There shall be a minimum of twenty-five (25) feet between vehicles; and

There shall be a minimum of forty-five (45) feet between all recreational vehicles and tents and public rights-of-way located inside the boundaries of the campground.

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

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

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

Access roads shall be laid out as loops to the greatest extent that is practicable, although culs-de-sac or dead-ends may be allowed to serve up to twenty (20) campsites.

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 compatibility with existing natural vegetation.

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

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

The portions of the site identified as Primary Conservation area.

The portions of the site identified as Secondary Conservation areas.

Contains or connects to existing undeveloped land of at least 10 contiguous acres, conservation land or land enrolled in a current use taxation program (tree growth, farmland, open space, working waterfront) as defined in Title 36 M.R.S.A. § 572, 36 M.R.S.A. § 1102, 36 M.R.S.A. § 1102, 36 M.R.S.A. § 1132, respectively.

Connection to existing or planned public recreational trail system that is mapped and on file in the Topsham Planning Office.

Recreational water access to the Muddy River, Androscoggin River, Cathance River, or the Little River.

Minimum lot size. There is no minimum lot size for lots that are part of an open space development except as follows. If a lot will be served by on-site water supply and sewage disposal, the lot must have a minimum of twenty thousand (20,000) square feet of area.

Minimum lot frontage or width. Each lot shall have a minimum of 12 feet of frontage on a public or private street for access to the lot. The Planning Board may allow for the access and frontage to be shared with other lots, provided there will be provisions for shared ownership and long-term maintenance in a form that is acceptable to the Town. [See § 225-17H(3)(d).]

Minimum front setback. Buildings that front on existing public streets must meet the front setback requirement of § 225-17 for the district in which it is located. The minimum setback of buildings and structures from internal streets or private accessways shall be identified on the approved development plan. Buildings must be set back a minimum of twenty-five (25) feet from the edge of the travel way of a street or the back of a sidewalk if one is provided unless more restrictive requirements are established by the Planning Board in approving the development plan. This setback applies whether or not individual lots are created.

Minimum side and rear setbacks. Buildings and structures that are located on lots that abut the perimeter of the subdivision must conform to the minimum setback requirements of the district in which it located. There is no required minimum side and rear setbacks from internal property lines. The minimum setback of buildings and structures from internal property lines shall be identified on the approved development plan. Principal buildings on the same or adjacent lots must be separated by a minimum of 15 feet.

Shore frontage. Shore frontage shall not be reduced below the minimum normally required for the Shoreland Zone in which the development is located.

Ownership by a conservation organization approved by the Planning Board with permanent restrictions on its future use; or

Ownership by the Town with a conservation easement to a conservation organization approved by the Planning Board.

Ownership by the developer with a conservation easement to the Town Conservation Commission or a conservation organization approved by the Planning Board; or

Ownership by a homeowners' association with a conservation easement to the Town Conservation Commission or a conservation organization approved by the Planning Board.

All new and replacement tanks must be constructed of fiberglass reinforced plastic (fiberglass), cathodically protected steel, or other equally noncorrosive material approved by the Maine Department of Environmental Protection (MeDEP).

Piping and below-ground ancillary equipment in contact with soil must be constructed of fiberglass, cathodically protected steel or other corrosion-resistant or noncorrosive materials approved by the MeDEP.

A liquid tight spill catchment basin of a minimum capacity of three (3) gallons for each tank fill, which is sealed around the fill pipe and will collect any spillage during product delivery.

Overfill prevention equipment that will automatically shut off flow into the tank when the tank is no more than 95 percent full; alert the transfer operator when the tank is no more than 90 percent full by restricting flow into the tank or triggering a high-level audible alarm.

Front: 20 feet.

Rear: 10 feet.

Side: 15 feet.

A minimum of 50% of the required open space shall consist of land that is suitable for active recreation (playgrounds, ball fields, jogging trails, etc.) or storage.

Developed open space (those areas in which the natural landscape is altered) shall be designed and landscaped for the use and enjoyment of park residents and shall be maintained for their long-term use. Plans for such areas shall be submitted by the applicant.

To the maximum extent possible, undeveloped open space (those areas in which the natural landscape is unaltered) shall be left in its natural state, notwithstanding improvements for nature trails, exercise trails and picnic areas.

The applicant shall submit a plan which specifies how designated open space is to be used and maintained, what conditions shall apply to its use, and proposed park rules, if any. The plan shall specify all areas to be dedicated to open space, recreation and storage.

Such designated open space shall be maintained and used for the purpose as stated in the plan.

Access points from a public road to industrial operations shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.

Such development shall not cause the level of service (LOS) on collector streets to fall below LOS B for the affected length of such streets, up to their intersection with a principal arterial.

In order to preserve the traffic capacity of roads and provide for safe access to developments, the number and spacing of curb cuts may be restricted. Such restrictions are subject to variation based on engineering judgment.

Any dwelling in the R-1 Zone existing prior to enactment of this chapter shall require 10,000 square feet for the first unit plus 2,000 square feet for each additional unit.

(Reserved)

New multifamily dwellings built in the R-1 Zone and connected to public sewer and water shall require 30,000 square feet of usable land for each two dwelling units.

New multifamily dwellings built in the R-2 Zone and connected to public sewer and water shall require 40,000 square feet of usable land for each two dwelling units.

New multifamily dwellings built in the Mixed Use Limited (MUL) Zone and connected to public sewer and water must have a minimum of 12,500 square feet of lot for each dwelling unit.

New multifamily dwellings built in the CC, RCU, LV, MV, VC, and LI Zones shall be connected to public sewer and water and shall have a minimum lot area of at least the minimum lot size for the first unit plus 1/2 of the minimum lot size of usable land for each additional unit.

New multifamily dwellings built in the MUC Zone shall have a maximum density of 18 units per acre.

New multifamily developments located in the R4 Zone shall be connected to public sewer and water and shall be allowed at the density specified in the Topsham Annex Reuse Master Plan, in the areas so identified. In those areas of the R4 not included in the Topsham Annex Reuse Master Plan, new multifamily dwellings may be constructed at a density of four (4) units per acre.

In the LV and LI Zones, the first unit shall adhere to the minimum lot size and each additional unit shall have 1/4 the minimum lot size for the zone and shall meet all other applicable dimensional and performance standards. In addition, multifamily developments in these zones shall be eligible for two bonus-density units.

In the VC Zone, the first unit shall adhere to the minimum lot size and each additional unit shall have 1/12 the minimum lot size for the zone and shall meet all other applicable dimensional and performance standards.

The proposed development shall provide for safe access to and from public or private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersections, schools and other traffic generators. All corner lots shall be kept clear from visual obstructions higher than three feet above ground level, for a distance of 25 feet, measured along the intersecting street lines.

The proposed development shall not have an unreasonable adverse impact on the public road system and shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic and by providing adequate parking and turnaround areas.

All developments containing 15 or more dwelling units may be required by the Planning Board to have more than one street access (for emergency and safety purposes). No more than two accesses shall be allowed on any single street or roadway.

Minimum lot size of 5 acres.

All construction shall be subject to the provisions of § 175-11, Commercial architectural review standards.

Normal hours of operation (that time in which activities are taking place on the premises) shall be limited to 7 a.m. to 10 p.m., Sunday through Thursday, and 7 a.m. to midnight on Fridays and Saturdays.

Shall be located only on a collector or arterial street.

The placement of the vehicle:

The operator shall have written permission from the property owner to locate the vehicle on said property. If the property is Town-owned, then permission shall be sought from the Board of Selectmen.

The operator shall have available, and under written agreement, at least three off-street parking spaces. In cases where on-street parking is available immediately in front, the operator must have one off-street parking space for any vehicle belonging to an employee working on a given shift.

Adequate provisions for solid waste disposal shall include, at a minimum:

The operator shall ensure that there is an adequate supply of potable water for cleaning equipment and the preparation of foods.

The operator shall ensure that there is an adequate and safe source of electrical power.

The operator shall ensure that all storage of food supplies and other business material is within the vehicle or other container secured to the vehicle. No loose material shall be permitted outside of the vehicle.

There shall be no signs placed on sidewalks or other rights-of-way. No temporary or mobile signs shall be allowed.

The trailer, or vehicle, being used shall be in good upkeep and provide a neat appearance.

Exterior seating is only permitted when sufficient off-street parking is provided, per § 225-27.

The removal or transfer of less than 50 cubic yards of soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert material from or onto any lot in any twelve-month period.

The removal or transfer of soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto.

The removal or transfer of soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert material incidental to construction, alteration or repair of a public or private way or essential service.

All debris, stumps, boulders and similar materials shall be removed and disposed of in an approved location or, in the case of inorganic materials, buried and covered with a minimum of two (2) feet of soil.

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

Storm drainage and watercourses shall leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point is not significantly increased.

At least four (4) inches of topsoil or loam shall be retained or obtained to cover all disturbed areas, which shall be reseeded and properly restored to a stable condition adequate to meet the provisions of the Environmental Quality Handbook, Erosion and Sediment Control, as amended or revised, published by the Maine Soil and Water Conservation Commission.

A map of the aquifer tributary to the spring(s) or well(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one (1) in ten (10) years, as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

The results of the investigation shall establish the aquifer characteristics, the rates of drawdown and rebound, the sustainable yearly, monthly (by month) and daily extraction rates, the cone of depression which may develop about the proposed facility and other impacts on the water table in the tributary aquifer and such other private or public wells within one thousand (1,000) feet of the proposed extraction facilities shall be assessed.

Nothing in this procedure and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

All parking area travel lanes and internal vehicular circulation routes shall be kept clear at all times to maintain emergency vehicle access. All fire lanes, as determined by the Fire Chief, shall be kept clear of vehicles, vendors, awnings, or any other obstructions at all times.

The owners shall provide an appropriate number of parking and security staff to assure the safety of those attending any fairground activities.

It shall be the responsibility of the owners to coordinate all access to and egress from the fairgrounds for any event with the local authorities.

The owner shall provide dust control measures that will be available on an as-needed basis.

The owners shall contact the Fire Chief, EMS Director, Police Chief and Codes Enforcement Officer (CEO) no later than 30 days prior to the start of the event to schedule any necessary inspections and to submit emergency action plans. Emergency action plans shall include arrangements for emergency response, contact information, schedules of events, emergency service coverage proposals, and insurance requirements related to public safety. The applicant shall provide the Fire Chief any state permits when received.

The Fire Chief and CEO shall be contacted at least 48 hours prior to the start of the event to conduct inspections for compliance with the standards in this chapter.

Nothing in this section shall prevent the Fire or Police Chief or EMS Director from requiring additional measures in order to meet an anticipated safety issue.

The standards for the annual fair activities shall apply for non-fair activities.

All activities shall cease operations no later than 11:00 p.m.

These uses do not require individual permits from the Codes Enforcement Officer as long as they are operated in compliance with the approved emergency action plan on file with the Fire Chief.

Outdoor concerts.

Outdoor motor vehicle racing events.

Overnight activities.

Activities scheduled to last later than 11:00 p.m.

Circuses and carnivals.

All performance standards applicable to the annual fair shall be applicable to special events.

The Board of Selectmen, or the CEO, has the authority to attach conditions to any license issued under this section.

Off-site parking cannot be utilized without written approval of landowners, and any such arrangements must be part of the license application.

The application for license shall include a full site plan, illustrating fire lanes, structures, parking areas, areas of use and types of usage proposed for each area.

All activities shall cease by 11:00 p.m., unless the Board of Selectmen permits different closing times during its approval of the annual license.

Drive-through services shall be placed to the side or rear buildings.

No parking shall be permitted in the required front setback along public streets.

Within the required front setback along Route 196, 80% of all trees over a three-inch caliper at a height of 4.5 feet and 50% of all underbrush shall be saved, except for the area of any access drive.

Flat roofs are not permitted on residential structures. All roofs must have a minimum pitch of 4/12.

Facades shall be articulated every 50 feet using varied setbacks, rooflines, materials or heights.

Planned necessary equipment would exceed the structural capacity of existing and approved towers, considering the planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment.

Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented.

Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively.

Other documented reasons that make it technically or financially unfeasible to place equipment planned by the applicant on existing or approved towers.

Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant;

Negotiate in good faith for shared use by other parties that have received federal licenses.

Six-foot to eight-foot evergreen shrubs planted in alternate pattern, five feet on center and within 15 feet of the site boundary.

One row of deciduous trees, not less than 2 1/2 inches to 3 inches caliper measured 6 inches above grade and spaced not more than 20 feet apart and within 25 feet of the site boundary.

One row of evergreen trees at least four feet to five feet in height when planted and spaced not more than 15 feet apart within 40 feet of the site boundary.

The Planning Board may determine that existing vegetation is either sufficient or supplemental plantings are needed to minimize visual impacts. In the case of infill plantings, the number of required plantings can vary from the above numbers, but the size and proximity to the site boundary shall be maintained.

The screening standards established in § 225-60.3F(10) are also applicable to developments such as gas tanks, water tanks and other facilities the Planning Board deems applicable.

A registered landscape architect or qualified landscaper shall prepare the screening planting plan and the Planning Board may require the applicant to submit a graphic visual impact analysis prepared by a registered architect, engineer or landscape architect. The registered professional shall provide a written report describing the methodology for creating the visual impact analysis graphics.

Monopole towers: at least every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the repeat sequence.

Self-supporting towers: at least once every five years following the completion of construction. The inspection shall take place between the fourth and fifth year of the repeat sequence.

Guyed towers: at least once every three years following completion of construction. The inspection shall take place between the second and third year of the repeat sequence.

A proven method to preserve long-term (30 years) affordability to low and moderate income buyers;

A formula for accruing limited equity to the buyer which includes any physical improvements to the property;

The option to return housing to market rates only if there are no qualified buyers within one hundred eighty (180) days of the property being on the market;

An option to the Topsham Housing Authority to purchase the affordable lots/units if no qualified buyers apply at the "affordable" price;

The enforceability of the mechanism;

The amount of administrative costs to the Town; and

The supervision of the agreement.

The applicant shall initiate the review process by delivering the Site Inventory and Analysis materials to the Planning Office at least twenty-one (21) days prior to a scheduled Planning Board meeting together with a request for the Board to initiate the review.

Upon receipt of a Site Inventory and Analysis submission, the Town Planner shall review the submitted material and determine whether the submission is complete, considering any requests for waivers of the submission requirements within five (5) working days of its receipt. If the planner determines that the submission is incomplete, he/she shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the item will not be scheduled for discussion by the Planning Board until the additional information is submitted. A determination of incompleteness by the Town Planner may be appealed, in writing, to the Planning Board. These steps shall be repeated until the submission is determined to be complete. When the submission is determined to be complete, the Town Planner shall place the item on the agenda for discussion by the Planning Board, and the Planner shall distribute copies of the submission to the Town Manager, Town Engineer, Public Works Director, Police Chief, Fire Chief, utility districts, and Conservation Commission for their review and comment. In addition, the Town Planner shall notify all abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet of the pending request and the date, time, and place of the meeting at which the Planning Board will initiate review of the Site Inventory and Analysis.

The Planning Board shall hold a public on-site inspection of the site to review the existing conditions, field-verify the information submitted, and investigate the opportunities and constraints of the site. This inspection shall be a formal meeting of the Board. The Board may schedule this visit either before or after the initial board meeting at which the Site Inventory and Analysis is considered.

Prior to preparing its findings, the Planning Board shall provide the public with the opportunity to comment on the Site Inventory and Analysis and whether it accurately reflects site conditions, the opportunities and constraints for the use of the site, and the issues that need to be addressed in the Master Plan. This can be a formal public hearing, public workshop, or other public session that allows for public comment on the submittal. The board shall provide appropriate public notice of this opportunity, including written notification of abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet, at least seven (7) days in advance.

The Planning Board may request peer review on any aspects of the submission in accordance with the provisions of § 175-7C, Consultant fees.

Within forty-two (42) days of the meeting for the initial consideration of the inventory and analysis, the Planning Board shall provide the applicant with its findings in writing.

The Site Context or Locus Map shall show the location of the development in the Town and its relationship to adjacent property. The map shall be drawn at a size adequate to show the relationship of the proposed development to the adjacent properties within one thousand (1,000) feet of the site, and to allow the Board to locate the site within the municipality. The location map shall show:

The Site Inventory Plan shall show the existing natural features and resources and built environment on and within five hundred (500) feet of the site. The Plan shall be an accurate scale plan of the site at a scale of not more than one hundred (100) feet to the inch. If this scale is not adequate to show critical details of the inventory, the Planning Board may require larger scale plans be provided for these portions of the site. The Plan must show the following as a minimum:

The Site Analysis Plan shall be at the same scale as the inventory plan [see Subsection E(2)(b) above] and highlight the opportunities and constraints of the site in a bubble diagram or annotated format. This plan must enable the Planning Board to determine: which portions of the site are unsuitable for development or use; which areas of the site have potential conservation or open space value that should be addressed in the Master Plan; which areas of the site may be subject to or create off-site conflicts or concerns (noise, lighting, visual intrusion, traffic, etc.); and which areas are well suited for the proposed use.

The Site Analysis Narrative must describe the existing conditions of the site, the constraints and opportunities created by the site, the potential for mitigating any potential conflicts or concerns, the open space conservation potential of the site, and the development potential of the site. This submission should include a narrative description of the existing road system that will provide access to the project and any issues related to traffic capacity, safety, sight distances, or other traffic considerations together with any preliminary studies done relative to the site, including traffic studies, market studies, or other information that will help the Board understand the site and the proposed project.

The applicant shall initiate the review process by delivering the Master Plan materials to the Planning Office at least twenty-one (21) days prior to a scheduled Planning Board meeting together with a request for the Board to initiate the review.

Upon receipt of a Master Plan submission, the Town Planner shall review the submitted material and determine whether the submission is complete, considering any requests for waivers of the submission requirements within five (5) working days of its receipt. If the Planner determines that the submission is incomplete, he/she shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the item will not be scheduled for discussion by the Board until the additional information is submitted. A determination of incompleteness by the Town Planner may be appealed, in writing, to the Planning Board. These steps shall be repeated until the submission is determined to be complete. When the submission is determined to be complete, the Town Planner shall place the item on the agenda for discussion by the Planning Board, and the Planner shall distribute copies of the submission to the Town Manager, Board of Selectmen, Town Engineer, Public Works Director, Police Chief, Fire Chief, utility districts, and Conservation Commission for their review and comment. In addition, the Town Planner shall notify all abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet of the pending request and the date, time, and place of the meeting at which the Planning Board will initiate review of the Master Plan.

The Planning Board must hold a public on-site inspection of the site except as provided below. The Board may schedule this visit either before or after the initial meeting at which the Master Plan is considered. The site inspection is a formal meeting of the Board. The Board may decide not to hold an on-site inspection if less than six months have elapsed since the Board conducted the on-site inspection in conjunction with the site inventory and analysis.

The Planning Board shall hold at least one public hearing on the Master Plan. The Board shall publish the time, date, and place of the public hearing at least two times in a newspaper of area-wide circulation. The date of the first publication shall be at least seven (7) days prior to the hearing. At least five (5) days prior to the hearing, the Town Planner shall notify all property owners within five hundred (500) feet of the boundary of the site of the public hearing by first class mail.

Within fifty-six (56) days of the meeting for the initial consideration of the Master Plan, the Planning Board shall either approve, approve with conditions, or disapprove the Master Plan. The Planning Board's action shall be based upon written findings of fact relating to the Master Plan's conformance with the approval criteria. The time for consideration of the Master Plan may be extended with the mutual consent of the applicant and the Planning Board. The Board shall provide the applicant with a written record of its action and supporting findings within seven (7) days of its action.

The Development Narrative must describe the overall nature of the proposed development, the general utilization of the site, the types and scale of anticipated development, and provisions to address the constraints and limitations identified in the Site Inventory and Analysis. The development narrative must specifically address how the approval criteria set forth in Subsection E(3) will be met.

The Conceptual Site Plan must be an accurate, scaled plan at the same scale as the Site Analysis Plan submitted in the Site Inventory and Analysis Phase and show the proposed layout of the entire site, the proposed use of various parts of the site, the primary road network, primary utility network, overall approach to stormwater management, proposed development areas, proposed open space areas, and proposed buffer areas. The conceptual site plan may show proposed uses in a bubble diagram or similar conceptual format and does not need to include the location of individual buildings. However, if buildings are not shown on the conceptual site plan, the development standards must address the site and architectural design issues related to the design of individual buildings and sites.

The Preliminary Infrastructure Plan must show the layout and preliminary design of the various infrastructure components that will serve as the core infrastructure for the site. This should address off-site infrastructure improvements where necessary. The Plan should include the proposed primary road network within the development, including network improvements identified in the Town's transportation plan as well as access into and out of the site, the public water and sewerage systems, the overall approach to stormwater management, including any mitigation activities to comply with the requirements of § 225-34, electric, cable, and fiber optic systems, and any shared or common facilities such as parking or service areas.

The Neighborhood Impact Mitigation Plan must describe how the impacts of the proposed development on neighboring residential areas, including traffic, noise, exterior lighting, and visual considerations, will be minimized and how the approval standard relating to the protection of neighborhoods will be met. The impact mitigation plan must specify the areas that will be retained as buffers and how those areas will be treated and protected. The plan must include representative cross-sections showing the relationship of the proposed uses, adjacent residential areas, and the planned treatment of the buffer areas. The plan must include any specific standards or requirements that will be imposed on individual buildings or projects such as increased setbacks, buffering or landscaping, and similar measures.

The Environmental Assessment must identify and evaluate the importance of the natural resources on the site based upon the Site Inventory and Analysis, detail how the Conceptual Site Plan has been designed to minimize encroachment on high value resources identified in the Site Inventory and Analysis, describe actions that will be taken to reduce adverse impacts on these resources from the proposed use of the site, and what mitigation activities will be undertaken to compensate for any undesirable negative impacts. The Environmental Assessment must also address how the development will conform, in a general sense, to federal, state, and local environmental regulations.

Development and Design Standards that will apply to individual buildings or projects if the Conceptual Site Plan does not address site and building design issues. The standards should assure that the development will conform to the design elements of the vision for the MUC-1 District and result in a coordinated, visually-integrated district. These standards must address, at a minimum, parking layout and design, landscaping, exterior lighting, signage, pedestrian and bicycle facilities, noise, and architectural design and details. The following specific areas must be addressed in the proposed standards if applicable to the development proposed in the Master Plan. These standards may reference the existing standards for the MUC-1 District and/or the site plan review standards where appropriate or establish modified or new standards.

The Master Plan is consistent with the Site Inventory and Analysis and reflects a reasonable utilization of the site given both environmental and built-environment considerations. Areas that are proposed to be intensively developed or used are located in the areas identified for development in the Site Inventory and Analysis. Areas that were identified as being unsuitable for development in the Site Inventory and Analysis are protected and the adverse impacts of development mitigated. Areas that that were identified as having open space or conservation and natural resource value in the Site Inventory and Analysis have been addressed and the resource value maintained through the utilization of the site, mitigation activities, and/or on or off-site compensatory activities. Other issues and concerns identified in the Site Inventory and Analysis have been appropriately addressed in the Master Plan.

The Master Plan is consistent with the Town's vision for development of the MUC-1 District. The elements of the vision are set in boldface in the following sections. Determination of the Master Plan's conformance with the vision shall be based on the following:

The facades of any buildings facing Route 196 or I-295 must be treated from an architectural standpoint similar to the front wall of the building. Service areas, loading docks, drive-through facilities, storage areas, and similar facilities must either be located so they are not visible from either Route 196 or I-295 or screened with vegetation and landscaping, berms and other changes in topography, and/or fencing.

The building or development must conform to the planting setback requirements of § 175-10E that apply to the Mixed Use Commercial District.

Vehicular access to the existing lots that front on Route 196 may continue to be directly from Route 196 to serve the continued use of the existing buildings. If these lots are redeveloped or incorporated into a larger development or if the existing buildings or parking is expanded by more than fifty percent (50%), the site layout shall provide for the connection of the lots to an internal road system serving the overall district to replace the direct accesses to Route 196. If such a road network is not in place and will not be constructed as part of the project, the owner must agree as part of the approval of the site plan to connect the project to the internal road system within one (1) year of this becoming feasible.

Lots that do not currently have direct vehicular access to Route 196 must be provided with vehicle access through an internal street or roadway network.

Allows for the creation of an internal road network to serve all of the MUC-1 District in a reasonable manner.

Allows for the possible future establishment of a connector road from Route 196 to the River Road and/or a connector to the Topsham Fair Mall area under I-295.

Provides for the vehicular access to all new lots and buildings (except for the continued use of the existing lots fronting on Route 196) from the internal road network even if the road network will not be completed until some future time.

Allows for the creation of coordinated utility networks, including public water, public sewerage, and electricity, to serve all of the MUC-1 District in a reasonable manner.

Provides for the provision of utilities to all new lots and buildings (except for the continued use of the existing lots fronting on Route 196) from the coordinated utility networks even if the networks will not be completed until some future time.

Prior to submitting an application for approval of the proposed project, the applicant may meet informally with the Board at a regular meeting to present a sketch plan and generally discuss the proposal and to obtain guidance in development of the plan. The sketch plan shall include:

Upon written request by the applicant, the Board, at its discretion, may waive certain submission requirements specified in Subsection 7E due to the nature or size of the project.

The Board shall indicate any additional studies and other approvals from local and regional and state agencies that may be required. Letters from these agencies shall be included as a part of the application and/or review.

The Board may, at its discretion, make an inspection of the site prior to submission of the application.

Within 30 days from submission of a preapplication and sketch plan and following an on-site inspection, if applicable, the Board shall submit in writing to the applicant a checklist of the specific information which shall be included in the formal application to the Board.

A fully executed and signed copy of the application for wind generator review.

Evidence of right, title or interest in the property, such as deed, option to purchase, lease, or agreement.

A site plan drawn at a scale sufficient to allow review of the items listed under the preceding general standards but not at more than 50 feet to the inch for that portion of the total tract of land being proposed for development, and showing the following:

Structural assessment.

The Planning Board will require a scenic assessment consisting of one or more of the following:

A signed statement that the owner of the wind generator facility and his or other successors and assigns agree to pay for the costs of removing the facility if it is abandoned.

Within 45 days of the acceptance of a complete application, the Board shall act upon the application. This period may be extended by mutual written agreement.

The Board shall inform the applicant in writing of its decision within seven (7) days of its action.

One copy of the approved wind generator application shall be retained in the Town Office and one copy shall be given to the Code Enforcement Officer.

The Board may attach reasonable conditions to approvals to ensure conformity with the purposes and provisions of this section.

If the application concerns property which in whole or part is within any Shoreland Zone, the criteria included in the Shoreland Zoning Ordinance[1] shall be reviewed concurrently with the wind generator application.

All approvals shall expire within one year of the date of issuance unless work thereunder is substantially commenced within one year from the date of approval. If work is not substantially completed within two years from the date of issue, a new application may be required by the Board.

Vertical top of blade or other component: 75 feet.

Vertical top of blade or other component: 150 feet.

Tower climbing apparatus located no closer than twelve (12) feet from the ground.

A locked anti-climb device installed on the tower.

A locked, protective fence at least six (6) feet in height that encloses the tower.

Except during short-term events including utility outages and severe wind storms, the audible noise due to wind generator operations shall not be created which causes the noise level at the property boundary line of the proposed site to exceed the following: forty-five (45) dBA at the lot line abutting residential properties; or to exceed fifty-five (55) dBA at the lot line abutting commercial lots. Certification shall be provided before construction demonstrating compliance with this requirement.

Where the abutting property is undeveloped, the sound level shall be equal to or less than the most restrictive other abutting use. Where there are no uses on abutting properties, the sound level at the property line shall be equal to or less than the least stringent use allowed in the zoning district.

Descriptions of the regular operation and maintenance of the facility, including the frequency and scope of regular inspections and the frequency and method of vegetation management.

The time line and process of decommissioning of the system.

An engineer's estimate for the cost of decommissioning of the system.

Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar energy conversion systems should be sited to minimize or negate any solar glare onto nearby properties or roadways, without unduly affecting the functionality or efficiency of the solar energy conversion system.

Preference should be given to locating the system on previously developed, degraded, or marginally productive portions of the property. No topsoil or prime agricultural soil shall be removed from the site for the installation of the system, except as necessary to comply with this section or other applicable laws.

Reasonable efforts, as determined by the approval authority, shall be made to place all utility connections underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

Site lighting shall be limited to that required for safety and operational purposes, and shall meet the performance standards for the same in § 175-9.

Signage and advertising shall be limited to that which provides identification and contact information of the owner and/or operator or which provides safety or warning messages to the public.

If the facility is fenced, fencing shall be elevated a minimum of six inches to allow for the passage of small terrestrial animals.

Solar energy conversion systems shall maintain a clear area of 10 feet around the perimeter of the installation.

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization of the site to minimize erosion. The approval authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to extant vegetation.

Revegetation. Native, pollinator-friendly seed mixtures shall be used.

The applicant will provide financial assurance for the decommissioning costs, in the form of a performance bond, surety bond, or evergreen letter of credit, for the total cost of decommissioning. The financial assurance mechanism shall be effective prior to the commencement of construction.

The value of the surety shall be based on a professional engineer's estimate submitted by the applicant and approved by the Planning Board. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.

Every five years subsequent to the initial effective date of the surety, the owner shall submit an updated engineer's estimate and surety to the Planning Office for review and approval. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.

The Planning Board may modify or waive the requirement for surety when the Planning Board determines that because of the special circumstances of the site or project, such application requirements or standards would not be applicable or would be an unnecessary burden upon the applicant and not adversely affect the general health, safety and welfare of the Town.