Each recreation vehicle, tent or shelter site shall contain a minimum of 5,000 square feet, not including roads and driveways.

A minimum of 200 square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent or shelter site.

Each recreational vehicle, tent or shelter site shall be provided with a picnic table and trash receptacle.

There shall be a minimum of 25 feet between vehicles.

There shall be a minimum of 45 feet between all recreational vehicles and tents, and all public rights-of-way located inside the boundaries of the trailer park or campground.

No camping unit or structure shall be located less than 200 feet from any residence (except residences belonging to the campground owners).

The major type of vegetation should be identified and described as to age, height, openness or density and pattern, either natural or reforested.

New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions and to blend compatibly with existing natural vegetation.

All vegetative clearing should avoid creating straight-line edges between open land and surviving stands.

Areas of activity and/or traffic should be sited to avoid wildlife areas, such as thickets for birds and small mammals, or deer yards and trails.

A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry and playing fields or shoreline.

Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility and preserve open space.

Footpaths and roads should follow "desire lines" of pedestrian and vehicular movements between campsites and all jointly used facilities. Parking areas may be grassed, reinforced with open concrete blocks.

The removal and filling of less than 10 cubic yards of material from or on any lot in any one year, except within the Resource Protection District, the Floodplain District or the Shoreland District.

The removal or filling of material incidental to construction, alteration or repair of a building, or in the grading and landscaping incidental thereto.

The removal and filling or transfer of material incidental to construction, alteration or repair of a public road or essential services.

Removal and fill or transfer of material for the repair of an existing private way in the General Purpose District.

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 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 or erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that employment.

The name and current address of the property involved.

The location and the boundaries of the lot or lots for which the permit is requested.

The location of all proposed access roads and temporary structures, and the sight distances from all entrances and exits.

The proposed provisions for drainage and erosion control, including drainage calculations.

Other information necessary to indicate the physical characteristics of the proposed operation, including existing topography and the proposed horizontal and vertical limits of the excavation or filling and proposed reclamation measures (grading, loaming, seeding, mulching, planting, etc.)

The smallest amount of bare ground shall be exposed for the shortest time feasible. The Planning Board shall set a specific date after which bare ground shall not be exposed.

Temporary ground cover (such as mulch) and temporary runoff filter (such as hay bales in swales) shall be used as required to prevent stream sedimentation. The Planning Board shall set a specific date by which permanent ground cover shall be planted.

Diversions, silting basins, terraces and other methods to trap sediment shall be used.

Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources or Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.

The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

Fill shall not restrict a floodway, channel or natural drainageway.

The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

Where activities carried out under this article require the removal of existing ground cover, revegetation should be carried out.

(Reserved)

Specific plans are established to avoid hazards from excessive slopes or standing water. Where embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal.

No excavation shall be extended below the grade of an adjacent street, except for drainageways, unless 100 feet from the street line. No excavation below the grade of the surrounding land shall be allowed within 100 feet of any side or rear lot line. However, removal of earth material deposits from hills or knolls may be allowed within 50 feet of a side or rear lot line if no excavation below the grade of abutters' properties occurs.

Sufficient topsoil or loam shall be retained to cover all areas, so that they may be seeded and restored to natural conditions.

No existing rock, gravel or sandpit will be extended or expanded until the operator has complied with the provisions of this chapter and obtained a permit therefor.

Methods of removal or processing.

Days and hours of operation.

Type and location of temporary structures.

Routes for transporting material.

Area and depth of excavations.

Provision of temporary or permanent drainage.

Disposition of stumps, brush and boulders.

Cleaning, repair and/or resurfacing of streets used in removal activity which has been adversely affected by said activity.

The need for written approval of soil and erosion and sedimentation plan by a State of Maine licensed civil engineer selected by the applicant for the Planning Board.

No permit shall be issued without a surety bond or other equivalent security to ensure compliance with such conditions as the Planning Board may impose. The bond or surety shall be in an amount recommended by the Code Enforcement Officer and approved by the Planning Board, as sufficient to guarantee conformity with the conditions of approval, taking inflation into account.

No permit shall be issued for a period to exceed three years, although such permits may be renewed for additional periods in the same manner.

A child day-care home may also include part-time care. "Part-time" in this use shall mean four hours per day, per child.

The parking area shall be large enough to accommodate the two spaces required for the dwelling unit, as well as two additional spaces minimum.

A child day-care center is a private establishment providing day care for 13 or more children, which charges for their care and holds all legally required licenses and approvals by the Town of Shapleigh and the State of Maine.

The parking area shall be large enough to accommodate one parking space per full-time employee, as well as one parking space for every four persons attending the day-care center at any one time.

Units shall be built according to the National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, Chapter 70, or comply with the safety standards in Appendix B of this chapter.[1]

Units shall have a pitched, shingled roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and covered with asphalt or fiberglass composition shingles or other material, excluding corrugated metal roofing material.

Units shall have a residential-type siding, i.e., clapboard siding in wood, vinyl or aluminum, shingles or shakes or wood board and batten.

Units shall have a permanent foundation, i.e., a full, poured concrete or masonry foundation; a poured concrete frost wall or a mortared masonry frost wall, with or without a concrete floor; a reinforced, floating concrete pad which may require an engineer's certification if it is to be placed on soil with high frost susceptibility; or any foundation which is permitted for other types of single-family dwellings.

Notwithstanding the dimensional requirements table in § 105-18 of this chapter, lots in a manufactured housing unit park shall meet the following lot area and lot width requirements:

Unit setback requirements.

Buffering. If a park is proposed with a residential density at least twice the density of adjacent development in existence, or at least twice the density permitted in the zoning district in which the park is located if the neighboring land is undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures or streets. The first 20 feet of the buffer strip, as measured from the exterior boundaries of the park, shall contain evergreen shrubs, trees, fences, walls or any combination which forms an effective visual barrier to be located on all exterior lot lines of the park, except that the driveways shall be kept open to provide visibility for vehicles entering and leaving the park.

Open space requirement. An area no less than 10% of the total area of those lots with a lot area of 10,000 square feet or less shall be reserved as open space. The area reserved as open space shall be suitable to be used for recreational purposes or used by the residents of the park for storage. Generally, the reserved open space shall have slopes less than 5%, shall not be located on poorly or very poorly drained soils and shall be accessible directly from roads within the park. The Planning Board may waive the requirement for open space when the park is located within 1/2 mile of a publicly owned recreation area.

Road design, circulation and traffic impacts.

Groundwater impacts.

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

No development or subdivision which is approved under this section as a manufactured housing unit park may be converted to another use without the approval of the Planning Board, and meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the York County Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:

Were located in the Town of Shapleigh prior to the effective date of this chapter. However, upon replacement or transfer to another location, all of the provisions of this chapter shall become applicable.

Are used as travel or sport trailers, and are not occupied as dwellings, and are located in the Town of Shapleigh for storage purposes only.

Lot area and shoreline frontage shall be equal to that required for the equivalent number of single-family dwelling units.

The minimum road frontage shall be 400 feet.

Lots for a multifamily dwelling unit shall meet all the other dimensional requirements for a single-family dwelling.

No building shall contain more than four dwelling units.

All multifamily dwellings shall be connected to a central water system, at no expense to the municipality.

Smoke detectors shall be installed in all multifamily dwelling units, and the fire control sprinkler system shall be installed in any structure containing four dwelling units.

All multifamily dwelling units shall be connected to a public sewer system, if available, or to a central collection and treatment system in accordance with the sanitary provisions of this chapter.[1]

No parking spaces shall be located within required setback areas.

Off-street parking spaces shall be provided as follows:

Adequate spaces shall be provided to accommodate customers, patrons and employees at automobile service stations, drive-in establishments, open-air retail businesses and amusements and other permitted uses not specifically enumerated.

The purpose of these provisions is:

Nevertheless, the net residential density shall be no greater in cluster developments than is permitted in the district in which the development is proposed.

All cluster developments shall meet all requirements for a residential subdivision.

The minimum area of land in a cluster development shall be 10 acres, except where there is public water and public sewer.

The plan shall indicate the location of all proposed roads, structures, parking areas, footpaths and common open space.

Where a cluster development abuts a water body, a portion of the shoreline, as well as reasonable access to it, shall be part of the common land.

In no case shall shore frontage be reduced below the minimum shore frontage normally required in the district.

Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, south-facing slopes and natural drainage areas, in accordance with an overall plan for site development and landscaping.

All common land for recreational or conservation purposes shall be owned jointly or in common by the owners of the building lots, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the municipality.

Further subdivision of common land or its use for other than noncommercial recreation or conservation, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land.

All dwelling units in a cluster development may be connected to a central water system, at no expense to the municipality. In cluster developments with individual lot sizes of 20,000 square feet or less, all dwelling units shall be connected to a common water supply and distribution system.

All structures with required plumbing in a cluster development shall be connected: to a public sanitary sewer system, if available; to a central collection and treatment system in accordance with sanitary provisions of this chapter, and at no expense to the Town; or to individual or shared subsurface waste disposal systems that meet Maine Plumbing Code standards. In cluster developments with individual lot sizes of 20,000 square feet or less, all dwelling units shall be connected to a public sewer system or to a central collection and treatment system.

Any lot abutting an accepted public road shall have a frontage and area no less than that normally required in the district. On proposed roads for the cluster development, lot area and road frontage may be reduced, provided that:

No building shall be constructed on soil types classified by the Soil Survey of York County Maine as being poorly or very poorly drained.

The maximum net residential density (i.e., the number of dwellings per acre, excluding roads) allowable in cluster developments shall be calculated on the basis described in the table below. For example, in the developments where sewer service is not being provided, all of the "well-drained" and "moderately well-drained" land may be included in the density calculations, plus half of the "poorly drained" land.

In order to determine the maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included in net density calculations (according to the table) less the land needed for the roads (including shoulders and drainage ditches) shall be divided by the minimum lot size required in the district. The extent of soil types in the six categories listed in the table shall be certified by a registered soil scientist licensed in the State of Maine on a high-intensity soil survey map.

All subsurface wastewater disposal systems that are in the Shoreland Zoning District and within 100 feet of the shoreline shall comply with the present Maine state plumbing laws effective January 1, 1998.

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

A holding tank is not allowed for a first-time residential use in the Shoreland Zone.

The use of fertilizers shall be banned within 100 feet of the shoreline.

Freestanding signs with conditional use permit.

There shall be one sign attached to the building allowed per approved conditional use, each sign not to exceed 24 square feet in area.

Home occupations may display a single sign not over eight square feet in area with their name on it, with information about goods or services rendered on the premises or with information concerning the sale, rental or lease of the premises.

Signs shall be placed at least 10 feet from any side lot line and shall be placed so as not to obstruct the view of traffic.

The maximum height for any freestanding sign shall be 20 feet.

Signs shall not be mounted to extend above the roofline unless mounted on a parapet wall which extends above the roofline.

Steady white light shall be required on signs to be illuminated. Plastic signs which are internally lit shall be allowed with either a white or dark background. When plastic signs are to be externally illuminated, they may be any color.

Flashing, moving or animated signs shall be prohibited.

Strings of light bulbs, pennants, propellers, etc. shall not be permitted, except as a part of a holiday celebration.

Freestanding signs shall be required to be attached to permanent posts to be hung vertically above the ground. So-called "A-frame" signs shall be prohibited.

Signs advertising defunct businesses or premises shall be removed by the property owner within three months after the advertised activity ceases.

Mobile signs, such as those mounted on a movable chassis (with or without wheels) may be displayed for up to 15 days at a time, and no more than two times in any twelve-month period.

Signs shall be maintained in good condition at all times.

[1]One temporary sign, attached to the building or freestanding, may be erected to announce a new business or a relocated business, provided such sign shall be limited to eight square feet and be removed within 30 days from the time of issuance. A permit is required for a temporary business sign.

Signs erected for public safety and welfare or pursuant to any governmental function.

Directional signs solely indicating entrance and exit placed at driveway locations, containing no advertising material and where the display area does not exceed three square feet or extend higher than seven feet above ground level.

Signs relating to trespassing and hunting, not exceeding two square feet in area.

Other signs, including memorial tablets, public notices, flats and insignia except when displayed in connection with a commercial promotion.

Religious symbols or insignia, house numbers, political signs, signs on vending machines or newspaper racks and signs within or on a public structure or facility which are not directed at persons outside or off the premises.

Continuance. A nonconforming sign, lawfully existing at the time of adoption or amendment of this chapter, may continue although such sign does not conform to the provisions of this section.

Maintenance. Any lawfully existing sign may be maintained, repaired or repainted, but shall not be enlarged, except in conformance with the provisions of this section.

Replacement. Any new sign replacing a nonconforming sign shall conform to the provisions of this section, and the nonconforming sign shall not thereafter be displayed.

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 classified GPA, or a river flowing to a great pond classified GPA, or within a strip extending 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:

The provisions contained in Subsection B(1) above shall 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.

Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least six feet in height above ground level and no less than two inches in diameter. Stumps may not be removed.

Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above ground level in any ten-year period, and/or results in cleared openings exceeding 25% of the lot area within the Shoreland Zone, or 10,000 square feet, whichever is greater, replacement with native trees species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above ground level. If new growth is not present, then replacement trees shall consist of native species and be at least six feet in height above ground level and no less than two inches in diameter.

The removal of standing dead trees, resulting from natural causes, is permissible, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision, dead trees are those trees that contain no foliage during the growing season.

The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Zone.

The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed.

Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:

Outside of the shoreline buffer, if the removal of storm-damaged trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above the ground level in any ten-year period, or results, in the aggregate, in cleared openings exceeding 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.

If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

If applicable clearing and vegetation removal standards are exceeded due to the removal of nonnative invasive species vegetation, the area shall be revegetated with native species to achieve compliance.

All trees and saplings removed must be replaced with native noninvasive species;

Replacement vegetation must at a minimum consist of saplings;

If more than six trees or saplings are planted, then at least three different species shall be used;

No one species shall make up 50% or more of the number of trees and saplings planted;

If revegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or saplings must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

All woody vegetation and vegetation under three feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three feet in height as applicable;

Woody vegetation and vegetation under three feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

No one species shall make up 50% or more of the number of planted woody vegetation plants; and

Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

Filling shall be prohibited, as it reduces the flood storage capacity of the floodplain, thereby exacerbating flooding conditions downstream.

All nonresidential structures shall be elevated on columns or piers so that the lowest floor is at least one foot above the elevation of predicted floodwater levels.

No new residential structures and no septic system shall be permitted to be constructed within this district.

The Shapleigh Conservation Commissions shall be requested by the Planning Board to submit its comments and recommendations.

Mobile homes must be anchored to resist flotation, collapse or lateral movement by:

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

Any additions to the manufactured housing unit must be similarly anchored.

When solar energy systems are proposed, which are not attached to a house, they shall be set back 10 feet from the side and rear lot lines and 25 feet from the right-of-way line (or 50 feet from the center line) of a road, whichever distance is greater.

In the Shoreland Districts, solar energy systems shall be set back 75 feet from the normal high-water elevation, unless the applicant can show the Board of Appeals that a reduction in the setback would reduce the need for timber harvesting or vegetative cutting, in which case the setback can be reduced to no less than 30 feet from normal high-water elevation. Solar systems located less than 75 feet from the normal high-water line must be located in legally existing cleared areas, such as lawns.

Timber harvesting and vegetative cutting standards in the Shoreland District shall not be varied by the Board of Appeals unless the applicant can show that additional clearing is necessary to obtain solar access, in which case the Board shall attach appropriate conditions to preserve adequate vegetative cover. In no event shall the Board of Appeals allow vegetation removal within the required shoreline setback area if such removal does not conform with the standards in § 105-51.

Solar energy systems in the Shoreland District shall be subject to design approval by the Planning Board to ensure the systems are visually compatible with adjacent land uses.

Lot coverage requirements of this chapter shall not apply to solar energy systems.

Within clustered subdivision, manufactured housing unit parks and multifamily developments, dwelling units shall be oriented, wherever possible, to maximize the use of direct sunlight for solar energy systems. When proposed buildings are located near each other, shadow projections shall be examined to ensure that solar access to any building is not blocked or substantially reduced.

Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, natural drainage areas and access to direct sunlight in accordance with the overall plan for site development. When proposed buildings are located near each other, shadow projections shall be examined to ensure that solar access to any building is not blocked or substantially reduced.

No danger to public health and safety.

No significant degradation of air and water quality.

No alterations of wetlands.

No significant increase in erosion or sedimentation.

No significant interference with the natural, scenic and historic value of those areas designated by federal, state or municipal agencies and approved for inclusion within this district.

All cut or fill banks and areas of exposed mineral soil outside the roadbed within 100 feet, horizontal distance, of a flowing or standing body of water shall be revegetated or otherwise stabilized so as to prevent erosion and sedimentation of water bodies.

Road and driveway banks shall have a slope no steeper than a slope of two horizontal to one vertical.

Drainage ditches shall be provided so as to effectively control water entering and leaving the road area. Such drainage ditches will be property stabilized so that the potential for unreasonable erosion does not exist.

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads, driveways and their associated drainage ditches shall be located, constructed and maintained so as to provide an unscarified filter strip, of at least the width indicated below, between the exposed mineral soil of the road or driveway and the normal high-water mark of a surface water body. This requirement shall not apply to road approaches to water crossings.

Drainage ditches for roads and driveways approaching a water crossing shall be designed, constructed and maintained to empty into an unscarified filter strip of at least the width indicated on the table set forth in Subsection B(4) above between the outflow point of the ditch and the normal high-water mark of the water. Where such filter strip is impracticable, appropriate techniques shall be used to reasonably avoid sedimentation of the water body. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed so as to reasonably avoid sedimentation of the water body.

Ditch relief (cross drainage) culverts, drainage dips and water turnouts will be installed in a manner effective in directing drainage onto unscarified filter strips before the flow gains sufficient volume or head to erode the road, driveway or ditch.

On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%.

This subsection 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. Road and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this section except for that portion of the road or driveway necessary for direct access to the structure.

One turnout to provide space for two vehicles to pass shall be provided for every 500 feet of private way, when road width is less than 16 feet.

The hammerhead or T shall have a useable surface area that is a minimum of 24 feet deep and 24 feet wide.

A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection B(15) below.

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 75 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

Developers of new gravel pits along significant river segments shall demonstrate that no reasonable mining site outside the shoreland zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than 75 feet and screened from the river by existing vegetation.

The smallest amount of bare ground shall be exposed for the shortest time feasible. The Planning Board shall set a specific date after which bare ground shall not be exposed.

Temporary ground cover (such as mulch) and temporary runoff filter (such as hay bales in swales) shall be used as required to prevent stream sedimentation.

Diversions, silting basins, terraces and other methods to trap sediment shall be used.

Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources or Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.

The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

Fill shall not restrict a floodway, channel or natural drainageway.

The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

Where activities carried out under this article require the removal of existing ground cover, revegetation shall be carried out.

Specific plans are established to avoid hazards from excessive slopes or standing water. Where embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal.

No excavation shall be extended below the grade of an adjacent street, except for drainageways, unless 100 feet from the street line. No excavation below the grade of the surrounding land shall be allowed within 100 feet of any side or rear lot line. However, removal of earth material deposits from hills or knolls may be allowed within 50 feet of a side or rear lot line if no excavation below the grade of the abutter's properties occurs.

Topsoil 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.

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 minerals are removed in any consecutive twelve-month period, ground levels and grades shall be established in accordance with the following:

No existing rock, gravel or sandpit will be extended or expanded until the operator has complied with the provisions of this chapter and obtained a permit therefor.

Methods of removal or processing.

Days and hours of operation.

Type and location of temporary structures.

Routes for transporting material.

Area and depth of excavations.

Provision of temporary or permanent drainage.

Cleaning, repair and/or resurfacing of streets used in removal activities which have been adversely affected by said activity.

The need for written approval of a soil and erosion and sedimentation plan by a State of Maine licensed civil engineer selected by the applicant for the Planning Board.

No permit shall be issued without a surety bond or other equivalent security to ensure compliance with such conditions as the Planning Board may impose. The bond or surety shall be in an amount recommended by the Code Enforcement Officer and approved by the Planning Board, as sufficient to guarantee conformity with the conditions of approval, taking inflation into account.

No permit shall be issued for a period to exceed three years, although such permits may be renewed for additional periods in the same manner.

No telecommunications facility, tower or antenna shall exceed 190 feet in height.

No telecommunications facility shall be lighted.

Towers shall have a galvanized steel finish or be painted a neutral color so as to reduce visual obstructiveness.

Towers, guys and accessory facilities shall meet the minimum zoning district setback requirements.

The owner shall allow other future wireless service carriers, including providing space to public agencies (like fire agencies if requested at the time of review by the Planning Board), using functionally equivalent personal wireless technology to collocate antennas, equipment and facilities on a telecommunications tower and site, unless satisfactory evidence is presented, and the Planning Board concurs, that technical constraints prohibit collocation.

The owner shall provide evidence to the Planning Board that the telecommunications facility is designed, constructed and maintained in conformance with applicable federal, state and Town building, electrical and safety codes.

No advertising or signage is permitted on telecommunications facilities.

The owner of a telecommunications facility shall be required to remove the tower should it not be used for the use or uses approved for a period of 12 consecutive months. An applicant for a conditional use permit under this section shall post a performance guaranty with the Town prior to obtaining a permit that is equal to 125% of the cost of removing the structure. The performance guaranty shall be for a minimum term of five years. It must contain a mechanism satisfactory to the Town, for review of the cost of removal of the structure every five years and a mechanism for increasing the amount of the guaranty should the revised cost estimate so necessitate.

The minimum size of a lot with a telecommunications facility more than 70 feet in height shall be 80,000 square feet.

Occupied by a residence, school, park, playground, religious institution or public building.

Occupied by another adult business.

Location of the proposed small wind energy system and associated equipment.

Setback requirements as outlined in this section.

The right-of-way of any public road that is contiguous with the property.

Any overhead utility lines.

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, wind tower type (freestanding or guyed).

If the small wind energy system will be connected to the power grid, documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a small wind energy system.

Wind tower foundation blueprints or drawings.

Wind tower blueprint or drawings.

Sound level analysis prepared by the wind turbine manufacturer or qualified engineer.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (usually provided by the manufacturer).

Estimated cost of physically removing the small wind energy system to comply with surety standards.

Lot requirement. A small wind energy system shall be permitted only on a conforming lot.

Setbacks. A small wind energy system shall be set back a minimum horizontal distance of 1.5 times its total height, including all components, from:

Height.

Noise. A small wind energy system shall not exceed 50 dBA, as measured at the neighboring property lines. The sound level, however, may be exceeded during short-term events such as severe windstorms. In the event of a conflict between this standard and the Town of Shapleigh's Noise Ordinance,[1] the more restrictive of the two shall prevail.

Color. To minimize visual disruption, the small wind energy system's tower and blades shall be a nonreflective color that blends into the surrounding environment to the greatest extent possible.

Signs. Small wind energy systems shall not display any signs except for manufacturer identification or appropriate warning signs. Writing, symbols, logos, or graphic representation of any kind shall not be visible beyond the lot on which it is located.

Lighting. Small wind energy systems shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.

Preservation of landscape. Placement of a small wind energy system shall recognize existing topography and vegetation. Clearing of natural vegetation and grade changes to the site shall be limited to the minimum necessary for the construction and maintenance of the small wind energy system.

Safety.

Negative visual impact.

Electromagnetic interference. The system shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.

Shadow flicker. Small wind energy systems shall be sited and designed in a manner that minimizes shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

Structural integrity. A professional engineer (PE) shall certify structural integrity of design before any small wind energy system is constructed. The property owner shall be responsible for having structural integrity of the system re-evaluated a minimum of every five years, and shall retain records of such as long as the small wind energy system is standing.

Structure type. A small wind energy system shall be designed as a self-supporting structure without guyed supports.

Other uses. A small wind energy system shall be used exclusively for the production of electrical power, and shall not include mounting of equipment for any other use, including but not limited to the collocation of wireless communication facilities equipment.

Number per lot. There shall be no more than one small wind energy system per lot.

Off-site consumption. Excess electrical power generated and not immediately needed for on-site use may be used by the utility company.

MET towers shall be permitted under the same standards, as applicable, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

Removal of the wind generator and wind tower and related above-grade structures.

Restoration of the location of the small wind energy systems to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.