Compliance with all building codes applicable to the construction of an accessory apartment is required.[1]

The affordable housing development may be developed at 2.5 times the net residential area or acreage calculated in accordance with § 120-541.

The affordable housing development may be developed with an increase of 20% in building height and reduction of 20% in lot size and lot frontage without obtaining a variance from the Board of Appeals.

In no event shall the parking requirement be greater than two off-street parking spaces for every three dwelling units of an affordable housing development.

The period of affordability shall be at least 30 years after completion of construction.

An application for a subdivision or other residential development that includes a request for a density bonus under this section shall include a written statement on the subdivision plan or other filing plat indicating the dwelling units are earmarked as affordable. Such plat must be approved and signed by the Planning Board and then filed at the Cumberland County Registry of Deeds prior to receiving any building permits.

The method of guaranteeing affordability is determined on a case by case basis by the Town, provided that the application demonstrates to the satisfaction of the Planning Board that, by means of restrictive covenants, deed restrictions, financial agreements, or other appropriate legal and binding instruments, the dwelling units will remain affordable for the required period of time.

A copy of the deed restriction shall be included as part of the subdivision or other residential development application and the deed restriction shall reference the book and page number at which the subdivision/residential development plan is recorded in the Cumberland County Registry of Deeds. Affordable housing covenants shall be held and enforceable by a party acceptable to the Town.

The period of enforceability shall be guaranteed by the developer in a document satisfactory to the Town and recorded at the Cumberland County Registry of Deeds prior to granting a certificate of occupancy for the affordable housing development. The document shall include, but not be limited to, authorization for the Town to seek the penalties outlined in the document and to seek injunctive relief, including attorney's fees and costs, or both.

Farm buildings, other than dwellings: 50 feet from the property line or 100 feet from an existing dwelling on neighboring land, whichever is farthest.

Feed lots, fenced runs, pens and similar animal-raising and -care facilities: 100 feet from a neighboring property line, excluding pastures.

Roadside stands for the sale of agricultural products: 20 feet from the nearest edge of roadway surfaces.

Sales of retail items customarily associated with the primary agricultural business on the property, but not grown, produced, assembled or manufactured on-site, may be permitted, provided that the lesser of the following two options is met:

The gross square footage of the agricultural business shall be calculated using the sum of both the interior and exterior areas used as part of the agricultural business, including any accessory uses to the agricultural business.

Stands shall be allowed in all districts in which agriculture is a permitted use or conditional use.

Stands shall be used exclusively for the sale of agricultural products.

Signs shall conform to provisions set forth in Article 7, Signs.

Stands shall be operated on land owned or leased by the person, company or partnership that cultivated and/or produced the agricultural products sold from the stand. The stand does not have to be on the same property on which the agricultural product was cultivated and/or produced.

The setback requirement of § 120-502A(3), above, shall apply.

Dogs and cats. No limitations.

Horses, ponies and other large pets. The raising of more than two of each species of such animals six months of age or older requires conformance with this § 120-502 and the standards of the applicable land use district.

Chickens. The keeping of chickens is governed by the standards of § 120-504, Agriculture, poultry facility, and Chapter 15, Animals, Article II, Domesticated Chickens.

Structures: 50 feet.

Feed lots, pens and extensively used areas: 100 feet.

Structure, including barns or coops: 50 feet.

Feed lots, pens and extensively used areas: 100 feet.

Burned vehicles shall be stored under cover to protect them from the elements.

No stacking of vehicles will be allowed.

The State Fire Marshal certifies the structure to be in compliance with applicable sections of the NFPA 101 Life Safety Code;

All necessary state approvals have been received; and

A certificate of occupancy has been issued by the Code Enforcement Officer.

Create attractive visual settings designed to break up or interrupt building lines, accent buildings and scale down larger architectural elements; surround and frame signs; and substantially obscure headlights and other glare caused by vehicles, windows, outdoor lighting, or other modifications of the landscape.

Reduce the impact of noise and mask its source.

Reduce air pollution, wind, dust, dirt, and litter and contribute to healthy air and water quality.

Help prevent undesirable access to dangerous areas.

Direct the eye to more attractive views in keeping with the planned character of the Town.

Unless otherwise stated, the buffer yard requirements shall apply:

Natural features shall be maintained wherever possible to meet buffer requirements. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide an effective buffer, landscaped buffers shall be created. Indigenous plantings shall be used whenever possible; landscape plans shall strive for a "natural" look.

Although this section does not prohibit landscaping within a road or street right-of-way, no part of the right-of-way shall be used to satisfy the buffer yard requirement.

Buffer yard design and materials.

Table 1 shall be used in determining the specific buffer yard width and landscaping requirements along perimeter property lines of developments.

Buffers for abutting land uses.

Buffers along streets.

Board of Appeals. The Board of Appeals shall serve as the review authority for all conditional use applications, except where the application is reviewed by the Planning Board.

Planning Board. The Planning Board shall serve as the review authority for all conditional use applications that are submitted in combination with the following:

Applications to the Board of Appeals shall be filed at least 21 days prior to the meeting at which the applicant wishes to be heard.

Submissions to the Planning Board shall meet the submission deadlines for subdivision or site plan review applications, as appropriate (See Articles 8 and 9).

A cover letter describing the requested conditional use and location of the property.

Written statements describing how the conditional use will meet the review criteria of this section.

Diagrams and/or photographs demonstrating that the conditional use will meet the review criteria of this section. If the information is contained in either a site plan or subdivision application, it must be referenced in § 120-516D(1), above.

Proof of right, title or interest in the property on which the conditional use will be located.

An "ability to serve" letter from the Portland Water District if public water or sewer is to be supplied to the conditional use.

Documentation of the applicant's technical capacity to implement the proposed use.

A nonrefundable application fee as established by the Town Council.

A peer review escrow deposit as established by the Town Council. Unexpended peer review escrow funds shall be returned to the applicant.

The review authority may retain the services of an independent consulting firm for the review and/or post-approval inspection of any conditional use application.

The following procedures shall govern the use of an independent consulting firm:

The review authority shall hold a public hearing on any conditional use application.

Notification requirements. The notice shall contain the time, date, and place of the hearing and be:

Property value. The proposed use will not depreciate the economic value of surrounding properties.

Wildlife habitat. The proposed use will not damage significant wildlife habitat or spawning grounds identified by the Maine Department of Inland Fisheries and Wildlife or by the Town of Windham's Comprehensive Plan.

Botanical species. The proposed use will not damage rare or endangered botanical species as identified by the Maine Department of Agriculture, Conservation and Forestry or by the Town of Windham's Comprehensive Plan.

Potable water.

Sewage disposal. The proposed use has adequate capacity to dispose of sewage waste. A change from one use to another use must show that either:

Traffic. The proposed use has adequate sight distance as established by current Maine DOT Highway Entrance and Driveway Rules.

Public safety. The proposed use will not overburden police, fire and rescue services, as determined by response time, accessibility to the site of the proposed use, and numbers and types of emergency personnel and equipment presently serving the community.

Vibration. The proposed use will not produce inherently and recurrently generated vibrations that exceed a peak particle velocity greater than 2.0 at the closest protected structure, as defined by the Maine Department of Environmental Protection.

Noise. The proposed use shall meet the noise standards in § 120-812S of Article 8, Site Plan Review.

Off-street parking and loading. The proposed use meets the parking and loading standards of § 120-812C of Article 8, Site Plan Review.

Odors. The proposed use will not emit noxious or odorous matter in such quantities as to be offensive at the lot boundaries.

Air pollution. No emission of dust or other form of air pollution is permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission, from any activity permitted, composed of any solid or liquid particles in concentration exceeding 0.3 grain per cubic foot of the conveying gas or air at any point.

Water pollution. No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such nature or temperature as to contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements is permitted.

Erosion and sediment control. The proposed use will not cause water pollution, sedimentation, or erosion, nor contaminate any water supply, nor reduce the capacity of the land to hold water, so that a dangerous or unhealthy condition may result.

Hazardous material. No use shall for any period of time discharge across the boundaries of the lot wherein it is located toxic and noxious matter in concentrations so that a dangerous or unhealthy condition may result.

Zoning district and performance standards. The proposed use meets the applicable zoning district standards in Article 4 and the applicable performance standards of Article 5.

Solid waste management. The proposed use shall provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.

Use specific standards. The proposed use complies with all other performance standards within this Article 5, specific to the proposed conditional use.

The location of drives, parking areas, lighting, signs, dumpsters, snow storage areas and outdoor storage areas.

Access to the site for vehicular and pedestrian traffic, and emergency access.

Sight distance at access points.

Fences, screening and buffering.

Landscaping and stormwater drainage.

Hours of operation.

Any other factors relating to the impact of the proposed use on neighboring properties.

The applicant shall be responsible for all third-party inspections,

An escrow account for the provision of third-party inspections shall be established prior to the issuance of a building permit, or installation of the proposed use. All unexpended funds from the escrow account shall be returned to the applicant.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

All lighting shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings.

All lighting shall be designed and directed to minimize light levels at the property line.

The Code Enforcement Officer may require a lighting plan or lighting details when areas to be illuminated are near property lines. Such information may become a condition on a building permit or certificate of occupancy.

F, FR, RL, RM, VR Districts.

C-1, C-1N, C-2, C-3, C-4, I, VC, WC Districts.

No driveway, entrance or approach or other improvement within the limits of a public right-of-way may be constructed, altered or relocated except in accordance with an entrance permit issued by the Town upon application.

The Town Council may establish the fee for an entrance permit.

Entrance permits shall be reviewed and approved by the Director of Public Works, or his designee.

The entrance permit shall be valid for a period of 12 months from the date of original issue.

No entrance, approach or other improvement constructed on a public right-of-way shall be relocated or its dimensions altered without an entrance permit from the Town.

The property owner is responsible for future maintenance of the entrance within the limits of the public right-of-way and shall maintain the entrance in accordance with the approved permit.

All work to a curb cut in accordance with the approved permit must be completed prior to the issuance of a certificate of occupancy for any structure accessed by said curb cut, except for the following:

General. Entrances shall be designed and constructed to provide safe access to the public right-of-way. Applicants are encouraged to comply with the "Access Management Handbook for Local Officials" as developed by the Maine Department of Transportation, 1994, as amended.

Applicant. The applicant for a permit shall be the owner of the property being served, or his designee. Any driveway or approach constructed by the owner shall be for the bona fide purpose of securing access to the owner's property and not for the purpose of parking or servicing vehicles in, or on, the public right-of-way.

Sight distance criteria. All entrances shall be so located such that vehicles approaching or using the entrance will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.

The entrance shall have a maximum slope of 3% for a minimum of one car length from the edge of pavement of the public street.

For uncurbed public rights-of-way, the entrance shall in general slope away from the public street surface at a rate of not less than 1/4 inch per foot nor more than one inch per foot for a distance of not less than the prevailing width of the existing shoulder, but in no case less than four feet from the edge of pavement.

The entrance should intersect the traveled public street in accordance with the applicable standards in Table 3 in Appendix B for a driveway and entrances, the minimum angle of street intersection standards for a local street shall apply. (See Table 3 in Appendix B, Street Design and Construction Standards.[1])

No part of the entrance shall extend beyond the property lot frontage for the lot being served.

The entrance shall be set back at least 50 feet from a public intersection.

Existing roadside drainage in gutter or ditch lines shall not be altered or impeded by the applicant. The applicant must provide at his/her expense suitable and approved drainage structures at all entrances.

The applicant, at his/her expense, may be required to make improvements to existing drainage structures to mitigate any impacts of the proposed curb cut.

Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.

Where a drainage culvert is required to maintain roadside drainage, the Town must approve the pipe diameter/length and type of pipe material prior to installation. In any case, the pipe size shall be at least 12 inches in diameter.

The owner shall be responsible for all construction and restoration of disturbed areas for the entrance within the limits of the public right-of-way.

The entire portion of any entrance within the limits of the public right-of-way shall be constructed with a well-graded gravel base course that meets the aggregate subbase standards for the street on which the entrance is located. (See Table 4 in Appendix B, Street Design and Construction Standards[2]).

The entrance shall have a paved apron that extends at least four feet back from the edge of pavement of the public street. At a minimum, the paved apron shall consist of a 1.5-inch base course that complies with the HMA 19.0 mm standard.

When sidewalk or curb exists at the proposed entrance, the applicant shall remove and replace such materials at the applicant's expense. Any granite curb to be removed by the applicant will remain the property of the Town.

Where curb exists, curb tip-downs shall be provided at each side of the new entrance.

Where sidewalk is removed to accommodate a new entrance, a new walk surface of equal-type construction is to be provided. In general, sidewalks shall meet the following standards:

The sidewalk area at all entrances shall meet the standards of the Americans with Disabilities Act.[3]

Mailed to the owners of all abutting property at least seven days prior to the hearing.

Advertised in a newspaper of general circulation at least seven days prior to the hearing.

Uses that meet the standards of § 120-526E. Uses may include public or private events such as meetings, parties, weddings, receptions, dances, sporting events and on-site lodging for the special event.

The property serving as the site for a farm enterprise shall be at least five contiguous acres and principal agriculture use. The property may or may not have a residential use.

The farm enterprise shall be owned by the owner of the agriculture use.

The farm enterprise is located on property owned by the owner of the agriculture use.

Should the farm enterprise not be conducted in an existing structure, new structure(s) constructed, or temporary structures, such as tents, erected for the sole purpose of conducting a farm enterprise shall not exceed a total of 10,000 square feet of ground area.

Noise. The standards in § 120-812S shall apply.

Hours. Hours of operation shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

Lighting. All lighting associated with the farm enterprise shall be turned off by 11:00 p.m. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings and so that they do not unnecessarily light the night sky.

Parking. In addition to the off-street parking provided to meet the normal requirements of the farm, adequate off-street parking shall be provided for the following:

Sewage. Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the farm enterprise. Temporary use of portable toilet units is allowed for special events. Prior to each event, the location and number of portable toilet units shall be approved by the Code Enforcement Officer.

Traffic.

Operation limits for public or private events, and other types of periodic uses. No more than 24 individual events may be held in a calendar year.

Artist studio.

Small engine repair.

Business and professional office.

Service business, personal [see § 120-527C(1) below].

Medical marijuana registered caregiver (home occupation) (see § 120-537, Marijuana businesses).

Service business, personal. When authorized as a home occupation 1, this use shall not include laundry or dry-cleaning services. (Laundry and dry-cleaning services may apply under § 120-528, Home occupation 2).

Mailed to the owners of all abutting property at least seven days prior to the hearing.

Advertised in a newspaper of general circulation at least seven days prior to the hearing.

Uses that meet the standards of § 120-528F.

Uses that are not prohibited by § 120-528E.

Auto repair services.

Welding.

Slaughterhouse.

Smokehouse.

The home occupation shall be carried on wholly within the dwelling or accessory structure.

The home occupation shall be carried on primarily by a member or members of the family residing in the dwelling unit. Not more than two persons who are not family members residing in the dwelling unit shall be employed.

There shall be no exterior display, no exterior sign, other than those permitted in § 120-705D of Article 7, Signs; no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

Objectionable conditions, such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare or activity at unreasonable hours, shall not be permitted.

In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the following:

The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit. The basement floor area and accessory structure floor area shall be excluded in the calculation of the 20%.

Evidence shall be provided that the property's subsurface disposal system can accommodate the wastewater generated by the home occupation.

The home occupation shall not generate traffic of a substantially greater volume than would normally be expected in the neighborhood.

If renting or leasing, the tenant must demonstrate the property owner's approval.

Outdoor areas: All outdoor areas shall be no less than 500 square feet (SF) and based on the number of dogs in the daytime care program. The outdoor areas that are to be used by animals shall be fully enclosed by solid, soundproofed fencing and buffered with permanent plantings that completely obscure such fence. Such outdoor areas shall have an artificial ground covering, such as artificial turf or a similar substance, and shall have a natural sub-base consisting of gravel, pea stone, or similar substance.

Noise control: All kennels are subject to the maximum noise standards established in § 120-812S of the Code.

Hours of operation: Major kennels may be open to the public from 6:30 AM to 6:00 PM. Overnight boarding may occur as necessary but shall observe "quiet hours" from 6:00 PM until 6:30 AM at which time all boarding animals shall be kept inside.

Overnight boarding capacity: All major kennels providing overnight boarding services shall satisfy the following minimum indoor capacity requirements: Each cat shall be provided with a minimum of four square feet of indoor floor area. Dogs shall be provided minimum floor area based on adult weight, with small to medium-sized dogs weighing five pounds to 60 pounds provided not less than 24 square feet per dog, and large dogs weighing more than 60 pounds up to 150 pounds provided not less than 40 square feet per dog. Where dogs from the same household are housed together, the total floor area shall be not less than 192 square feet for a family group of five or fewer dogs and shall otherwise meet or exceed the applicable per-dog minimums. These requirements apply to all indoor enclosures, runs, kennels, or other areas used for overnight boarding or daytime care.

Indoor daytime care capacity: The area shall be no less than 70 square feet of area per dog. These minimum requirements are intended to ensure proper supervision, reduce stress among animals, and maintain sanitary conditions.

Record keeping. All major kennels shall maintain accurate records demonstrating compliance with space and capacity standards contained in this § 120-531. Such records must be made available to the Town for inspection upon request by the appropriate regulatory authority.

Licensing: All major kennels shall be licensed to the extent required by 7 M.R.S. § 3932-B, as may be amended or recodified and shall operate in compliance with other applicable state statutes and administrative regulations, including but not limited to 7 M.R.S. § 3932-B and 01-001 C.M.R. ch. 701. which shall be incorporated by reference as conditions of approval on any granted permit.

The kennel, including all uses accessory to the kennel, must be set back:

Farm.

Farm-Residential.

Light-Density Residential.

Medium-Density Residential.

General standards. The following general standards apply to backlots:

A medical marijuana registered caregiver shall not conduct any sale of the product on premises unless the business is also permitted as a medical marijuana caregiver retail store or marijuana registered dispensary.

Medical marijuana grown by medical marijuana registered caregivers shall be limited to less than 1,000 square feet floor area measured cumulatively per lot unless the business is also permitted as a marijuana cultivation facility. A medical marijuana registered caregiver or medical marijuana registered caregiver (home occupation) in operation as of the effective date of this section shall be permitted to maintain the grow area in existence as of the effective date of this section.

A medical office located on a lot in a residential district shall have a combined footprint of 2,000 gross square feet or less. (See definition of "building footprint.")

A medical office located in a residential district shall be limited to the first story of the building. The additional height of the building's roof shall meet the height standard of the applicable zoning district.

Acreage which is used for public or private rights-of-way.

Portions of the parcel containing slopes over 25%.

Portions of the parcel shown to be within the 100-year floodplain and floodway as designated by the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Maps for the Town of Windham, Maine.

Portions of the parcel located in the Resource Protection District.

Portions of the parcel which are unsuitable for development in their natural state due to drainage or subsoil conditions, including but not limited to:

Portions of the parcel covered by surface water bodies.

Boundaries of areas on the parcel containing significant wildlife habitat, as determined by the applicant in consultation with the Maine Department of Inland Fisheries and Wildlife.

Boundaries of areas on the parcel containing endangered botanical resources, as determined by the applicant in consultation with the Maine Department of Agriculture, Conservation and Forestry.

Sunday to Thursday: daytime hours, as defined.

Friday and Saturday: 7:00 a.m. to 9:00 p.m.

The outside sales event shall not last for more than three consecutive days.

A permit shall be obtained from the Code Enforcement Officer for each outdoor sales event.

An application fee, in an amount established by the Town Council, shall be submitted to the Code Enforcement Officer at the time of application.

The Code Enforcement Officer must find that the following conditions have been met:

Creation of use. A rooming house shall only be allowed through the conversion of an existing dwelling, nursing home or boarding home for sheltered care facility.

Number of dwelling units. A rooming house shall contain between 10 to 15 rooms.

Kitchen. A full kitchen shall be provided for use by all tenants.

Toilets. At least one properly working toilet shall be supplied for each six persons, or fraction thereof, residing within the rooming house.

Bathing. At least one properly working bathtub or shower shall be supplied for each eight persons, or fraction thereof, residing within the rooming house.

All common facilities shall be located within the rooming house so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every kitchen, lavatory basin, bathtub, or shower shall be supplied with hot water at all times.

Minimum width of pavement or gravel: 22 feet.

Maximum grade: 3% within 50 feet of private way or street.

Minimum angle of intersection: 60°.

Sight distance: Maine Department of Transportation standard.

The rooming house shall be sprinklered throughout.

Smoke detectors shall be required in all bedrooms and common areas.

All fire safety and protection systems shall meet or exceed local and state fire safety regulations.

All sleeping rooms shall provide adequate ventilation and means of egress.

The parking lot shall be arranged so as not to restrict fire and/or emergency vehicle access.

Rooms shall be for hire by the week.

Lease/rental agreements and rental policy rules and regulations shall be required.

The facility shall provide on-premises management.

The operator shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other part of the rooming house and the premises on which it is located.

Minimum floor area.

Dwelling, not owned or occupied by the sawmill operator.

School.

Place of worship.

Daytime hours: 60 dBA.

Nighttime hours: 50 dBA.

Temporary chain saw use: no limit.

Daytime hours: 60 dBA.

Nighttime hours: 50 dBA.

Temporary chain saw use: no limit.

Housing of land uses. Shipping containers shall not be used to conduct land use activities that are carried on in a principal building or an accessory building;

Stacking. Shipping containers shall not be stacked one on top of the other;

Floor area. The floor area of a shipping container shall be measured by calculating the footprint of the container from its exterior walls;

Location. Shipping containers shall not be located in any of the following areas:

No more than one shipping container shall be allowed on any lot.

Permit required. A permit shall be required for the installation of a shipping container in all residential zoning districts.

Time limit. A shipping container shall not be located on-site for more than six months, with the exception that one extension of not more than three months may be granted at the discretion of the Code Enforcement Officer.

Permitted shipping containers. A shipping container shall only be permitted for the temporary storage of residential items under the following circumstances:

Permitted items. Items such as, but not limited to, the following shall be permitted in a shipping container:

The total floor area of all shipping containers on site shall not exceed 700 square feet. Additional shipping containers that exceed the 700 square feet limitation shall not be allowed by variance.

If the property on which the shipping container is located received a site plan approval on or after March 13, 1991, the Planning Board shall be responsible for review and approval under the following standards:

The shipping container must come into compliance with this chapter by March 21, 2001, unless good cause can be shown by the petitioner. After March 21, 2001, any existing shipping containers shall be removed from the site, unless:

Shipping containers that are part of an existing commercial or industrial use, and are being actively used for the temporary storage and eventual shipping of goods, products, or materials that are manufactured or assembled as part of the commercial or industrial use, shall be allowed, provided that:

Shipping containers may be placed on property where a construction project is occurring. The shipping container shall only be utilized for the storage of construction materials, equipment, tools, etc.

A permit shall not be required from the Code Enforcement Officer, Planning Board, and/or Board of Appeals.

The shipping container(s) shall be removed within 30 days after the completion of the construction project.

Applicability. These standards apply to private roads used to obtain the required frontage in the applicable zoning district. (See § 120-523, Developable land, in Article 5, Performance Standards.)

Submission requirements. An application form and accurately scaled plan shall be prepared by a Maine licensed professional authorized by the State of Maine to design streets or roads. At a minimum, the plan shall include the location and width of the right-of-way, a plan view and profile view of the roadway, the location and size of culverts and proposed drainage features.

Review authority. All private roads application forms and plans shall be submitted to and approved by the Director of Code Enforcement. For private roads that provide frontage to four or more lots, the plan must be reviewed by the Town Engineer or consulting engineer.

Site walk. The Director of Code Enforcement may require a site walk with the applicant, or his or her authorized representative.

Recording. Upon approval, a Mylar copy of the private road plan shall be filed with the Town.

Construction observation. The Code Enforcement Officer may require that observations by the Town Engineer or consulting engineer be conducted during construction. The property owner shall be responsible for the costs of all observations.

Final approval. Prior to the issuance of any certificates of occupancy for the lots with frontage on said private road, the applicant shall provide the following:

Standards.

Where required by this chapter, or by the Planning Board as a condition of subdivision or site plan approval, sidewalks shall be constructed in accordance with the standards in Tables 3 and 4 of Appendix B of this chapter.[6]

Accessibility. Sidewalk construction shall meet all applicable Americans with Disabilities Act (ADA)[7] standards.

Solar energy is a local, renewable and nonpolluting energy resource that can reduce fossil fuel dependence and emissions. Energy generated from solar energy systems can be used to offset energy demand on the grid, with benefits for system owners and other electricity consumers.

The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is an important component of the Town's sustainability goals.

The standards that follow enable the accommodation of solar energy systems and equipment in a safe manner while ensuring against unsafe conditions and undue adverse impacts on adjacent properties.

The installation of all solar energy conversion systems, expansion of any existing solar energy conversion system, or installation of any associated facilities shall be approved under this section and shall obtain site plan approval as required by Article 8, a building permit, and any other necessary Town or state approvals prior to its installation.

Any physical modification to an existing solar energy conversion system that alters the facility size, type or location of the system or its associated equipment shall require approval under this section. Like-kind replacements or nonstructural maintenance and repair shall not require approval under this section but shall require a building permit.

For purposes of this section, the Town's zoning districts are categorized as follows:

Height.

Setbacks for ground-mounted solar energy systems.

Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:

All solar energy system installations shall be performed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code.

All wiring shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Electrical Code (NFPA 70).

Prior to operation, electrical connections must be inspected and approved by the Electrical Inspector.

Each solar energy installation shall be maintained as necessary to ensure that it is operating safely and as designed over its useful lifetime.

Utility connections. Overhead or pole-mounted electrical wires shall be avoided to the extent possible within the facility.

Visual impact. Reasonable efforts, as determined by the Planning Board, shall be made to minimize undue visual impacts in the following ways:

Land clearing, soil erosion, and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. Ground-mounted facilities shall minimize mowing to the extent practicable. The solar energy system shall be located on the site so as to minimize the cutting of mature trees. Native, pollinator-friendly seed mixtures shall be used to the extent possible. Herbicide and pesticide use shall be minimized. No prime agricultural soil or significant volume of topsoil shall be removed from the site for installation of the system.

Decommissioning plan. A decommissioning plan shall be submitted to the Town as part of the initial application, which shall detail the costs and procedure for decommissioning. Decommissioning shall consist of:

Abandonment, decommissioning, and surety.

Large-scale ground-mounted solar energy systems shall not be considered accessory uses.

Operations and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar energy system, which shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation, including but not limited to fence, vegetation, and buffer maintenance, and proper panel and electrical equipment function.

Signage. A sign shall be placed on the large-scale solar energy system to identify the owner and provide a twenty-four-hour emergency contact phone number.

Emergency services. The large-scale ground-mounted solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with the Fire Department in developing an emergency response plan. All means of shutting down the system shall be clearly marked. The owner or operator shall provide to the Code Enforcement Officer the name and contact information of a responsible person for public inquiries throughout the life of the installation.