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Sanford City Zoning Code

ARTICLE XII

Rushton Street Institutional Controls Overlay I and II Zones

§ 280-12-1 Purpose.

The purpose of these zones is to:
A. 
Protect the City's implementation of remedial control measures at the former Rushton Street landfill site.
B. 
Prevent additional surface or ground water contamination.
C. 
Prevent exposure to contamination from the landfill itself.
D. 
Protect neighboring properties from the risk of groundwater contamination that could occur in the absence of the restrictions contained in this chapter.
E. 
Comply with the requirements of Paragraph 37 of the Administrative Order by Consent signed by the City and the Maine Department of Environmental Protection on November 11, 1999.

§ 280-12-2 Area of zones.

The area of these zones shall be as delineated on the Rushton Street Institutional Controls Overlay Zoning Map, prepared by Sevee and Mahar Engineering and dated September 12, 2000.

§ 280-12-3 Rushton Street Institutional Controls Overlay I Zone.

The restrictions set forth in this section shall apply to any property or portion of property located within the Rushton Street Institutional Controls Overlay I (RSIC-I) Zone and shall be in addition to those restrictions set forth in the underlying zoning district in which the property is located. The owner of any property or portion of property located within the RSIC-I Zone or any person authorized to act on behalf of the owner shall acquire written approval from the Maine Department of Environmental Protection prior to undertaking any of the following activities:
A. 
The drilling or digging of any water supply well.
B. 
Any dewatering, pumping, or injection into or out of the groundwater on the property.
C. 
Any soil excavation on the site. This requirement shall not apply to minor excavations associated solely with lawn maintenance or the planting of small bushes or trees, where no soil will be removed from the property.
D. 
Paving, soil compacting, or the placement of any impervious materials on the site soils.
E. 
Any change in the use of the property that could affect the integrity or effectiveness of the remedial measures or any monitoring well installed under the terms of the Administrative Order by Consent.

§ 280-12-4 Rushton Street Institutional Controls Overlay II Zone.

The restrictions set forth in this section shall apply to any property or portion of property located within the Rushton Street Institutional Controls Overlay II (RSIC-II) Zone and shall be in addition to those restrictions set forth in the underlying zoning district in which the property is located. The owner of any property or portion of property located within the RSIC-II Zone or any person authorized to act on behalf of the owner shall acquire written approval from the Maine Department of Environmental Protection prior to undertaking any of the following activities:
A. 
The drilling or digging of any water supply well.
B. 
Any dewatering, pumping, or injection into or out of the groundwater on the property.
C. 
Any excavation that will occur below elevation two-hundred-forty-two (242) feet above mean sea level.