjacent to rivers flowing to great ponds classified GPA, the designation of an area as a General Development District shall be based upon uses existing at the time of adoption of this ordinance. There shall be no newly established General Development Districts or expansions in areas of existing General Development Districts adjacent to great ponds classified GPA, and adjacent to rivers which flow to great ponds classified GPA.

(Ord. No. 00-38, § 9.13, 3-13-00; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in section 18-274. The district designation for a particular site shall be determined from the official shoreland zoning map.

Foot Notes:

¹

In RP not permitted within 75 feet of the normal high-water line of great ponds, except to remove safety

²

Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.

³

In RP not permitted in areas so designated because of wildlife value.

⁴

Provided that a variance from the setback requirement is obtained from the Board of Appeals.

⁵

(Reserved for future use)

⁶

See further restrictions in section 18-274(12).

⁷

Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the PB.

⁸

Except as provided in subsection 18-274(8).

⁹

Single-family residential structures may be allowed by special exception only according to the provisions of subsection 18-275(e), special exceptions. Two-family residential structures are prohibited.

¹⁰

Except for commercial uses otherwise listed in this table, such as marinas and campgrounds, that are allowed in the respective district.

¹¹

Excluding bridges and other crossings not involving earthwork, in which case no permit is required.

¹²

Permit not required but must file a written "notice of intent to construct" with CEO.

NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection pursuant to Title 38 M.R.S.A., § 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

a.

Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;

b.

Draining or otherwise dewatering;

c.

Filling, including adding sand or other material to a sand dune; or

d.

Any construction or alteration of any permanent structure.

(Ord. No. 00-38, § 9.14, 3-13-00; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

All land use activities within the shoreland zone shall conform with the following provisions, if applicable.

(1)

Minimum lot standards.

NOTE: In a district equivalent to a general development district that is served by municipal water and sewer systems the department may approve a municipal shoreland zoning article that provides for greater residential densities than set forth in subsection 18-274(1)(a) above.

b.

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.

c.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

d.

The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

e.

If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

NOTE: Municipalities may include provisions for clustered housing within the shoreland zone provided that the overall dimensional requirements, including frontage and lot area per dwelling unit, are met. When determining whether dimensional requirements are met, only land area within the shoreland zone shall be considered.

(2)

Principal and accessory structures.

a.

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the General Development District the setback from the normal high-water line shall be at least 25 feet, horizontal distance. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

In addition:

1.

The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

2.

On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the code enforcement officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

b.

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, and Limited Commercial Districts shall not exceed 35 feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

c.

The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils.

d.

The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed 20 percent of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the General Development Districts adjacent to rivers that do not flow to great ponds classified GPA, where lot coverage shall not exceed 70 percent.

e.

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:

1.

The site has been previously altered and an effective vegetated buffer does not exist;

2.

The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

3.

The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

4.

The total height of the wall(s), in the aggregate, are no more than 24 inches;

5.

Retaining walls are located outside of the 100-year floodplain on rivers, streams, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

6.

The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

7.

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

(i)

The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch:

A.

Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

B.

Only native species may be used to establish the buffer area;

C.

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;

D.

A footpath not to exceed the standards in subsection 18-274(15), may traverse the buffer;

NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a water body or tributary stream, a permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection.

f.

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A., § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

(3)

Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.

a.

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

b.

The location shall not interfere with existing developed or natural beach areas.

c.

The facility shall be located so as to minimize adverse effects on fisheries.

d.

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for noncommercial uses.

e.

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending below the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

f.

New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.

g.

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending below the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

h.

Except in the General Development District, structures built on, over or abutting a pier, wharf, dock or other structure extending below the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.

NOTE: New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.

(4)

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

a.

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

b.

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

(5)

Individual private campsites. Individual private campsites not associated with campgrounds are allowed provided the following conditions are met:

a.

One campsite per lot existing on the effective date of this article, or 30,000 square feet of lot area within the shoreland zone, whichever is less, may be permitted.

b.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

c.

Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.

d.

The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to 1,000 square feet.

e.

A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

f.

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

(6)

Commercial and industrial uses. The following new commercial and industrial uses are prohibited within the shoreland zone adjacent to great ponds classified GPA, and rivers and streams which flow to great ponds classified GPA:

a.

Auto washing facilities;

b.

Auto or other vehicle service and/or repair operations, including body shops;

c.

Chemical and bacteriological laboratories;

d.

Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms;

NOTE: 22 M.R.S.A. section 1471-U requires municipal articles that apply to pesticide storage, distribution or use be filed with the Maine Board of Pesticides Control, 28 State House Station, Augusta, ME 04333. If a municipality's article is more inclusive or restrictive than these Guidelines, as it pertains to pesticides, a copy of the article must be filed with the Board of Pesticides Control.

(e)

Commercial painting, wood preserving, and furniture stripping;

(f)

Dry cleaning establishments;

(g)

Electronic circuit assembly;

(h)

Laundromats, unless connected to a sanitary sewer;

(i)

Metal plating, finishing, or polishing;

(j)

Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas;

(k)

Photographic processing;

(l)

Printing.

(7)

Parking areas.

a.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities in districts other than the General Development District shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Orono Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

b.

Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland and where feasible, to retain all runoff on-site.

c.

In determining the appropriate size of proposed parking facilities, the following shall apply:

1.

Typical parking space: Approximately ten feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

2.

Internal travel aisles: Approximately 20 feet wide.

(8)

Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

a.

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river that flows to a great pond classified GPA, and 75 feet, horizontal distance from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Orono Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.

On slopes of greater than 20 percent the road and/or driveway setback shall be increased by ten feet, horizontal distance, for each five percent increase in slope above 20 percent.

Subsection 18-274(8)(a) does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of subsection 18-274(8)(a) except for that portion of the road or driveway necessary for direct access to the structure.

b.

Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.

c.

New roads and driveways are prohibited in a Resource Protection District except that the Orono Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the Orono Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

d.

Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in subsection 18-274(16).

e.

Road and driveway grades shall be no greater than ten percent except for segments of less than 200 feet.

f.

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

g.

Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:

1.

Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:

2.

Drainage dips may be used in place of ditch relief culverts only where the grade is ten percent or less.

3.

On sections having slopes greater than ten percent, ditch relief culverts shall be placed at approximately a 30 degree angle downslope from a line perpendicular to the centerline of the road or driveway.

4.

Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

h.

Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

(9)

Signs. The following provisions shall govern the use of signs in the Resource Protection, Limited Residential and Limited Commercial Districts:

a.

Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six square feet in area and shall not exceed two signs per premises. In the Limited Commercial District, however, such signs shall not exceed 16 square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

b.

Name signs are allowed, provided such signs shall not exceed two signs per premises, and shall not exceed 12 square feet in the aggregate.

c.

Residential users may display a single sign not over three square feet in area relating to the sale, rental, or lease of the premises.

d.

Signs relating to trespassing and hunting shall be allowed without restriction as to number provided that no such sign shall exceed two square feet in area.

e.

Signs relating to public safety shall be allowed without restriction.

f.

No sign shall extend higher than 20 feet above the ground.

g.

Signs may be illuminated only by shielded, nonflashing lights.

(10)

Stormwater runoff.

a.

All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

b.

Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

NOTE: The Stormwater Management Law (38 M.R.S.A. section 420-D) requires a full permit to be obtained from the DEP prior to construction of a project consisting of 20,000 square feet or more of impervious area or five acres or more of a developed area in an urban impaired stream watershed or most-at-risk lake watershed, or a project with one acre or more of developed area in any other stream, coastal or wetland watershed. A permit-by-rule is necessary for a project with one acre or more of disturbed area but less than one acre impervious area (20,000 square feet for most-at-risk lakes and urban impaired streams) and less than five acres of developed area. Furthermore, a Maine Construction General Permit is required if the construction will result in one acre or more of disturbed area.

(11)

Septic waste disposal.

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following:

1.

Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland; and

2.

Holding tank is not allowed for a first-time residential use in the shoreland zone.

NOTE: The Maine Subsurface Wastewater Disposal Rules require new systems, excluding fill extensions, to be constructed no less than 100 horizontal feet from the normal high-water line of a perennial water body. The minimum setback distance for a new subsurface disposal system may not be reduced by variance.

(12)

Essential services.

a.

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

b.

The installation of essential services, other than road-side distribution lines, is not allowed in a Resource Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

c.

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

(13)

Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

a.

A reclamation plan shall be filed with, and approved, by the Orono Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of subsections 18-274(c) and (d) below.

b.

No part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within 75 feet, horizontal distance, of the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted within 50 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

c.

Within 12 months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive 12-month period, ground levels and grades shall be established in accordance with the following:

1.

All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.

NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A., section 1301 and the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection's regulations may contain other applicable provisions regarding disposal of such materials.

2.

The final graded slope shall be two and one-half to one (2½:1) slope or flatter.

3.

Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

d.

In keeping with the purposes of this article, the Orono Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

(14)

Timber harvesting.

a.

In a Resource Protection District abutting a great pond, timber harvesting shall be limited to the following:

1.

Within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:

1.

The ground is frozen;

2.

There is no resultant soil disturbance;

3.

The removal of trees is accomplished using a cable or boom and there is no entry of tracked or wheeled vehicles into the 75-foot strip of land;

4.

There is no cutting of trees less than six inches in diameter; no more than 30 percent of the trees six inches or more in diameter, measured at four and one-half feet above ground level, are cut in any ten-year period; and a well-distributed stand of trees and other natural vegetation remains; and

5.

A licensed professional forester has marked the trees to be harvested prior to a permit being issued by the municipality.

2.

Beyond the 75-foot strip referred to in subsection 18-274(14)a. above, timber harvesting is permitted in accordance with section 18-274(14)b. below except that in no case shall the average residual basal area of trees over four and one-half inches in diameter at four and one-half feet above ground level be reduced to less than 30 square feet per acre.

b.

Except in areas as described in subsection 18-274(14)a. above, timber harvesting shall conform with the following provisions:

1.

Selective cutting of no more than 40 percent of the total volume of trees four inches or more in diameter measured at four and one-half feet above ground level on any lot in any ten-year period is permitted. In addition:

i.

Within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within 75 feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

ii.

At distances greater than 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, and greater than 75 feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet they shall be at least 100 feet, horizontal distance, apart. Such clearcut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.

c.

No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.

d.

Timber harvesting equipment shall not use stream channels as travel routes except when:

1.

Surface waters are frozen; and

2.

The activity will not result in any ground disturbance.

e.

All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

f.

Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

g.

Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least 75 feet, horizontal distance, in width for slopes up to ten percent shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten percent increase in slope, the unscarified strip shall be increased by 20 feet, horizontal distance. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland.

(15)

Clearing or removal of vegetation for activities other than timber harvesting.

a.

In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards.

Elsewhere, in any Resource Protection District the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

b.

Except in areas as described in subsection 18-274(15)a., above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

1.

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.

2.

Selective cutting of trees within the buffer strip is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this subsection a "well-distributed stand of trees" adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of 24 or more in each 25-foot by 50-foot rectangular (1,250 square feet) area as determined by the following rating system:

Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot rectangular area.

NOTE: As an example, adjacent to a great pond, if a 25-foot × 50-foot plot contains four trees between two and four inches in diameter, two trees between four and eight inches in diameter, three trees between eight and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

(4×1) + (2×2) + (3×4) + (2×8) = 36 points.

Thus, the 25-foot by 50-foot plot contains trees worth 36 points. Trees totaling 12 points (36 - 24 =12) may be removed from the plot provided that no cleared openings are created.

The following shall govern in applying this point system:

i.

The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

ii.

Each successive plot must be adjacent to, but not overlap a previous plot;

iii.

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this article;

iv.

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this article;

v.

Where conditions permit, no more than 50 percent of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of this subsection "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at four and one-half feet above ground level for each 25-foot by 50-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

Notwithstanding the above provisions, no more than 40 percent of the total volume of trees four inches or more in diameter, measured at four and one-half feet above ground level may be removed in any ten-year period.

3.

In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in subsections 18-274(15)b.1. above.

4.

Pruning of tree branches, on the bottom one-third of the tree is allowed.

5.

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

Subsection 18-274(15)b. does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

c.

At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40 percent of the volume of trees four inches or more in diameter, measured four and one-half feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40 percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25 percent of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the General Development or Commercial Fisheries/Maritime Activities Districts.

d.

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this article.

e.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of subsection 18-274(15).

(16)

Erosion and sedimentation control.

a.

All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

1.

Mulching and revegetation of disturbed soil.

2.

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

3.

Permanent stabilization structures such as retaining walls or riprap.

b.

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. 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.

c.

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

d.

Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure. In addition:

1.

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

2.

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

3.

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

e.

Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a 25-year storm or greater, and shall be stabilized with vegetation or lined with riprap.

(17)

Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

(18)

Water quality. No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or wetland.

(19)

Archaeological site. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

NOTE: Municipal officials should contact the Maine Historic Preservation Commission for the listing and location of Historic Places in their community.

(Ord. No. 00-38, § 9.15, 3-13-00; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

(a)

Administering bodies and agents.

(1)

Code Enforcement Officer: A Code Enforcement Officer shall be appointed or reappointed annually by July 1st.

(2)

Orono Zoning Board of Appeals: An Orono Zoning Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.

(3)

Orono Planning Board: An Orono Planning Board shall be created in accordance with the provisions of state law.

(b)

Permits required. After the effective date of this article no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use. A person who is issued a permit pursuant to this article shall have a copy of the permit on-site while the work authorized by the permit is performed.

(1)

A permit is not required for the replacement of an existing road culvert as long as:

a.

The replacement culvert is not more than 25 percent longer than the culvert being replaced;

b.

The replacement culvert is not longer than 75 feet; and

c.

Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.

(2)

A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's level 1 or level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.

(3)

Any permit required by this article shall be in addition to any other permit required by other law or ordinance.

(c)

Permit application.

(1)

Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in section 18-273.

(2)

All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.

(3)

All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.

(4)

If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface sewage disposal system.

(d)

Procedure for administering permits. Within 35 days of the date of receiving a written application, the Orono Planning Board or Code Enforcement Officer, as indicated in section 18-273, shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Orono Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this article.

The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this article.

After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

(1)

Will maintain safe and healthful conditions;

(2)

Will not result in water pollution, erosion, or sedimentation to surface waters;

(3)

Will adequately provide for the disposal of all wastewater;

(4)

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

(5)

Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

(6)

Will protect archaeological and historic resources as designated in the comprehensive plan;

(7)

Will avoid problems associated with floodplain development and use; and

(8)

Is in conformance with the provisions of section 18-274, Land Use Standards.

If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance, or regulation or statute administered by the municipality.

(e)

Special exceptions. In addition to the criteria specified in subsection 18-275(d) above, excepting structure setback requirements, the Planning Board may approve a permit for a single family residential structure in a Resource Protection District provided that the applicant demonstrates that all of the following conditions are met:

(1)

There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.

(2)

The lot on which the structure is proposed is undeveloped and was established and recorded in the Penobscot County Registry of Deeds before the adoption of the Resource Protection District.

(3)

All proposed buildings, sewage disposal systems and other improvements are:

a.

Located on natural ground slopes of less than 20 percent; and

b.

Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with article VIII of this chapter.

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be one-half the width of the 100-year floodplain.

(4)

The total ground-floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.

(5)

All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.

(f)

Expiration of permit. Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.

(g)

Installation of public utility service. A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the shoreland zone unless written authorization attesting to the validity and currency of all local permits required under this or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.

(h)

Appeals. See article III.

(i)

Enforcement. See article III.

(Ord. No. 00-38, § 9.16, 3-13-00; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

See article II.

(Ord. No. 00-38, § 9.17, 3-13-00)