The proposed project shall be based upon an adequate common plan of development; and

The proposed project shall make adequate provision for the use and maintenance of common or shared space such as, but not limited to, shared walls, parking, ingress and egress, signage and other common and shared space.

By way of a minimum twenty (20) foot wide right-of-way across the front lot deeded to the owner of the back lot; or

By the extension of the back lot to the public street so that the back lot has a minimum of twenty-five (25) feet of frontage on the street.

The private road must be located within a recoded easement at least thirty-three (33) feet in width,

The travelway must be a minimum of twelve feet in width if the road serves one lot or home or eighteen feet in width if the road serves two or more lots or homes.

The road shall be designed and constructed in accordance with the provisions of § 191-15 except that the road is not required to be paved [§ 191-15D(3)] or to have sidewalks [§ 191-15D(4)] and shall be approved by Town staff prior to any permits being issued for construction on lots accessed by the private road.

If the lot serves two or more lots or homes, provisions for the ownership and maintenance of the road must be approved by the Planning Board as part of the approval of the subdivision. These provisions must include a stipulation that the road shall remain private and that the Town will never be asked to accept the road as a public street unless the road is improved to meet the Town's standards for a public street. The provisions must also include a mechanism to assure that funds will be available for the regular winter maintenance and periodic repair and maintenance of the road.

The alteration of a building or structure.

The construction of an addition to a building or structure.

The construction or placement of an accessory building on the site such as a garage or shed.

The relocation of a building or structure.

The alteration, placement, construction, or removal of significant site features.

The demolition or removal of a building or structure.

The construction or placement of a new principal or accessory building on the site.

Alterations to a building or structure that substantially change the appearance of more than twenty-five (25) percent of the wall area of the front façade or change the orientation of the building to the street.

The construction of an addition to a building or structure.

An application for a CoA may be obtained from the Planning Office. A completed application shall be submitted to the Town Planner, who shall review the application for completeness. If the application is complete, he/she shall transmit it to the Historic Commission for action. If the application is incomplete, he/she shall notify the applicant and indicate the additional information that is required.

Public notice. The Commission shall hold a regular meeting on the application. Notice of the meeting shall be posted at least seven (7) days prior to the meeting. Written notice of the consideration of the application shall be mailed to all property owners within two hundred (200) feet of the parcel at least seven (7) days prior to the date of meeting.

The Commission shall act on the application within forty-five (45) days of the receipt of a completed application. The Commission shall make written findings of fact detailing the application's compliance with the standards of approval and the Secretary of the Interior's standards if applicable. When the Commission acts on the application, the action and related findings shall be forwarded to the Code Enforcement Officer, who shall then issue or deny permits, as appropriate.

The application shall state the location, use, and nature of the activity for which the CoA is sought.

The application and accompanying submissions shall contain at least the following information, unless any items are waived by the Commission:

Appeals of decisions of the Historic District Commission on the issuance or denial of a certificate of appropriateness or the Codes Enforcement Officer, shall be made within 30 days of the decision being appealed from. All appeals shall be made to the Board of Appeals under the provisions of Article X of the Zoning Ordinance.

Decisions of the Town Planner on exempt activities, § 225-18C, shall be appealed to the Historic District Commission within 30 days of the date of decision.

Appeals may only be made by an aggrieved party as defined in § 225-6.

The owner of a property in a Historic Overlay District may appeal the designation of the property as a contributing or noncontributing property. Such appeals shall be heard and decided by the Appeals Board following the procedures for administrative appeals. To reverse a classification, the Appeals Board must find that there is clear evidence that the property is misclassified based on documentation prepared by the Main Historic Preservation Commission (MHPC) qualified architectural historians.

A property will be used as it was historically or be given a new use that requires minimal changes to its distinctive materials, features, spaces, and spatial relationships.

The historic character of the property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

Changes to a property that have acquired historic significance in their own right will be retained and preserved.

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires the replacement of a distinctive feature, the new feature will match the old feature in design, color, texture and, wherever possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property would be unimpaired.

The alteration of a contributing building or structure.

The construction of an addition to a contributing building or structure.

The construction or placement of an accessory building, such as a garage or shed, on the site of a contributing building.

The relocation of a contributing building or structure.

The alteration, placement, construction, or removal of significant site features on the site of a contributing building or structure.

The demolition or removal of a contributing building or structure.

The building should be located on the lot so that the front setback is consistent with the setback of the principal buildings on adjacent lots and within the immediate neighborhood.

The general placement of the building on the lot should maintain the pattern of buildings and voids along the street.

The front entrance of the building should be oriented to the street.

The height, scale, and massing of the building should be visually compatible with the principal buildings on adjacent lots.

The design and location of site elements, including driveways, sidewalks, fences, and walls, should be visually compatible with the pattern of the immediate neighborhood especially with respect to scale and location on the lot.

The accessory building should be located to the side or rear of the principal building and be visually compatible with the principal building and principal buildings on adjacent lots.

The alterations should be visually compatible with the age and style of the principal building.

Alterations that attempt to replicate features from an earlier time period or that make the building look historic are inappropriate.

Additions should be visually compatible with the age and style of the principal building.

The placement of the addition in relationship to the principal building should be visually compatible with the principal building and principal buildings on adjacent lots.

Additions that attempt to replicate features from an earlier time period or that make the building look historic are inappropriate.

The building has been identified as a noncontributing property; or

The property owner has demonstrated that cost-effective repair of the building is not possible as documented by a structural engineer, builder, or architect with experience in the renovation of historic properties and that there is no buyer for the property willing to undertake its repair. If the structural integrity of the building is in such disrepair as to be hazardous, the structure may be condemned by the Code Enforcement Officer.

A map showing the proposed boundaries of the new overlay district or proposed changes to the boundaries of an existing district.

A listing of the properties included within the new district or proposed revision to an existing district showing the Tax Map and lot number of each parcel and the current owner as recorded on the Town's assessment records.

An evaluation of each property as a contributing or noncontributing building or structure using the methodology used in in the Topsham 2010 Historic Resource Survey or other methodology approved by the Maine State Historic Preservation Commission. If the amendment proposes to remove properties from an existing overlay district, the classification of those properties in the 2010 survey or subsequent historical survey must be provided.

Resource Protection.

Limited Residential.

Limited Commercial.

General Development.

(Reserved)

Stream Protection.

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

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

Expansions. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection 12C(1)(a) and (b) below.

Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or its designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this ordinance. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection 12C(1) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection 12C(2) above.

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Subsection 12C(1)(a) above.

Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.

Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses in the CFMA District, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Subsection 12C(4) above.

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

Contiguous built lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this ordinance, if all or part of the lots do not meet the dimensional requirements of this ordinance, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

Contiguous lots -- vacant or partially built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

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

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

Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

Wetlands associated with the Cathance River and Muddy River as shown on the Official Shoreland Zoning Map.

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

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

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

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

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

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

All new principal and accessory structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of great ponds and rivers that flow to great ponds, and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the General Development District the setback from the normal high-water line shall be at least twenty five (25) feet, horizontal distance, and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

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

The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this subsection.

The total footprint area of all structures, parking lots and other nonvegetated surfaces, within the Shoreland Zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the General Development District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA.

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

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

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

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

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

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

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

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

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

Except in the General Development Districts and Commercial Fisheries/Maritime Activities District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

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

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

One campsite per lot existing on the effective date of this ordinance, or thirty thousand (30,000) square feet of lot area within the Shoreland Zone, whichever is less, may be permitted.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

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

The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand (1000) square feet.

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

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

Auto washing facilities.

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

Chemical and bacteriological laboratories.

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

Commercial painting, wood preserving, and furniture stripping.

Dry cleaning establishments.

Electronic circuit assembly.

Laundromats, unless connected to a sanitary sewer.

Metal plating, finishing, or polishing.

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

Photographic processing.

Printing.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Commercial Fisheries/Maritime Activities District, parking areas shall be set back at least twenty-five (25) feet, horizontal distance, from the shoreline. The setback requirement for parking areas serving public boat launching facilities in districts other than the General Development I District and Commercial Fisheries/Maritime Activities District shall be no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

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

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

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

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

New permanent roads are not allowed within the Shoreland Zone along significant river segments except:

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

Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection 15Q.

Road and driveway grades shall be no greater than ten (10) percent except for segments of less than two hundred (200) feet.

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

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

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

Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six (6) square feet in area and shall not exceed two (2) signs per premises. In the Limited Commercial District, however, such signs shall not exceed sixteen (16) square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

Name signs are allowed, provided such signs shall not exceed two (2) signs per premises and shall not exceed twelve (12) square feet in the aggregate.

Residential users may display a single sign not over three (3) square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two (2) square feet in area.

Signs relating to public safety shall be allowed without restriction.

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

Signs may be illuminated only by shielded, nonflashing lights.

All new construction and development shall be designed in accordance with the requirements of § 225-34, Stormwater management, and shall minimize stormwater runoff from the site in excess of the predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

Stormwater runoff control systems shall be maintained in accordance with the requirements of § 225-34 to ensure proper functioning.

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following: a) clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than seventy-five (75) feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland and b) a holding tank is not allowed for a first-time residential use in the Shoreland Zone.

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

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

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

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 15M(4) below.

No part of any extraction operation, including drainage and runoff control features, shall be permitted within seventy-five (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 fifty (50) 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 seventy-five (75) feet and screened from the river by existing vegetation.

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

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

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

Manure shall not be stored or stockpiled within seventy-five (75) feet, horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, within the Shoreland Zone shall require a Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this ordinance.

There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, from other water bodies and coastal wetlands; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.

Newly established livestock grazing areas shall not be permitted within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor; within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan.

Shoreline integrity and sedimentation. Persons conducting timber harvesting and related activities must take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands occurs, such conditions must be corrected.

Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line of any water body or tributary stream, or the upland edge of a wetland. Subsection 15O-1(2) does not apply to minor, incidental amounts of slash that result from timber harvesting and related activities otherwise conducted in compliance with this section.

Timber harvesting and related activities must leave adequate tree cover and shall be conducted so that a well-distributed stand of trees is retained. This requirement may be satisfied by following one of the following three options:

Skid trails, yards, and equipment operation. This requirement applies to the construction, maintenance, and use of skid trails and yards in shoreland areas.

Land management roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and freshwater wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordance with the setback requirements in Subsection 15O-1(7) of this rule.

Crossings of waterbodies. Crossings of rivers, streams, and tributary streams must allow for fish passage at all times of the year, must not impound water, and must allow for the maintenance of normal flows.

Slope Table.

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

Except in areas as described in Subsection 15P(1), above, and except to allow for the development of permitted uses, within a strip of land extending seventy-five (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:

At distances greater than seventy-five (75) feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.

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

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection 15P.

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

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

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

Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:

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

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

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

Planning Board. A Planning Board shall be created in accordance with the provisions of state law.

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

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

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

Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in Subsection 14.

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

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

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

Will maintain safe and healthful conditions;

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

Will adequately provide for the disposal of all wastewater;

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

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

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities District;

Will avoid problems associated with floodplain development and use; and

Is in conformance with the provisions of Subsection 15, Land Use Standards.

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

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

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

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

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

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

Variance appeals. Variances may be granted only under the following conditions:

Administrative appeals.

Appeal procedure.

Appeal to Superior Court. Except as provided by 30-A M.R.S.A. § 2691(3)(F), any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within forty-five (45) days from the date of any decision of the Board of Appeals.

Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision within forty-five (45) days of its prior decision. A request to the Board to reconsider a decision must be filed within ten (10) days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within forty-five (45) days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abuttors and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony.

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

Code Enforcement Officer.

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

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

The Code Enforcement Officer may, upon written request, approve an exception to this prohibition to allow pesticides or herbicides to be used to:

The Brunswick and Topsham Water District shall be notified of any such requests and approvals.

Slow-release organic fertilizer;

Products used for households and agriculture; and

Natural organic compost that:

Management of stormwater runoff. The stormwater runoff from the use or expansion of the use shall be either retained on the specific property or allowed to infiltrate or transported off site through a subsurface stormwater system to the Town's collection system and shall incorporate stormwater management techniques to minimize runoff volume and rate, as well as pollution and nutrient loadings, from the site in accordance with § 225-34.

Groundwater contaminants.

Application of nitrogen fertilizer and manure is permitted subject to the approval from the Code Enforcement Officer. Permit applications shall identify materials and application rates.

All manure spreading shall be accomplished in conformance with the Maine Manure Utilization Guidelines, published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

Runoff from areas where manure or fertilizer is being applied to the land shall be controlled.

Application of manure or fertilizer to sand, or bare soil where the topsoil has been removed, is prohibited.

Regulatory flexibility. An applicant that elects to pay a vernal pools mitigation fee in accordance with the following provisions will have to comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Chapter 3, § 480, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This provision of the Maine Vernal Pools SAMP shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

Amount of the mitigation fee. The amount of the mitigation fee is the greater of: 1) 40% of the difference in the appraised value of the parcel proposed to be developed if it is subject to applicable state regulations and/or the United States Army Corps of Engineers general permit for the state with respect to vernal pools and the appraised value of the parcel if those state and federal vernal pool requirements no longer apply, or 2) the minimum mitigation fee if such a minimum is established by the Town. The minimum mitigation fee shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of terrestrial amphibian post-breeding habitat conserved for each impacted pool.

The difference in the appraised value of the parcel with and without the vernal pool requirements shall be determined by a certified general appraiser (CGA) currently licensed in Maine. The appraiser shall be employed by the applicant subject to approval by the Planning Department. The appraisal shall meet the Uniform Standards of Professional Appraisal Practice (USPAP) and will be subject to a peer review by a CGA selected by the Town.

Appraisal review fee. If the applicant elects the difference in appraised value approach, the applicant shall deposit the estimated cost for the peer review of the appraisal with the Town. The Town shall hold the fee in a separate account and shall use the fee only for the purpose of compensating the review appraiser. Should the amount of the initial deposit not cover the full costs for the review, the applicant shall be responsible for the difference and shall pay the Town prior to the issuance of any permits or approvals for the project. If the amount of the initial deposit exceeds the full costs for the review, the Town shall refund the balance to the applicant within 30 days of paying the peer review appraiser.

Payment of the mitigation fee. The mitigation fee shall be payable to the Town of Topsham and submitted to the Planning and Code Enforcement Office as part of a site plan review application or a subdivision plan review application, if such review is required for the proposed development; or, if no such review is required, prior to the commencement of any site work on the parcel or the issuance of any building or plumbing permits for the project whichever occurs first.

Regulatory flexibility. An applicant that elects to undertake permittee-responsible mitigation activities in accordance with the following provisions will have to comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Chapter 3, § 480, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This flexibility shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

Acceptable permittee-responsible mitigation activities. The applicant shall arrange for the protection of other vernal pools and associated amphibian terrestrial post-breeding habitat within designated Rural Areas of the community or in other communities in accordance with the municipality's vernal pool conservation plan and the conservation priorities of the SAMP. The compensation activities shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of terrestrial amphibian post-breeding habitat conserved for each impacted pool. The adequacy of the conservation shall be determined by the Planning Board in consultation with the Town's designated third-party conservation organization.

Verification. An applicant that elects to undertake permittee-responsible mitigation activities shall include in his or her site plan review or subdivision plan application evidence of title, right or interest in the property or properties subject to the proposed compensation activities, if the proposed development requires such review and certification that the designated third-party conservation organization is willing to accept the conservation project. In all cases, the designated third-party conservation organization must certify to the Code Enforcement Officer that the permittee-responsible mitigation activities have occurred prior to the commencement of any site work on the parcel or the issuance of any building or plumbing permits for the project, whichever occurs first.