South Berwick City Zoning Code

Each recreational vehicle, tent or shelter site shall contain a minimum of 3,000 square feet of suitable land, not including roads and driveways for each site, except it shall be 5,000 square feet when within 250 feet of the normal high-water mark of water bodies referred to in § 140-12A and B.

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

The major types 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 lands and surviving stands.

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

A minor home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it and shall utilize, at a maximum, no more than 500 square feet or 25% of the gross floor area of the principal building, whichever is less.

A minor home occupation shall not include the employment of any persons not residing on the premises in the performance of the occupation.

There shall be no outdoor storage of materials or products on the premises.

There shall be no on-premises retail sales.

No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, odors, heat or radiation shall be generated.

No traffic shall be generated by a minor home occupation in greater volumes than would normally be expected by a residential use.

There shall be no exterior signage and no other on-site advertising from the exterior shall be displayed.

(Reserved)[1]

(Reserved)[2]

Exterior storage of materials and any other exterior evidence of the home occupation shall be so located or screened, so as to not detract from the residential character of the principal building and neighborhood.

No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare, traffic or radiation shall be generated.

Signs for major home occupations shall be limited to one sign, no larger than two square feet on each side of the sign.

No goods shall be sold which have not been made or substantially altered on the premises and/or accessory to services on the premises except for those which are customarily incidental to the service rendered by the home occupation (e.g., hair spray being sold by a hairdresser).

There shall be sufficient off-street parking on the premises for the customers, clients and employees to use.

There shall be no objectionable increase in commercial vehicle traffic over that traffic normal for the neighborhood.

When submitting an application for site plan review for a light industrial facility, the applicant shall submit the information required under § 140-44A(1) through (5).

The applicant shall meet the noise standards set forth in § 140-28 for industrial property abutting all other properties.

All operations, activities and storage shall be conducted within a completely enclosed building, except for those uses for which exposure to sunlight is required.

Based on the type of use and impact on neighboring areas, the Planning Board may restrict the number of shifts and/or the hours of operation.

No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines.

In order to limit the number of access points onto Route 236, the following restrictions shall apply:

Off-street parking requirements as stated in § 140-24 must be met, except parking may be permitted in front of the building but in no case shall it be permitted within the front setback area.

Signs shall conform to § 140-26:

All other general performance standards applicable to the proposed use shall be met.

Manufactured housing will be installed in accordance with the Manufactured Home Installation Standard dated March 1, 1993, and published by the State of Maine Manufactured Housing Board.

The following additional requirements for installation of manufactured housing will apply:

Manufactured housing not in compliance with the requirements of this Subsection A or with the requirements for a single-family dwelling may be occupied temporarily, under the following conditions:

No mobile home may be sited in the Town that has not been built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974. The applicant must present evidence that these standards have been met. If the applicant is unsure that these standards have been met in the construction of the manufactured home, then the applicant must provide certification that the plumbing, electrical and heating standards meet all current standards. These certifications must come from tradespersons licensed to do business in the State of Maine.

Prior to the issuance of a building permit for a new manufactured home, the applicant must furnish evidence to the Code Enforcement Officer that all State of Maine sales tax has been paid.

The lot area shall be equal to that required for the equivalent number of single-family dwelling units.

The minimum road and shoreland frontage shall be as indicated in the chart below:

Lots for two-family and multifamily dwelling units shall meet all other dimensional requirements for single-family dwellings, except road frontage.

No parking area shall be located within the required yard area setbacks except in the B1 District. Parking area design and the number of parking spaces shall be in compliance with § 140-25 of this chapter.

All dwelling units in a multifamily building shall have a minimum net habitable floor area of 600 square feet, exclusive of balconies, stairways, hallways or other common space.

No new multifamily dwellings shall contain more than six units. This limitation shall not apply to the conversion of a building existing on February 25, 1999, to multifamily use in the B1 District.

To allow for concepts of housing development where variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding other provisions of this chapter relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments located in the Town, may modify said provisions related to dimensional requirements to permit approaches to housing and environmental design in accordance with the requirements below and which further the goals of the South Berwick Comprehensive Plan. This shall not be construed as granting variances to relieve hardship.

To allow owners a reasonable return on their holdings, in such a way that the majority of existing open field, pasture, wetlands, waterways, wildlife habitat, scenic vistas, historic and archaeological assets, rare flora and fauna, and notable stands of forest may remain unbuilt for future generations, all residential subdivision and planned unit development (PUD) proposals, regardless of size, may be laid out according to the cluster development standards below. The design shall result in the permanent retention of all natural, historical and cultural assets which have been identified by the Planning Board and which are consistent with the goals and policies of the South Berwick Comprehensive Plan.

Toward this end the Board may require that residential subdivision and planned unit development proposals be laid out according to the standards below and in a manner consistent with the South Berwick Subdivision Ordinance.[1]

The Planning Board in making its determination whether or not clustering will be required shall consider the impacts that a nonclustered approach would have on the noted natural, historical and cultural resources. The Board and applicant shall refer to the Comprehensive Plan, the Town Open Space and Recreational Planning Map, the Salmon Falls River Greenbelt Plan, the South Berwick Conservation/Open Space Plan, and any other relevant documents, including the applicant's own environmental analysis of the site. The Board and applicant shall also examine the existing built environment of the area proposed for development, analyzing historical structures, working landscapes, architectural design and land use. Particular emphasis should be given to the placement and setbacks of all buildings in the area.

Submissions.

The Planning Board and applicant may seek comments from the Conservation Commission, Historic Commission, Recreation Commission, any other Town boards and departments, and if appropriate, state agencies, at this time.

Before proceeding to the preliminary plan stage of subdivision review as detailed in the South Berwick Subdivision Ordinance,[2] the Board shall make a determination as to whether the preliminary plan is to be submitted for review as a cluster development or conventional subdivision. The Board shall require that the plan be clustered if the benefits of the cluster approach as outlined in the purpose section above, and taking into account comments from various boards and the applicant's own site analysis, will prevent the loss of natural and historical features without increasing the net residential density of the subdivision.

Cluster development and PUDs shall meet all requirements for a subdivision, the Street Acceptance Ordinance, the Post-Construction Stormwater Management Ordinance, [3] and all other applicable Town ordinances, including the performance standards of this chapter.

Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this chapter.

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 § 140-20), less the land needed for 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 § 140-20 shall be certified by a registered soil scientist licensed in the State of Maine, on a high-intensity soil survey map. No building shall be constructed on soil classified as being "very poorly" or "poorly" drained.

Common land within the proposed development shall be sufficient to conserve those resources which have been identified as being ecologically, historically or culturally important. Every building or lot within the cluster or PUD shall be within 1,000 feet of the common area unless the Planning Board determines that, in the particular circumstances of the proposed development, the purposes of § 140-47A can be achieved with a different configuration. Where the development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be part of the common land.

The use of common driveways may be encouraged to prevent numerous entrances onto existing or proposed roads.

Shore frontage shall not be reduced below the minimum normally required in the zone.

Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, solar energy, natural drainage areas, and the existing built environment of the area, in accordance with an overall plan for site development.

When required to cluster, developers shall reduce lot dimensional requirements to no less than outlined in the chart below:

At a minimum, the total area of common land within the development shall equal or exceed the sum of the areas by which the building lots are reduced below the minimum lot area normally required in the district.

The location of subsurface wastewater disposal systems and equivalent reserve systems shall be shown on the plan. The reserve areas shall be restricted so as not to be built upon. Systems serving more than two units or exceeding 540 gallons per day are not permitted.

Any application to construct three or more units may be submitted as a PUD or multifamily development provided that the number of units proposed equals the number of units that could reasonably be built under a standard subdivision plan. No building shall contain more than six dwelling units. The limitations of this Subsection E(1) shall not apply to the conversion of a building existing on February 25, 1999, to multifamily use in the B1 District.

The distance between all multifamily buildings shall be no less than 50 feet. If a mixture of single-family and multifamily units is proposed, the setbacks for the single-family structures shall conform to the table above.

All units shall have reasonable access to the common lands.

All dwelling units in a planned unit development shall be connected to a public sanitary sewer system at no expense to the Town.

All dwelling units in a planned unit development shall be connected to a common water supply and distribution system either public or private at no expense to the Town.

Common open space shall be dedicated, in accordance with the following procedure, upon approval of the project. There shall be no further subdivision of this land, which shall only be used for noncommercial recreation, agriculture or conservation. However, easements for public utilities, stormwater management, or accessory structures for noncommercial recreation or conservation, may be permitted.

All land for conservation and recreational purposes shall be:

The common open space shall be shown on the development plan and with appropriate notation on the face thereof to indicate:

An applicant for subdivision review under this section shall provide the Planning Board with copies of deed covenants for prospective purchasers, or conservation easements with the Town or land trust, describing land management practices to be followed by the party responsible for the common land.

If any or all of the common open space is to be reserved for use by the residents, the declaration and bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be submitted to the Planning Board for a determination of the adequacy of these maintenance responsibilities.

Covenants for mandatory membership in the association, setting forth the owner's rights and interest and privileges in the association and the common land, shall be reviewed by the Planning Board and included in the deed for each lot.

This homeowners' association shall have the responsibility of maintaining the common open space(s) and other common facilities until, and if, accepted by the Town.

The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common recreational facilities, common utilities, and Town assessments.

The declaration and bylaws of the proposed homeowners' association shall specify the circumstances under which the association will become responsible for the maintenance of the common open space.

The provisions of the Town of South Berwick’s Chapter 108, Post-Construction Stormwater Management, shall be followed, including proper drainage easements and annual certification of maintenance of stormwater management facilities.

Density requirements. The municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than two off-street parking spaces for every three units. The development must be in a designated growth area of a municipality consistent with 30-A M.R.S.A. § 4349-A, Subsection 1, Paragraph A or B, or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with 12 M.R.S.A. Chapter 423-a, as applicable.

Long-term affordability. Prior to granting a certificate of occupancy or other final approval of an affordable housing development, a municipality must require that the owner of the affordable housing development 1) execute a restrictive covenant that is enforceable by a party acceptable to the municipality; and 2) record the restrictive covenant in the appropriate registry of deeds to ensure that for at least 30 years after completion of construction:

Water. The owner of an affordable housing development shall provide proof, in writing, of adequate potable water supply for each dwelling unit.

Wastewater. The owner of an affordable housing development shall provide proof, in writing, of adequate sewer or SWWD for the site.

Use allowed.

The applicant must provide the Planning Board or Code Enforcement Officer with a letter from South Berwick’s Sewer District stating that the Town can support the additional flow, if connected to public sewer.

The applicant must provide proof, in writing, that the subsurface waste water disposal on-site is adequate to support the additional flow, by a licensed plumbing inspector. If a new system is deemed necessary, new plans must be prepared by a licensed site evaluator.

If the site is connected to public water supply, a letter from the Town of South Berwick’s Water District stating that the Town can support the additional flow created by each structure.

If the parcel is connected to a well, a letter of proof to access potable water is necessary.

Dimensional requirements in Chapter 140, Attachment 2, Table B must be met.

On parcels with existing dwellings, two additional dwellings will be allowed as follows: one within the dwelling, one attached to an existing dwelling, or one detached.

On parcels that are vacant, four dwellings will be allowed.[4]

Article V, Performance Standards Applicable to All Uses;

Section 140-77, Site Plan Review;

Section 140-48, Shoreland Zoning.[1]

Land disturbance: All solar farms require site plan review and approval from the Planning Board prior to any land disturbance, including tree removal, and/or the issuance of any building permit or certificate of occupancy. Applicants will be responsible for all associated fees for site plan applications, municipal peer review, licensing and permitting. The CEO may approve, in writing, the clearing of small areas if specifically required during the site design phase of the project. The applicant shall submit a plan and narrative for the CEO's review and approval, including any additional conditions.

Minimum lot area and separate solar farms: Solar farms shall be situated on lots a minimum of 20 acres and separated by a minimum of 5,000 feet in all directions.

Maximum power: Solar farms shall be limited to a maximum size of five megawatts (MW).

Setbacks: All commercial solar farms shall provide a minimum of 100 feet in the I1 Zoning District and 100 feet in the I2 Zoning District uncut/undisturbed vegetation, except for open farmland, set back by continuous landscaping of plantings along exterior lot lines, surrounding (outside/beyond) the required security fencing. If the exterior lot line vegetation is disturbed it will be replaced with minimum six-foot in height evergreen plantings to bring the disturbed areas into compliance.

Shade management: The application shall include all areas where shade management is proposed, and a detail of the proposed shade management area (cut slope) in relation to the required buffers, fencing and solar panels and related equipment shall be provided. Shade management areas are prohibited within the required setback areas.

Buffering/visual mitigation: All equipment such as solar panels, transformers and equipment used in the operation of the solar farm shall be buffered/screened from adjacent roadways and surrounding residential uses regarding view and glare to minimize/mitigate view disruption. All direct views will be screened by two offset rows of evergreen plantings (dwarf spruce, hemlock, thuja or approved equal) with the use of a six-foot green privacy screen that affixes to the chain link perimeter fence to reduce glare and light refraction from the metal fence. The purpose of this minimum standard is to provide buffering, to the greatest extent practical, to provide a visual buffer of the solar farm from abutting residential properties, uses, other zoned areas, and public roadways. These vegetative areas shall be maintained by the solar farm operators/developers. The evergreen planting should be a minimum of four feet.

Project narrative. The applicant shall provide a detailed project narrative. The narrative shall specifically address how view and glare buffering will be provided from surrounding properties and roadways in addition to details of the below submittal requirements.

Environmental impact assessment. The application shall include the following:

Site plan. The application shall include site/landscape plans which shall include the following:

Cross sections. Cross sections of the site shall be provided which shall include:

Site maintenance plan. The application shall include a site maintenance plan outlining the efforts that will be undertaken to maintain the ground cover in and around the solar panels. The plan shall also outline maintenance of the internal travel system.

End of life - site restoration plan. The applicant shall submit a detailed "End of Life - Site Restoration Plan and Narrative" which would discuss and illustrate the following:

Air glare protection. Solar panels shall be anti-reflective materials, abbreviated by the Federal Aviation Administration (FAA) as "AR," and the applicant shall notify area airports and the FAA for their review and a two-week comment period. Copies of all correspondence shall be provided to the Town. Once the solar panel type is determined, a current MSDS sheet shall be provided to the Planning Board. If this type changes, then a new MSDS sheet will be provided for the replacement panels.

Public safety. The following information shall be included in the formal application submittal:

A solar farm that has reached the end of its useful life or has been abandoned consistent with this section shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal. The Code Enforcement Officer may grant a one-time extension of up to an additional 180 days at the request of the owner or operator of the system. Decommissioning shall occur consistent with the end of life - site restoration plan.

A solar farm shall be considered abandoned when it fails to operate for more than one year. The Planning Board may extend this initial period for an additional 24 months at the request of the owner of the system and with consent of the landowner and/or operator if different from the system owner. The applicant will be required to attend a site visit with the Code Enforcement Officer annually to inspect the site and prove generation of power.

An applicant for site plan review of a solar farm shall submit a performance guarantee in the amount of 125% of the expected decommission costs, including inflation over the expected life of the system, in the form of a performance bond running to the Town or some other form of surety that is acceptable to the Town Manager.

If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning as approved by the Code Enforcement Officer, the Town retains the right to use the performance guarantee or other available means to cause an abandoned, hazardous, or decommissioned solar farm to be removed.

The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits shall be approved by the Planning Board following a site plan review and prior to commencing any such operation.

The following earthmoving activities shall be allowed without site plan approval:

A sketch plan which shows:

Written statements and/or sketch plans which detail:

No part of any extraction operation shall be permitted within 100 feet of any property or street line, except that drainageways to reduce runoff into or from the extraction area may be allowed up to 50 feet of such line. Natural vegetation shall be undisturbed and maintained in buffer areas.

No slope steeper than three feet horizontal to one foot vertical shall be permitted at any extraction site unless a fence at least four feet high is erected to limit access to such locations.

Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation.

Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion according to the erosion prevention performance standards of this chapter.

Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer, in order to protect the surface water bodies from sedimentation.

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 Erosion and Sediment Control BMP Manual, March 2003.

The hours of operation at any extraction site shall be limited, from 7:00 a.m. to 6:00 p.m. during weekdays, unless otherwise specified by the Planning Board.

Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load.

All access/egress roads leading to/from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 100 feet from such public ways.

No equipment, debris, junk or other material shall be permitted on an extraction site except those directly related to active extraction operations, and any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations.

Within 12 months following the completion of extraction operations at any extraction site or any one or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board so that:

Any commercial operation involving the extraction, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter becomes effective may operate for a period of five years from the effective date without Planning Board approval. Existing operations, however, must submit to the Planning Board within 90 days of the effective date of this chapter a map indicating the area within which earth removal activity is anticipated within the five-year period and the area which has already been subject to earth removal activity. If no map is submitted within 90 days, then the operation must cease, and no earth removal activities shall commence, continue or resume until a Site Plan permit has been issued by the Planning Board.

Within 30 days of the effective date of this chapter or amendments, the Code Enforcement Officer shall notify, by certified mail, return receipt requested, the owners of all property which to the best of his knowledge may come under the provisions of this section. Said notification shall inform the property owners of the above submission requirement. Failure of any property owner, after proper notification, to submit the required information to the Planning Board within 90 days shall be a declaration of inactivity. No earth removal shall commence, continue or resume until the required permits have been issued.

If any existing operation is discontinued for a period of more than one year, then no earth removal shall commence, continue or resume until the required permits have been obtained. "Discontinuation" is defined as being the excavation, processing or storage of less than 10 cubic yards of material.

All stables, paddocks, and other areas where equines are kept, housed, fed, or cared for shall be a minimum of 100 feet from the nearest dwelling other than the applicant's.

Uncovered manure piles shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any body of water or well, and shall be placed on concrete pads.

Compost piles shall be covered and located at least 100 feet away from an abutting existing dwelling unit or restaurant.

All used bedding and manure shall be removed to a central collection point which meets the setback standards in § 140-52B, above, and removed from the site on a scheduled basis or composted on-site in a facility and using methodology approved by the USDA Natural Resource Conservation Service.

All feed and grain must be kept in enclosed rodent-proof containers.

Fencing: All paddocks, pastures, barnyards, or other enclosures must be kept adequately fenced to contain equines.

One standard parking space for every two equines boarded that are not the personal property of the owner. Additional parking spaces for shows and similar events shall be provided on site.

The Planning Board may require driveways to be paved based on the amount of peak hour daily traffic generated by the operation.

All exterior lighting shall be shielded so that the light source is not visible from adjacent properties or from public streets and private ways.

All exterior lighting, except security lighting, shall be terminated at 9:00 p.m. Depending on site visibility, the Planning Board may also require lighting of indoor riding arenas with translucent covers, windows or skylights to be terminated no later than 9:00 p.m.

The Planning Board may allow extended hours of operation to accommodate special events.

The Planning Board may impose visual buffering and landscaping screen requirements per § 140-32D in order to protect abutting properties from odor, unsightly views, noise, and lighting conflicts.

No motor vehicles or material shall be located on a sand and gravel aquifer or on an aquifer recharge area, as shown on the Town's Aquifer Protection Maps available in the Town office.

No motor vehicles or material shall be located within the one-hundred-year floodplain, as mapped by the Federal Insurance Administration, the Army Corps of Engineers or the United States Department of Agriculture.

A visual buffer capable of completely screening from view all portions of the automobile graveyard or junkyard shall be established and maintained along all property lines.

No motor vehicles or material shall be stored within 500 feet of any dwelling or school.

No motor vehicles or material shall be stored within 300 feet of any water body.

All criteria described in 30 M.R.S.A. § 3755[1] must be met.

Outside seating at approved restaurants or take-out/fast-food restaurants on private property so long as such seating complies will all other codes, ordinances and laws.

Outdoor sales of merchandise from displays located outside of a building, on the premises of an approved retail business.

Sales of food and merchandise at special events or festivals authorized by the Town Council of South Berwick.

Outdoor vending machines accessory to a commercial use.

Seasonal sale of produce, including but not limited to eggs, beef, poultry, and any product(s) made from such, and grown locally, plants and other agricultural-related products.

Operation of food trucks/carts are permitted to operate from public parking spaces or lots within the B1 District between the hours of 7:00 a.m. and 9:00 p.m.

Impede safe movement of vehicular or pedestrian traffic, parking lot circulation, or access to any public alley or sidewalk; operators are responsible for queuing customers in a manner that maintains a minimum four-foot-width, free and clear, for pedestrian passage along the sidewalk;

Remain parked within any public way for more than 12 hours;

Provide amplified music;

Set up within any designated sight triangle/vehicle clear zone;

Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart or, in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made;

Fail to have the vehicle/cart attended at all times;

Fail to permanently display to the public in the food-handling area of the mobile food vehicle/cart the permit authorizing such use;

Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use;

Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;

Locate within 25 feet of a street intersection with a crosswalk, traffic light, stop sign, bus stop or trolley stop.

In any zoning district other than the Industrial District, I1.

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

All activities of caregiver retail stores shall be conducted indoors. Caregiver retail stores are not permitted to conduct outdoor sales, displays or services of any kind.

Odor management. For all caregiver retail stores, the odor of marijuana must not be detected outside the building, or off site, i.e., must not be detected at premises that are not under the custody or control of the establishment, including at the property line. To prevent and control marijuana odors, an odor control plan shall be submitted as part of the site plan application describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises. Any change to an approved odor control system will be considered an amendment to the site plan and will require Planning Board approval. If responding to odor complaints from a caregiver retail store, with an approved odor control plan which is insufficient, the Town's Code Enforcement Officer (CEO) may work with the operator to bring the property into full compliance without Planning Board review. However, the CEO shall inform the Board of the complaint/s, measures taken to rectify, and when the property is in full compliance. The Board may, review or modify the corrective action should it deem additional actions are necessary to ensure full compliance. The odor control plan shall, at a minimum, include the following:

All caregiver retail stores shall have in place an operational plan for proper disposal of marijuana and related byproducts in a safe, sanitary and secure manner, and in accordance with all applicable federal, state and local laws and regulations. Dumpsters and trash containers must not be overflowing, and the surrounding area must be kept free of litter and trash. All dumpsters and containers shall be screened from public view. All trash receptacles on the premises used to discard marijuana products must have a metal cover or lid that is locked at all times when the receptacle is unattended and security cameras must be installed to record activities in the area of such trash receptacles.

Sufficient and appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana must be provided at all times.

The use of an approved building/property as a caregiver retail store, will continue to be valid for a period of one year, from the time that the operation under the existing caregiver/owner ceases to the approval of a new owner/operator, providing all state and local approvals for the new owner/operator are obtained prior to the issuance of a new occupancy permit.

The proposed new owner/operator of the caregiver retail store shall provide the Town's Code Enforcement Officer (CEO) a copy of their business proposal which shall be reviewed and, if the proposal is similar and compatible with the approved store the CEO may review and approve the change in operator/ownership.

Should the CEO determine that the proposed use/operation of the proposed store is significantly different from the Planning Board approved plans, the CEO shall direct the applicant to seek approval from the Planning Board.

Applicant must provide evidence to the Town Council of all land use approvals or conditional land use approvals required to operate a caregiver retail store pursuant to this section, including but not limited to, a building permit, conditional use approval, site plan approval, or certificate of occupancy.

Each applicant for a new or renewal license shall complete and file an application on a form prescribed by the Town Council, together with a $1,500 for new, $750 for renewal nonrefundable application fee required by this section and the following submissions:

The Town Council shall issue licenses to operate caregiver retail stores in the Town of South Berwick. Licenses issued under this section shall be approved at a Town Council meeting to be held with public notice and public hearing. The term of any license issued under this section shall be one year from the date of approval. Applications for any license shall be granted, granted with conditions, or denied by the Town Council. Conditions may be imposed on any license issued pursuant to this section as necessary to protect the health, safety, and welfare of the public. Licenses shall be granted in the order that qualified applicants submit a completed application plus the nonrefundable application fee.

No license shall be granted by the Town Council until the Police Chief, Fire Chief, Health Officer and Code Enforcement Officer have all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such officials.

A license under this article shall be denied to the following persons:

The Town Council may suspend or revoke a license for any violation of this section or any other applicable building or life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a caregiver retail store revoked suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.

Any license holder terminating or abandoning a license granted under this section must file a notice of termination or abandonment with the Town Clerk.

Licenses issued under this section are not transferable to a new owner. Any change in ownership or change in the officers of any corporation, limited liability company, partnership, or association, as applicable, shall require a new license. A caregiver retail store must obtain a new license within 90 days from a change in ownership or will be in violation of this section. Licenses are limited to the location for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location.

The Code Enforcement Officer is authorized to enforce the provisions of this section. Violations of this section shall be subject to civil penalties in the minimum amount of $100 and a maximum fine of $2,500. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of this section. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.

Applicant must provide evidence to the Town Council of all land use approvals or conditional land use approvals required to operate a medical marijuana cultivation/growing facility pursuant to this section, including but not limited to, a building permit, conditional use approval, site plan approval, or certificate of occupancy.

Each applicant for a new or renewal license shall complete and file an application on a form prescribed by the Town Council, together with a $3,000 for new, $1,500 for renewal nonrefundable application fee required by this section and the following submissions:

The Town Council shall issue licenses to operate medical marijuana cultivation/growing facilities in the Town of South Berwick. Licenses issued under this section shall be approved at a Town Council meeting to be held with public notice and public hearing. The term of any license issued under this section shall be one year from the date of approval. Applications for any license shall be granted, granted with conditions, or denied by the Town Council. Conditions may be imposed on any license issued pursuant to this section as necessary to protect the health, safety, and welfare of the public. Licenses shall be granted in the order that qualified applicants submit a completed application plus the nonrefundable application fee.

No license shall be granted by the Town Council until the Police Chief, Fire Chief, Health Officer and Code Enforcement Officer have all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such officials.

A license under this article shall be denied to the following persons:

The Town Council may suspend or revoke a license for any violation of this section or any other applicable building or life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a medical marijuana cultivation/growing facility revoked suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.

Any license holder terminating or abandoning a license granted under this section must file a notice of termination or abandonment with the Town Clerk.

Licenses issued under this section are not transferable to a new owner. Any change in ownership or change in the officers of any corporation, limited liability company, partnership, or association, as applicable, shall require a new license.

The Code Enforcement Officer is authorized to enforce the provisions of this section. Violations of this section shall be subject to civil penalties in the minimum amount of $100 and a maximum fine of $2,500. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of this section. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.

Odor control plan. An operator of a medical marijuana cultivation facility shall prepare and submit to the Town an odor control plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected offsite. A mechanical engineer, or other qualified professional, registered in the State of Maine, shall certify the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property. The Town may use contracted staff and peer review escrow fees to review an odor control plan. No use shall emit product odor across the lot lines in such quantity as to be readily detectable at any point along the lot lines. The plans shall also include:

An operator of a medical marijuana cultivation facility shall prepare an operations manual and safety plan. The operations manual and safety plan shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, storage and/or use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution. The operations manual and security plan shall be maintained at the facility and made available for inspection upon request.

An alarm system which shall have door and window intrusion alarms with audible and police notification components. Deadbolt locks on all exterior doors and locks or bars on any other access points (e.g., windows).

Exterior security lighting such as spotlights with motion sensors covering the full perimeter of the facility.

Video surveillance. Medical marijuana cultivation facilities shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall operate 24 hours a day, seven days a week. Records of surveillance shall be kept for a minimum of 30 days and shall be made available to the Town's Code Enforcement Officer, Police Department, and Fire Department upon request.

The structure(s) where a medical marijuana cultivation facility is operated shall meet all applicable requirements of the Town's building, electrical, fire, and other health safety and technical codes. The structure where a medical marijuana cultivation facility is operated shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees.

Maine municipalities are authorized to regulate registered caregivers under 22 M.R.S.A. § 2429-D, Local Regulation.

Registered caregivers as defined under prevailing laws and rules:

Registered caregivers shall apply and operate under local license and performance standards listed in this chapter.

This ordinance is enacted pursuant to authority granted 30-A M.R.S.A. § 3001, 22 M.R.S.A. § 2423-A(14) and 28-B M.R.S.A. § 402. The purpose of this section is to set forth procedures and standards for the issuance of local licenses for medical marijuana registered caregivers in-order to protect public health, safety, and welfare.

The Town Planner shall be responsible for the initial investigation of the application to ensure compliance with the requirements of this section and to obtain recommendations from other Town officials as required.

The Town Council shall have the authority to impose any conditions on a license that may be reasonably necessary to ensure compliance with the requirements of this section or to address concerns about operations. Failure of any licensee to comply with such conditions shall be considered a violation of the license and of this section.

No license shall be granted by the licensing authority until the Police Chief, Fire Chief, and Code Enforcement Officer all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such local officials. The Town Planner is responsible for ensuring the submission of documentation from the Code Enforcement Officer, Fire Chief, Police Chief.

For renewal licenses, the application, review process and reviewing authority shall be the same as for initial licenses. All renewal applications for medical cannabis registered caregivers shall be reviewed by the Town Council, which shall issue a renewal license only upon a finding that the MCRC has in the past license term been operating in accordance with this section as well as the MCRC previously submitted operations plan.

Licenses shall be approved only for the type of MCRC identified in the application. A licensee who intends to expand or convert licensed premises to a type of cannabis business this is not specifically approved in a license must obtain a new license for that use.

Any licensee that is required to obtain approval from the State of Maine shall provide the Code Enforcement Officer and Town Planner copies of all necessary approvals prior to operating the licensed business.

Authorized municipal official with authority to make recommendations, grant licenses or enforce this or other municipal ordinances regarding MCRC operations shall have the authority to enter the licensee's or applicant's premises without notice to make any inspection reasonably necessary to ensure compliance.

Each applicant for an MCRC license shall complete and file an application form provided by the Town Planner, together with applicable license fee. The application fee is nonrefundable. Two paper copies and one electronic copy of the application and supporting materials shall be provided.

If the Town Planner determines the submitted application is incomplete, they shall notify the applicant of additional information required. Supplemental requested information must be submitted within 30 days of the Planner's request or the application shall be denied.

Each license issued under this section shall be valid for term of the license granted by the State License Authority ("the license year") or otherwise for one year from the date of issuance. Applications for renewal licenses shall be submitted 90 days prior to the expiration of the existing term to allow for timely processing. Any MCRC which fails to obtain a renewal license prior to expiration of the existing term shall not have the authority to operate until the license is granted.

Applications for medical cannabis registered caregiver licenses will be processed as received and, forwarded to the Council for action. If additional documents or information is needed, the Town Planner will contact the applicant to inform them of the deficiency.

Fails to meet the requirements of this section.

Is not 21 years of age.

Has a license required for MCRC suspended or revoked by the Town, by a municipality in the State of Maine, or by the state.

Is in violation of this or any other ordinance or has unpaid penalties assessed by a court related to cannabis business.

Has not acquired all necessary state and local approvals prior to issuance of the license.

Fails to meet zoning or other land use, shoreland, resource protection ordinances.

Has been convicted of a criminal violation arising out of operation of a cannabis business.

Has provided false or misleading information in connection with the license application.

Odor must be mitigated in the allotted five days after being notified by the Code Enforcement Officer.

To obtain a license pursuant to this section, the applicant shall demonstrate to the Town Council or its designee the following requirements shall be met. A license holder shall comply with all these requirements during the term of the license.

Transfer of ownership or change of location: Licenses issued under this section are not transferable to a new owner. Licenses are limited to the premises for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location.

Medical cannabis registered caregiver license- No cultivation on-site: $1,500.

Medical cannabis registered caregiver license- cultivation conducted on-site: $3,000.

Medical cannabis registered caregiver license exchange/conversion application: $750.

Medical cannabis registered caregivers as a home occupation shall not include the employment of any persons not residing on the premises in the performance of the occupation. See Definition "cannabis cooperative."[1]

There shall be no outdoor storage of materials or products on the premises, associated with the business, on the premises. All outdoor waste disposal receptacles must have a metal cover and be always locked.

Municipal approval required: Major home occupations shall be reviewed and, if all applicable standards are met, approved by the Town's Code Enforcement Officer (CEO). If the CEO determines that the application does not meet the adopted standards the CEO may work with the applicant towards bringing the application/proposal into full compliance with the standards (curtailing the operations etc.) or the applicant may bring the matter to the Zoning Board of Appeals to challenge the CEO's determination.

Square footage limitations: A cannabis caregiver home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it and shall utilize, at a maximum, no more than 700 designated square feet per licensed caregiver or, where two registered caregivers are growing on/within the same property, a maximum of 1,200 square feet.

Odor control/mitigation:

Major home occupations shall not have any business-related signage visible from the exterior of the property.

Hours of operation: Client product pick-up times shall be limited to the following: 8:00 a.m. to 8:00 p.m.

Sufficient off-street parking shall be provided for one client parking space. If existing parking is sufficient, as determined by the CEO, no additional parking is required. In all cases parking shall resemble parking at a typical residential home.

Pick-up windows and/or drive-through service are strictly prohibited.

Exterior lighting: All exterior lighting shall be residential in nature installed to reduce light spillage into surrounding properties. This condition does not prohibit time-limited, motion-activated security lighting.

No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, heat, or radiation shall be generated.

A copy of the building layout must be provided to the Chief of Police and the Chief of Fire to ensure the safety of first responders.