Except for § 350-6.17, Timber harvesting: statewide standards, these ordinance provisions apply to all land areas, as currently mapped and in effect, within 600 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; within 100 feet, horizontal distance, of the normal high-water line of a stream; and any other land designated on the Official Raymond Land Use Map as a Resource Protection, Limited Residential/Recreation I or Limited Residential/Recreation II District. These ordinance provisions also apply to any structure built on, over or abutting a dock, wharf or pier, or other structure extending below the normal high-water line of a water body or within a wetland.

Section 350-6.17, Timber harvesting: statewide standards, when it becomes effective in accordance with § 350-1.4B, shall apply 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; within 75 feet, horizontal distance, of the normal high-water line of a stream. These ordinance provisions also apply to any structure built on, over or abutting a dock, wharf or pier, or other structure extending below the normal high-water line of a water body or within a wetland.

Effective date.

Former Section 15(P) and § 350-6.17. Former Section 15(P), Timber Harvesting, is repealed on the statutory date established under 38 M.R.S.A. § 438-B(5), at which time § 350-6.17 shall become effective. Until such time as Section 15(P) is repealed, § 350-6.17 is not in effect. [Note: The statutory date established under 38 M.R.S.A. § 438-A(5) is the effective date of statewide timber harvesting standards. That date is "the first day of January of the 2nd 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 ordinance 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."]

Official Raymond Land Use Map. The areas to which these ordinance provisions are applicable are hereby divided into the following districts as shown on the Raymond Official Land Use Map, which is made a part of these ordinance provisions:

Certification of Raymond Official Land Use Map. The Raymond Official Land Use Map shall be certified by the attested signature of the Town Clerk and shall be located in the Town Office.

Changes to the Raymond Official Land Use Map. If amendments are made in the district boundaries or other matters portrayed on the Raymond Official Land Use Map, in accordance with § 350-1.8, such changes shall be made on the Raymond Official Land Use Map within 30 days after the amendment has been approved by the Department of Environmental Protection.

Transfer of ownership. Nonconforming structures, lots and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of these ordinance provisions.

Repair and maintenance. These ordinance provisions allow, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state or local building and safety codes may require.

Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream or wetland setback requirements contained in § 350-6.3A. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure. A conforming situation cannot be made nonconforming and a nonconforming situation cannot be made more nonconforming.

Foundations. Whenever a new, enlarged or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in Subsection C, Relocation, below.

Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Code Enforcement Officer, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law, the State of Maine Subsurface Wastewater Disposal Rules (Rules), and the Town's standards, or that a new system can be installed in compliance with the law, said Rules and local standards. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Code Enforcement Officer shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Code Enforcement Officer shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 350-6.21. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

Reconstruction or replacement.

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the Board of Appeals, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream or wetland, or on the subject or adjacent properties and resources than the existing use. In determining that no greater adverse impact will occur, the Board of Appeals shall require written documentation from the applicant regarding the probable effects on public health and erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Code Enforcement Officer, be expanded within existing residential structures or within expansions of such structures as allowed by Article 3 of the Raymond Land Use Ordinance and by § 350-3.3A above.

Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use; except that the Board of Appeals may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.

Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Board of Appeals. The determination of no greater adverse impact shall be made according to criteria listed in § 350-3.3E above.

Nonconforming lots. A legal nonconforming lot of record as of the effective date of these ordinance provisions or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all requirements of these ordinance provisions and other relevant Town ordinances, except lot area, lot width and shore frontage, can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore and road frontage shall be obtained by action of the Board of Appeals.

Contiguous built lots. If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of these ordinance provisions, if all or part of the lots do not meet the dimensional requirements of these ordinance provisions, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. § 4807-A through § 4807-D) and the State of Maine and local Subsurface Wastewater Disposal Rules are complied with. If two or more principal uses or structures existed on a single lot of record on the effective date of these ordinance provisions, each may be sold on a separate lot, provided that the above-referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of these ordinance provisions.

Contiguous lots, vacant or partially built. If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of these ordinance provisions, if any of these lots do not individually meet the dimensional requirements of these ordinance provisions or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements, except when the landowner can meet the requirements of Article 3, § 300-3.4B, of the Raymond Land Use Ordinance prior to September 26, 1992.

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 MDIF&W. For purposes of this subsection, "wetlands associated with great ponds and rivers" shall mean areas characterized by nonforested 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.

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.

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

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 period of normal high water.

Land areas along rivers subject to severe bank erosion and undercutting.

Other land areas designated as "Resource Protection" on the Raymond Official Land Use Map.

(Reserved)[1]

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

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

See further restrictions in § 350-6.14B(2).

Except for Panther Run's floodplain, in which case a permit is required from the Planning Board.

Except to provide for permitted uses within the district, or where no reasonable alternative route or location is available outside the RP area, in which case a permit is required from the Planning Board.

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

Lots shall meet or exceed the following minimum lot size requirements:

Shore and road frontage.

The minimum building setbacks shall be as follows:

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.

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.

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. If more than one residential dwelling, 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 or principal structure or use.

Elderly housing as defined in the Land Use Ordinance shall:

All new permitted principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of any lakes, ponds, other water bodies, tributary streams or the upland edge of a wetland. In addition, the water body, tributary stream or wetland setback provision shall apply to neither structure that 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.

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.

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

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 level as defined by soil types identified as recent floodplain soils. Any new construction, including prefabricated buildings, shall be anchored to prevent flotation and lateral movement and shall be constructed with flood-resistant materials and methods. All new and replacement water supply and sewage disposal facilities shall be so located and designed as to minimize infiltration, contamination or other impairment by flooding.

The total footprint area of all structures, parking lots and other nonvegetated surfaces, within the Shoreland Zone, shall not exceed 15% of the lot or a portion thereof located within the Shoreland Zone, including land area previously developed. This limitation does not apply to public boat launching facilities regardless of the district in which the facility is located.

For the purposes of calculating lot coverage, nonvegetated surfaces include, but are not limited to, the following: structures, driveways, parking areas and other areas from which vegetation has been removed. Naturally occurring ledge and rock outcroppings are not counted as nonvegetated surfaces when calculating lot coverage for lots of record on March 24, 1990, and in continuous existence since that date.

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:

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.

No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in § 350-6.2, a second structure may be allowed and may remain as long as the lot is not further divided.

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

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

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

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

All temporary structures must be removed to beyond the normal high-water line by December 1 of each year, or a penalty of $100 per day beyond December 1 shall be imposed.

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

A structure constructed on a float or floats is prohibited unless it is designed to function as, and is registered with the Maine Department of Inland Fisheries and Wildlife as, a watercraft.

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

Structures built on, over or abutting a pier, wharf, dock or other structure extending beyond 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.

Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resource Protection Act, 38 M.R.S.A. § 480-C.

Vegetation may be removed in excess of the standards in § 350-6.18 of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.

Campgrounds shall contain a minimum of 20,000 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.

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 any lake, pond, other water bodies, tributary streams or the upland edge of a wetland.

Such private campgrounds shall be limited to no more than one campsite and may not be utilized for more than 90 calendar days per calendar year, beginning from the date of first use, including storage of a recreational unit; except the owner of a lot/parcel used as his/her primary residence may store the recreational vehicle(s) or camper(s) owned and registered to him/her. All structures must be removed at the end of the 90 days.

If two recreational vehicles or trailers are sited on one lot/parcel located in the Shoreland District, each shall contain at least 30,000 square feet; and in all other zones each campsite shall contain at least 30,000 square feet.

In no case shall two campsites comprise more than 50% of any lot/parcel, and in no case shall the campsite(s) comprise more than 50% of any lot/parcel which also has a seasonal or year-round structure on the lot/parcel.

When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite separately.

All setback requirements must be met, which shall apply to any part of a tent or recreational unit, including awnings.

A permit must be obtained before the first day of use.

The size of a tent or recreational unit on an individual campsite shall be limited to 280 square feet of floor area, measured from the overall outside dimensions.

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.

All waste must be disposed of according to all state and local regulations.

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 landowner is required.

Auto washing facilities;

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

Chemical and bacteriological laboratories;

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

Commercial painting, wood preserving and furniture stripping;

Dry-cleaning establishments;

Electronic circuit assembly;

Laundromats, unless connected to a sanitary sewer;

Metal plating, finishing or polishing;

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

Photographic processing;

Printing.

Parking areas shall meet the shoreline setback requirements for structures for the district in which such areas are located and shall also meet the off-street parking requirements contained in Article 9 of the Raymond Land Use Ordinance. The setback requirement for parking areas shall be 100 feet from the shoreline or tributary stream; provided, however, that the setback for a parking area serving a public boat launching facility may be reduced to 50 feet, horizontal distance, from the shoreline or tributary stream, if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

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

Parking areas shall be adequately sized for the proposed use and shall be designed to protect water resources and water bodies by a design effort to limit impervious areas, minimize soil disturbance, include vegetative buffers and provide screening to residential zones or uses. The number of parking spaces within a parking area shall be limited to the number of spaces required for the associated permitted use, as provided in Article 9, § 300-9.3, of the Raymond Land Use Code; as proposed as necessary by the applicant; or as approved by the Planning Board as essential to the land use proposed. For the purposes of this section, a traffic parking report must be provided by a licensed engineer to warrant the parking space requirements needed and shall include documentation noting the source of information, or the study or data for parking estimation, to justify the parking necessary.

In determining the appropriate individual parking space size within proposed parking area, the following shall apply:

Parking areas shall be designed and managed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland. Designs shall additionally incorporate measures which promote recharge of surface runoff by means of natural soil infiltration or by engineered best management practices as described in the Maine Department of Environmental Protection's Maine Stormwater Management Best Management Practices Manual: (http://www.maine.gov/dep/land/stormwater/stormwaterbmps/#manual). In determining the appropriate stormwater management requirements for peak runoff rate quantity and runoff quality treatment for a proposed parking lot or facilities, the following shall apply:

Off-site parking lots shall be allowed if they are within 300 feet of the lot containing the associated permitted use as measured from the center line of that lot's driveway entrance to the center line of the driveway entrance of the off-site parking lot. All off-site parking lots shall meet the following additional requirements:

An applicant proposing the use of off-site parking spaces shall demonstrate compliance with the following standards:

An outdoor storage area for motor vehicles or enclosed garage or structure for storage of motor vehicles, which is the sole use of the lot or parcel, shall not be permitted unless the requirements of Subsection F above are met.

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond or a river that flows to a great pond, and 100 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 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% the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%. This subsection shall apply neither to approaches to water crossings nor 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 purposes. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this Subsection A, except for that portion of the road or driveway necessary for direct access to the structure.

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.

New roads and driveways are prohibited in a Resource Protection District, except that the 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 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.

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 § 350-6.22.

Road and driveway grades shall be no greater than 8%.

A new driveway in any zone shall be constructed and maintained to prevent water or runoff from reaching the paved or traveled portion of the street. This standard shall not be subject to a waiver by the Planning Board or a variance by the Board of Appeals.

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. All cut or fill banks and areas of exposed mineral soil in the immediate vicinity of watercourses shall be revegetated or otherwise stabilized.

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:

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.

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. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

Name signs are allowed, provided such signs shall not exceed two signs per premises.

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

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.

Signs relating to public safety shall be allowed without restriction.

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

Signs may be illuminated only by shielded, nonflashing lights.

All new construction and development and related site improvements shall be designed, located and constructed, both during their construction and as constructed, to minimize stormwater runoff from the site in excess of the natural pre-development 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 stormwater.

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

No development of any nature shall be permitted within Zone A or A1-A30 on the Flood Insurance Rate Map unless the developer demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not raise the flood elevation more than one foot at any point in the community, or cause any detrimental impacts to downstream properties or receiving waters. A full analysis of the impact of the proposed development shall be undertaken by a licensed professional engineer.

In the event that any alteration or relocation of a watercourse is proposed, before processing an application further, the Building Inspector shall notify any adjacent downstream communities, the Maine Department of Inland Fisheries and Wildlife and the Maine Bureau of Civil Emergency Preparedness, with copies of such notices to the Federal Emergency Management Agency, of the proposed action, and such alteration or relocation shall be permitted only in a manner which will assure that the existing capability of the watercourse to carry a 100-year flood is maintained.

All plumbing shall be connected to public collection and treatment facilities when such facilities are available.

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

Where daily sewage flow exceeds 2,000 gallons, the minimum setback for new subsurface sewage disposal systems shall be 300 feet from the normal high-water line of a great pond.

The minimum setback distances from water bodies for all new subsurface sewage disposal systems shall not be reduced by variance.

Privies shall not be permitted in the Resource Protection, Stream Protection, Limited Residential/Recreation I and Limited Residential/Recreation II Districts.

All development or construction within 250 horizontal feet of the normal high-water line of a great pond shall meet the requirements of the Portland Water District Wastewater Disposal System Permit Protocol. These regulations are to be enforced by the Town of Raymond.

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

The installation of essential services, other than roadside distribution lines, is not permitted in the Resource Protection or Stream 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 permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

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

Mineral exploration within 250 feet of the normal high-water line of a lake, pond, stream, or other water body, or upland edge of a wetland 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 Planning Board 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:

All spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the former Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Act (7 M.R.S.A. § 4201 through § 4209).

Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond, or a river flowing to a great pond, or within 100 feet, horizontal distance, of other water bodies, tributary streams or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

Agricultural activities involving tillage of soil in a Resource Protection District, or the tillage of soil greater than 20,000 square feet in surface area within the Shoreland Zone, shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of these ordinance provisions.

There shall be no new disturbance of soil within 100 feet, horizontal distance, of the normal high-water line of any lake, pond or other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of these ordinance provisions and not in conformance with these provisions may be maintained.

Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of any lake, pond or other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions, may continue, provided that such grazing is conducted in accordance with a conservation plan that has been filed with the Planning Board.

In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 350-6.19. 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.

Except in areas as described in Subsection A above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond or a river flowing to a great pond, or within a strip extending 100 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:

At distances greater than 100 feet, horizontal distance, from the normal high-water line of any lake, pond, river flowing to a great pond, and 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% of the volume of trees 4 1/2 inches or more in diameter, measured 4« feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40% 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 and sewage disposal areas, exceed, in the aggregate, 25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously developed or cleared. This provision applies to the portion of a lot within the shoreland zone, including the buffer area.

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged or have chemicals applied, except as allowed by these ordinance provisions.

Fields, and other cleared openings which have reverted primarily to shrubs, trees or other woody vegetation, shall be regulated under the provisions of this § 350-6.18.

Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the CEO if the following requirements are met:

Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 350-6.17 apply;

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 350-6.3 are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 350-6.15 are complied with;

The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects, provided that the removal of vegetation is necessary for remediation activities to clean up contamination on a site in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the Commissioner that is part of a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A. § 343-E, and that is located along:

The removal of nonnative, invasive vegetation species, provided the following minimum requirements are met:

The removal of vegetation associated with emergency response activities conducted by the Department, the U.S. Environmental Protection Agency, the U.S. Coast Guard and their agents.

The property owner must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include a scaled site plan, depicting where vegetation was, or is to be removed, where existing vegetation is to remain and where vegetation is to be planted, including a list of all vegetation to be planted.

Revegetation must occur along the same segment of shoreline and in the same area where vegetation was removed and at a density comparable to the preexisting vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the preexisting vegetation, in which case revegetation must occur along the same segment of shoreline and as close as possible to the area where vegetation was removed.

If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.

Revegetation activities must meet the following requirements for trees and saplings:

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

Filling, grading, lagooning, dredging, earth moving and other land use activities shall be conducted in such a manner as to prevent erosion and sedimentation of surface waters to the maximum extent practical. All activities which result in unstabilized soil conditions and which require a permit shall be developed in accordance with an erosion and sedimentation control plan prepared in conformance with the requirements of Maine Erosion Control BMPS, Bureau of Land and Water Quality Maine Department of Environmental Protection, March 2003, and subsequent revisions thereof.

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.

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.

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:

Natural and man-made drainageways 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 twenty-five-year storm or greater, and shall be stabilized with vegetation or lined with riprap.

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

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

Boat launch width shall be minimized to the greatest extent possible, and the applicant shall provide evidence or information supporting the design width. This provision is not intended to prohibit multiple launching ramps at a single facility.

Applicants for the construction of a public boat launching facility and associated structures shall obtain all necessary permits from the Maine Department of Environmental Protection (Maine DEP).

One public boat launching facility shall be allowed at any great pond. Planning Board approval is required for any applications proposing a second launch to any great pond. The Planning Board shall also be responsible for determining the appropriate separation between a proposed public boat launching facility and any existing boat launch facilities.

The site plan design shall include a signage plan for the posting of rules and regulations regarding usage, invasive species, circulation of vehicles and parking on the site.

The design shall include a boat launch inspection and cleaning area designed for inspecting and cleaning of watercraft and trailers, and include facilities for the proper disposal of aquatic invasive species.

The owner of the facility shall provide a maintenance and operations plan subject to review annually by the CEO.

The public boat launching facility shall include sanitary facilities and trash receptacles.

Public boat launching facilities shall be designed to provide adequate security or public visibility to access and ramp areas to discourage loitering, trespassing or vagrancy of individuals, or groups, and ensure safety of the site following normal hours of usage.

No routine maintenance or repairs of watercraft shall be allowed at the boat launch facilities.

The boat launch access entrance from any road having regular vehicular traffic shall be designed to address safe sight distance and promote safe traffic and pedestrian movements.

The property shall maintain at least a twenty-five-foot natural buffer strip of vegetation from any adjacent residentially zoned properties. When a natural buffer strip of vegetation does not exist, a landscaped buffer strip shall be planted with approval of a planting plan by the Planning Board.

The boat launch ramp shall be constructed of a low permeable inert material such as, but not limited to, concrete, asphalt or other solid construction material to discourage soil erosion or vehicle tracking. Materials shall be installed that will not degrade water quality, will promote protection from erosion or sedimentation and will not leach, weep or cause contamination from preservatives, treatments or other chemical pollutants due to their composition or by applied treatments placed on their surfaces. Gravel, crushed stone or other compacted soil aggregate materials shall not be used for construction of the portion of the launch ramp subject to contact by a towing vehicle, trailer or other device to transport watercraft to and from the access road the ramp's lowest submerged depth.

Accessory dwelling units, constructed within an existing dwelling unit on a lot, attached to or sharing a wall with a single-family dwelling unit, or detached, as a new structure on the lot for the primary purpose of creating an accessory dwelling unit, shall be allowed on the same lot as a single-family dwelling unit within 250 feet of a great pond, river, and freshwater wetland, and within 75 feet of a stream, only when the dimensional requirements can be met for each dwelling unit.

Accessory dwelling units, constructed within an existing dwelling unit on a lot, attached to or sharing a wall with a single-family dwelling unit, or detached, as a new structure on the lot for the primary purpose of creating an accessory dwelling unit, shall be allowed on the same lot as a single-family dwelling unit beyond 250 feet of a great pond, river, and freshwater wetland, and beyond 75 feet of a stream.

If the total number of bedrooms or potential bedrooms exceeds the number of bedrooms the septic system is designed for, a replacement or expanded system shall be designed and installed before occupancy.

The accessory dwelling unit must be a minimum of 190 square feet and shall not comprise more than 1,250 square feet of living space, excluding stairways. The accessory dwelling unit must be accessory and subordinate in size to the principal dwelling unit.

Not more than one accessory dwelling unit shall be permitted per parcel.

New detached structures. New detached structures constructed for use as an accessory dwelling unit shall be set back at least 30 feet from the side property lines.

If an addition is made to an existing dwelling unit for the creation of a new accessory dwelling unit, and it will increase the living space by more than 50% of what existed on June 1, 2024, then a thirty-foot side yard setback is required for the portion of the structure that will serve as the accessory dwelling unit.

No additional parking is required for an accessory dwelling unit beyond the parking requirements of the single-family dwelling unit on the lot where the accessory dwelling unit is located.

Code Enforcement Officer. The Code Enforcement Officer shall be appointed or reappointed annually by July 1.

Board of Appeals. The Board of Appeals shall be maintained in accordance with the provisions of 30-A M.R.S.A. § 2691.

Planning Board. The Planning Board shall be maintained in accordance with the provisions of state law.

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.

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

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 Article 5.

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.

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.

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 would require the installation of a subsurface sewage disposal system.

When an excavation contractor will perform an activity that requires or results in more than one cubic yard of soil disturbance, the person responsible for the management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that employment.

All applications for development within the shoreland zone must include preconstruction photographs. No later than 20 days after completion of the development, postconstruction photographs of the shoreline vegetation and development site must be submitted to the Code Enforcement Officer.

Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in Article 5, 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 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 one is held. Permits shall be approved if the proposed use or structure is found to be in conformance with the purposes and provisions of these ordinance provisions.

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

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:

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.

Powers and duties of the Board of Appeals. The Board of Appeals shall have the following powers:

Variance appeals. Except as provided in Subsection B(6) below, variances may be granted only under the following conditions:

Appeal procedure.

Appeal to Superior Court. Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within 45 days from the date of the vote on the original decision.

Reconsideration. The Board of Appeals may reconsider any decision within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. The Board may conduct additional hearings and receive additional evidence and testimony.

Nuisances. Any violation of these ordinance provisions shall be deemed to be a nuisance.

Code Enforcement Officer.

Legal actions. When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers, upon notice from the Code Enforcement Officer, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of these ordinance provisions in the name of the municipality. The municipal officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of these ordinance provisions and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.

Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates a provision or requirement of this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.

Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "lot" includes the word "plot" or "parcel." The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

Except as specifically defined herein, all words in these shoreland zoning provisions shall carry their customary dictionary meanings, unless specifically defined in these shoreland zoning provisions or in other provisions of the Raymond Land Use Ordinance.[1] If there are conflicting definitions in these shoreland zoning provisions and in other provisions of the Raymond Land Use Ordinance, the definition in these shoreland zoning provisions shall be used when defining terms in the shoreland zoning provisions. When defining terms in other provisions of the Land Use Ordinance, the definitions in these shoreland zoning provisions shall not apply.