Winslow City Zoning Code
ARTICLE III
Permits
Division 1. Building and Use Permits |
§ 300-23 Building and use permit required; time limits.
[Amended 4-11-2022 by Ord. No. 02-2022; 4-11-2022 by Ord. No. 03-2022; 1-13-2025 by Ord. No. 12-2024]
A building permit is the responsibility of the owner, tenant in possession, or authorized agent and must be obtained from the Code Enforcement Officer before any of the following may be undertaken:
Change of lot size in a subdivision or creation of a subdivision;
Construction of a new building and structure, including accessory dwelling units (ADUs), or accessory structure, except minor structure;
Establishment of new use of land, structure, and building;
Addition if the structure's height or floor area increases;
All structural alterations of any building and structure or accessory structure, including accessory dwelling units;
Resumption of use of land, building and structure after abandonment;
Resumption of use of land, building, and structure after alteration;
Conversion of building and structure or accessory structure;
Repair if the estimated value of construction on a building, structure or accessory structure is $20,000 or more;
Change of use of land or structure;
Extension of current use to parts of land, building and structure not in such use;
Mineral extraction;
Intensification of the current use of land, building, or structure by any new construction whatsoever;
Relocation of mobile home in mobile home parks;
Placement of a sign;
Construction of piers, docks, wharves, breakwaters, causeways, marinas, bridges, and uses projecting into water bodies;
Demolition/removal of buildings or structures;
Any alterations of a building, structure or accessory structure if the value of construction is estimated to be $2,500 or more;
The following activities when located in the Conservation District: road construction, agriculture, filling or other earth moving activities of less than 10 cubic yards, and public parks and recreation areas.
This section shall not be construed to require permits for repairs of buildings, structures or accessory structures not used for human habitation if the estimated value of construction is less than $20,000 and repair of minor structures.
Use, conditional use and temporary use permits become invalid if the use is not instituted within 150 days of the date of the permit.
Construction must commence within 180 days and be completed within two years or the permit will expire.
Temporary mobile home. If a homeowner's residence is rendered uninhabitable by fire, storm or other sudden casualty, the homeowner may place a single-wide mobile home, as defined in § 300-91, on the property for the homeowner's personal use while the home is being rebuilt for a period of up to two years, provided the mobile home and its placement otherwise meet the requirements of all Town ordinances. No extension of the two-year period may be granted.
§ 300-24 Building permit; requirements for issuance; time limit.
[Amended 6-13-2005 by Ord. No. 4-2005; 3-12-2007 by Ord. No. 2-2007; 4-11-2022 by Ord. No. 02-2022; 1-13-2025 by Ord. No. 12-2024]
No building or use permit shall be issued unless the proposed action is in compliance with the other applicable laws and ordinances; but no building permit or use permit shall be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter; nor shall any permit presume to give authority to violate or cancel any provisions of this chapter, except in so far as the building or work, or use which is authorized is lawful, nor shall any permit presume to give authority to violate any other applicable laws and ordinances or a waiver of any enforcement thereof.
No building permit shall be issued to property owners and/or their agents on driveways or roads that have not been officially accepted by the Town, except as follows.
Frontage. Road frontage requirements are specified per each zoning district. See Article IV, Zoning Districts, of this chapter for details.
§ 300-25 Use permit; requirements for issuance; temporary permit.
The Code Enforcement Officer shall not issue a use permit until he/she has established that the affected premises and the proposed use are in compliance not only with this chapter but also with other applicable laws and ordinances.
The Code Enforcement Officer may issue a temporary use permit for a period of six months during construction or alteration for partial occupancy of a building, pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
§ 300-26 Application for building and use permits.
[Amended 10-11-2005 by Ord. No. 6-2005; 1-13-2025 by Ord. No. 12-2024]
Applications for a building or use permit shall be made to the Code Enforcement Officer on forms furnished by the Town and shall include the following, where applicable:
Names and addresses of the applicant, owner of the site, architect, professional engineer, or contractor.
Description of the subject site by lot, block and recorded subdivision by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
Site map prepared by a professional Maine land surveyor, drawn to scale, showing the location, boundaries, dimensions, elevations, uses, and size of the following: subject site, principal and accessory structures, existing and proposed subsurface sewage disposal systems, easements, streets, and other public ways, off-street parking, loading areas, driveways, existing highway access restrictions, side and rear yard setbacks. In addition, the site map shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.
Proposed subsurface wastewater disposal plan, if municipal sewage service is not available. The plan shall be approved by the Licensed Plumbing Inspector, pursuant to 30-A M.R.S.A. § 4221,who shall certify in writing that satisfactory, adequate, and safe sewage disposal is possible on the site as proposed by the plan in accordance with local and state regulations.
If proposed to be connected to the Winslow Sewer System, or equivalent centralized system, proof of adequate capacity to accommodate the added wastewater created by an additional unit and proof of payment for the connection to the sewer system.
Proposed water supply plan, if municipal water service is not available. The plan shall be approved by the Licensed Plumbing Inspector who shall certify in writing that an adequate and safe supply of water will be provided.
If connected to the Kennebec Water District water system, or equivalent centralized system, proof of adequate capacity to accommodate the added demand created by an additional unit, and proof of payment for the connection.
Additional information as may be required by the Planning Board, Board of Appeals, Tax Assessor, Code Enforcement Officer, or Licensed Plumbing Inspector.
Fee receipt from the Town Treasurer in the amount defined in § 110-4 of the Code of the Town of Winslow.
A detailed set of construction drawings for all new principal structures and accessory dwelling units, with adequate details to allow the CEO to determine their compliance with the Town's building and zoning codes.
Division 2. Conditional Use and Site Review |
§ 300-27 Schedule of application filing fees.
[Added 4-11-2022 by Ord. No. 02-2022; amended 4-11-2022 by Ord. No. 03-2022; 1-13-2025 by Ord. No. 12-2024]
The fees, which shall be paid before a building permit application will be considered as filed, shall be as follows:
New construction (residential).
Major construction: $0.30 per square foot of finished area; $0.15 per square foot of unfinished area (includes basements).
Finished areas include:
New homes, inclusive of garages, sunrooms, decks, and any structures included with the site and construction plan submitted with initial application.
Accessory dwelling units which may be attached, detached, or within an existing accessory structure.
Additions to the exterior of an existing structure which is placed on permanent foundation or creates additional floor space or an additional floor level.
Enclosed porches, sunrooms and greenhouses, enclosed, heated, and used for living spaces.
Remodel construction.
All remodel construction: $2 per thousand dollars of construction cost (minimum fee $25).
Commercial and industrial construction.
Office and finished area shall be those areas positioned to create enclosed work area. Open area shall be unfinished or finished spaces of open area for display, storage or manufacturing.
Shoreland zoning construction: $100, plus $0.30 per square foot.
Demolitions: $75.
Public sewer connections: $375.
Plumbing permits: state fees.
Electrical permits: state fees.
Mineral extraction, including sand and gravel loam: $600 plus bond.
Use permit: $50 plus any applicable mailing fees.
Conditional use: $150 plus applicable mailing fees.
§ 300-28 Permit.
[Amended 1-13-2025 by Ord. No. 12-2024]
The Planning Board may authorize the Code Enforcement Officer to issue a conditional use permit for conditional uses after the Planning Board has approved a site plan for the proposed conditional use in accordance with this chapter. Conditional uses are listed in the conditional use section of each zoning district (see Article IV, Zoning Districts).
§ 300-29 Site plan review purpose.
The purposes of site plan review are to assess the impact of development on surrounding properties, municipal facilities and services, and the natural environment. New development or expansions of existing uses or structures that are a conditional use are subject to a site plan review in order to ensure that they are designed and constructed so as to fit harmoniously with their surroundings.
The site plan process will include a review of environmental, architectural, and landscaping features of the proposal such as: existing natural features of the site, location of water bodies and wetlands, wildlife habitat, unique and scenic features, archeological and historic sites, erosion and stormwater control, traffic, roads, parking, buffers, water supply, wastewater disposal, noise, lighting, signs, and landscaping. Site plan review is not designed to establish the right of a use to be located in a zoning district, but rather, to assure that the use is designed and placed on the lot in a manner appropriate to its surrounding, according to established review criteria.
§ 300-30 Applicability.
[Amended 1-13-2025 by Ord. No. 12-2024]
All land uses identified in Article IV, Zoning Districts, as conditional uses shall obtain site plan review approval by the Planning Board before a permit may be issued by the Code Enforcement Officer.
In any zoning district, as defined in Article IV, which allows residential uses, even as a conditional use, shall allow multiple units on a building lot and accessory dwelling units, provided that the provisions of this chapter are met.
See each zoning district's applicable conditional uses, as each are different for proposed uses.
§ 300-31 Administration.
The Planning Board shall administer this Division and shall review all site plan applications according to the review criteria and standards.
The Planning Board shall develop application forms to be used by applicants seeking site plan review approval.
All site review applications shall be accompanied by a fee of $150, payable to the Town of Winslow. Application fees shall be paid to the Town Clerk.
The Planning Board may require that additional studies be performed or that a consultant be hired to review the entire and/or portions of the site review application. Whenever the Planning Board votes to use a consultant or require additional studies be performed the cost shall be borne by the applicant. The applicant shall deposit with the Town the estimated cost of any consultant or additional study which shall be placed in an escrow account. The Town shall pay for services rendered and reimburse the applicant If funds remain after payments are completed. The applicant shall place additional funds into the escrow account as required in order to meet expenses.
The applicant shall obtain an appropriate permit from the Code Enforcement Officer within one year of the site plan approval granted by the Planning Board as determined from the date the Board approved the application. Failure to obtain a permit from the Code Enforcement Officer within one year shall make the site plan approval null and void.
§ 300-32 Review criteria.
[Amended 1-13-2025 by Ord. No. 12-2024]
The applicant shall demonstrate that the proposed use meets the review criteria listed below. The Planning Board shall approve the application unless it makes written findings that one or more of these criteria have not been met.
Sufficient public or private water sources are available to serve the foreseeable needs of the proposal. Applicants must provide written verification of adequate capacity to accommodate the proposed project.
The proposal will provide for adequate wastewater disposal and will not cause an unreasonable burden on municipal services if they are to be used. Applicants must provide written verification of adequate wastewater capacity to accommodate the proposed project.
Adequate temporary and permanent erosion control measures are developed for the proposal.
The proposal will not cause an unreasonable burden on the Town's ability to dispose of solid waste.
All hazardous waste material will be disposed of according to applicable local, state and federal laws and regulations.
The proposal will not cause unreasonable public road congestion or unsafe conditions with respect to the use of public roads existing or proposed.
The proposal will not have an undue adverse impact on the scenic or natural beauty of the area, aesthetics, historic sites, archeological sites, significant wildlife habitat, or rare and irreplaceable natural areas.
The proposal conforms to all the applicable provisions of this chapter, performance standards contained in the site review section and other ordinances and regulations of the Town of Winslow.
The proposal will not adversely affect the quality or quantity of ground water.
The proposal conforms to the Town's Floodplain Management Regulations, if it is located within a special flood hazard area.
The applicant has the financial and technical capacity to meet the standards of this section.
The proposal will provide for adequate stormwater management.
All rivers, streams, brooks, and wetlands within or abutting the project shall be identified on the site plan. The proposal shall not adversely impact any one of these water bodies.
The proposal conforms to the Town's Shoreland Zoning provisions, if it is located within a shoreland zone.
The long term cumulative effects of the project will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the project, if it is located within the direct watershed of a great pond.
Buffer strips and on-site landscaping or other measures provide an adequate protection to neighboring properties from detrimental features of the development, such as noise, dust, odor and light.
§ 300-33 Burden of proof.
The applicant shall have the burden of proof for showing that the proposal meets the review criteria.
§ 300-34 Decisions.
After review of a complete application for site review, the Planning Board shall determine whether or not the proposed use meets the review criteria contained in § 300-32. The Planning Board shall make a written finding of fact to support its decision and vote to approve the application, deny the application, or approve the application with conditions. The Planning Board shall submit its written decision to the applicant.
If in its findings, the Planning Board determines that the application may not meet the review criteria and/or performance standards, and that additional actions by the applicant will be sufficient to meet them, it may require such actions, as conditions of approval. The conditions may set forth requirements in addition to those set forth in this article only when the Planning Board finds it necessary to further the purposes of this article. All conditions approved by the Planning Board shall be listed along with the reasons for these conditions in the Board's decision.
The Planning Board shall list any waivers approved by the Board in its decision and the reasons for such approval.
The Planning Board may require additional submission materials, additional studies be performed or that a consultant be hired to review the entire or portions of the application. Whenever the Planning Board votes to require additional materials, studies or the services of a consultant it shall make a written finding of fact that these additional materials and/or services are necessary to meet the review criteria contained in § 300-32.
§ 300-35 Waivers.
The Planning Board may vote to waive any of the review criteria and/or performance standards when it finds one of the following:
One or more of the review criteria and/or performance standards are not applicable to the proposal due to the size of the project, circumstances of the site, design of the project, or unique features of the proposed use.
The applicant has proposed an alternative design that meets or exceeds the requirements set forth in the performance standards.
The applicant shall submit information and materials that support the waiver request with the application.
The Planning Board may only consider a waiver when the applicant has submitted a written waiver request in the site review application. The first item of the site application review shall be a consideration of any waiver request. The Planning Board shall review the waiver request and if it meets the criteria stated above shall approve the request and submit its decision to the applicant in writing. If the Planning Board finds that the waiver request does not meet the criteria stated above, it shall deny the waiver and submit its decision in writing to the applicant. The Planning Board shall require that the application be amended to include the items necessary to meet the site review criteria and/or performance standards. The Planning Board may vote to suspend review of the application until such time that the applicant supplies all the necessary additional information. The applicant shall submit all the required information to the Planning Board within 30 days of the denial of the waiver request. Failure to submit the additional information within this time frame will require that a new application be submitted for review. In no case shall the Board make a final decision on the proposal until the applicant supplies the additional information to the satisfaction of the Board.
§ 300-36 Application procedure.
[Amended 5-9-2022 by Ord. No. 05-2022]
All applications for site review shall follow the procedure outlined below:
Site review application forms shall be obtained from the Code Enforcement Officer.
All site review applications shall be submitted to the Code Enforcement Officer. A dated receipt shall be issued to the applicant. An application file shall be established for the site review proposal. All submissions and correspondence regarding the application shall be maintained in the file. One complete copy of the site review application and applicable submissions shall be submitted to the Code Enforcement Officer for review.
Within 30 days of the receipt of the site review application, the Code Enforcement Officer shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete; the Code Enforcement Officer shall notify the applicant in writing of the specific additional material needed to complete the application.
The application shall be considered complete when all the site review submission requirements are included or when the applicant files a written waiver request as per § 300-35.
The Code Enforcement Officer shall place the site review application on the Planning Board Agenda for a public hearing within 30 days of determining that it has received a complete application. A complete copy of the site review application shall be kept on file at the Town Office and shall be available for public review.
The applicant shall submit eight copies of the complete application and applicable submissions to the Code Enforcement Officer at least 14 days prior to the scheduled public hearing. The Code Enforcement Officer shall mail or deliver one copy of the complete application to each Planning Board member at least 10 days prior to the public hearing.
The Code Enforcement Officer shall publish a notice of the date, time, place, and purpose of the public hearing, in a newspaper of general circulation in the Town, at least seven days prior to the hearing.
The Code Enforcement Officer shall notify by registered, return receipt mail, the applicant, and all property owners immediately abutting the proposed site at least seven days prior to the public hearing. The cost of said notification shall be borne by the applicant. A record of all persons mailed a public hearing notice shall be maintained in the site review application file.
Property owners immediately abutting the site shall mean all parties listed by the Town Tax Assessor as those against whom taxes are assessed, and shall further include any property owner immediately opposite on the opposite side of a public or private road from the site or within 500 feet of the property line of the proposed site.
The deadline for making a final decision may be extended by the Planning Board for a period not to exceed 60 days, under the following conditions:
The Planning Board voted to require additional studies be performed or required additional information be submitted in order to meet the review criteria.
If the additional application materials or studies are not submitted to the Planning Board within the additional prescribed time period, the Planning Board shall vote to deny the application or accept a request by the applicant to withdraw the application. The application may be resubmitted to the Planning Board at later date according to the requirements for a new application proposal. |
The Code Enforcement Officer shall maintain one complete copy of the application, decision forms and all applicable submissions in the site review application file.
§ 300-37 Rights not vested.
The submittal of the site review application to the Code Enforcement Officer to review for a complete application shall not be considered the initiation of the review process for the purposes of bringing the application under the protection of Title 1, M.R.S.A. § 302. The formal review process shall begin upon written notification to the applicant that a complete application has been received.
§ 300-38 Site inspection.
The Planning Board may vote to schedule an on-site inspection of the proposed project. The Planning Board shall schedule the date and time of the site inspection at the public hearing and shall post the date, time and place of the site inspection at the Town Office.
The purpose of the site visit is for the Planning Board to obtain knowledge about the site and surrounding area. The Planning Board shall not discuss the merits of the application or render any decision concerning the application during the site visit.
§ 300-39 Revisions to approved site review plans.
An application for a revision to a previously approved plan shall be submitted to the Code Enforcement Officer at least 14 days prior to a scheduled meeting of the Planning Board. The Code Enforcement Officer shall place the revision application on the Planning Board's agenda. If the revision involves an expansion of a building or structure greater than 5% from the original plan, modifications to any condition imposed by the Planning Board, the addition of additional dwelling units, change or expansion of use or an expansion of the proposed development, the procedure for a new application shall be followed. If the revision only involves minor modifications of the plan, the Planning Board may consider the request at the meeting.
The Planning Board's scope of review shall be limited to those portions of the plan which are proposed to be changed.
The applicant shall submit a copy of the approved plan as well as eight copies of the proposed revisions. The application shall also include enough supporting data to allow the Planning Board to make a determination that the proposed revision meets the review criteria and standards of this article.
The Planning Board shall vote to approve the revision, deny the revision, or approve the revision with conditions. The Planning Board may further require additional information be submitted in order to ensure that the review criteria and the performance standards of this article are met.
§ 300-40 Application submission requirements.
[Amended 1-13-2025 by Ord. No. 12-2024]
It shall be the responsibility of the applicant to comply with the requirements of the Town of Winslow Zoning Ordinance and to submit a complete site review application.
The Site Review Application shall consist of the following:
A dated receipt from the Town Clerk indicating that the application fee has been paid.
A signed and dated site review application form and all necessary attachments.
Waiver request form if necessary.
General information.
Name and address of the applicant, applicant's agent, engineer, contractor.
Proof of standing: property deed, purchase and sale agreement, contract, or other legal document.
Description of the site, including; address, map and lot number, book and page reference, copy of the most recent property deed.
For commercial and industrial land uses: description of the proposed use including type of operation, number of employees, hours of operation, number of parking spaces, type and expected quantity of solid and hazardous waste produced on site, a description of the anticipated noise levels at the site lot lines, and size of any structures.
For residential land uses: description of what is being proposed, including square footage, and:
If connected to the Winslow Sewer District, or equivalent centralized system, proof of adequate capacity to accommodate the added wastewater created by an additional unit and proof of payment for the connection to the sewer system;
If connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S.A. § 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 CMR Ch. 241, State of Maine Subsurface Wastewater Disposal Rules, as amended;
If connected to the Kennebec Water District, or equivalent centralized system, proof of adequate capacity to accommodate the added demand created by an additional unit, and proof of payment for the connection;
If proposed to be connected to a well, the applicant must include proof that the water supply is potable, acceptable for domestic use, and can accommodate anticipated demand.
Complete application for a floodplain management permit if located within a special flood hazard area.
Complete application for a Local Shoreland Zoning Permit if located within a Shoreland Zoning District.
A list of all other local, state and federal permits required for the project.
Erosion control plan.
Stormwater control plan.
Phosphorus control plan.
Traffic plan including:
Description and engineering drawings of all parking areas, roads, traffic access, and associated drainage.
Estimated number of vehicle trips at peak hour.
Letter from the Public Works Director and Police Chief with their review and comments concerning all traffic access points onto existing or proposed public roads.
Hazardous waste material control plan.
Solid waste disposal plan.
Wildlife, scenic area, historic and archeological protection plan.
Water-body protection plan.
Description of the applicant's financial and technical capacity.
Site plan, drawn to a scale of not more than 100 feet to the inch. The site plan shall show the following:
Standard boundary survey of the parcel giving complete descriptive data by bearings and distances made and certified by a professional land surveyor.
The date the plan was prepared, north arrow, and graphic map scale.
Location of all existing and proposed structures, roads, parking areas, traffic access points, rights-of-way, public or private easements, buffers, landscaping, rivers, streams, brooks, wetlands, steep slopes over 20%, ten-foot contour lines, water supply lines, public sewers, drainage structures, sign locations, lighting, electrical service lines and structures, subsurface wastewater disposal areas, special flood hazard areas, zoning district boundaries, existing and proposed vegetative cover, well locations, number of acres of the site, significant wildlife habitat, archaeological and historic sites, scenic areas, and outdoor areas used for storage, processing or manufacturing.
The site plan may also show the following features; erosion control measures, stormwater control features, phosphorus control measures, water-body protection features, traffic plan.
Plans for all proposed structures and buildings including new construction and additions.
§ 300-41 Performance standards.
[Amended 2-10-1997 by Ord. No. 1-1997; 3-8-1999 by Ord. No. 3-1998; 3-12-2007 by Ord. No. 2-2007;4-11-2022 by Ord. No. 02-2022; 1-13-2025 by Ord. No. 12-2024]
The performance standards contained in this section shall apply to all site review proposals.
Erosion control.
The site shall be developed so as to prevent soil erosion from entering water bodies, wetlands and adjacent properties. All temporary and permanent erosion measures shall be designed in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, March 1991.
Stormwater control.
A stormwater control plan shall be developed to limit peak discharges from the site to predevelopment levels through a system of swales, culverts, under-drains, storm drains, and best management practices equivalent to those described in the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection, 1995, as amended.
Peak discharge rates shall be limited to the predevelopment levels for the two-, ten-, and twenty-five-year frequency, twenty-four-hour duration storm.
All stormwater control structures shall be maintained by the property owner.
The applicant shall submit with the application all stormwater drainage studies and other data used by the applicant to prepare the stormwater control plan.
The stormwater control plan shall be submitted to the Town of Winslow Public Works Director for review and comment. The Public Works Director shall review the plan and submit written comments to the applicant which shall be included with the plan.
A project may propose to discharge stormwater into the Town's stormwater collection system in order to meet the above listed requirements according to the following criteria:
The Public Works Director issues a written statement indicating that the Town's stormwater system has the existing capacity to accommodate peak discharge from the site for the two-, ten- and twenty-five-year frequency, twenty-four-hour duration storm.
Private water supply.
Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface waste water disposal systems and other sources of potential contamination.
Lot design shall permit placement of wells, subsurface waste water disposal systems and reserve areas for subsurface sites in compliance with the Maine Subsurface Waste Water Disposal Rules and the Well Drillers and Pump Installers Rules.
If a central water supply system is provided by the applicant, the location and protection of the source, the design, construction and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144 CMR § 231).
The water supply for the site shall be adequate to supply all the potable, industrial, fire protection, and all other water requirements for the development. For residential uses, if proposed to be connected to a well, the applicant must include proof that the water supply is potable, acceptable for domestic use, and can accommodate anticipated demand.
Public water supply.
When a site is to be served by a public water supply system, the size and location of mains, gate valves, hydrants, and service connections shall be reviewed by the Kennebec Water District and the Town of Winslow Fire Chief.
The applicant shall submit the water supply plan to the Kennebec Water District and the Fire Chief for their review and their written comments shall be submitted with the application.
Site proposals that only require a 3/4 inch water supply line and will not have a sprinkler system shall be exempt from the requirements listed above.
The water supply for the site shall be adequate to supply all the potable, industrial, fire protection, and all other water requirements for the development. The applicant shall provide an estimate of the expected water demands of the project and show that the existing water supply has sufficient water volume and pressure to meet expected demands. The applicant shall also supply proof of payment for connection, once established.
Subsurface waste water disposal systems.
For residential uses, if proposed to be connected to a private subsurface wastewater disposal system, the applicant must include written proof that the septic is adequate to meet anticipated demand and complies with the requirements of the State of Maine Subsurface Waste Water Disposal Rules.
The applicant shall submit evidence of site suitability for subsurface wastewater disposal system prepared by a licensed site evaluator in full compliance with the Requirements of the State of Maine Subsurface Waste Water Disposal Rules. The site evaluator shall certify that all test pits meet the requirements for a new system in accordance with the disposal rules. The subsurface waste water disposal data shall be provided on a completed HHE-200 Form, and the area needed for the disposal field shall be shown on the site plan along with any required reserve areas.
In no instance shall a disposal area for a new structure require a new system variance from the Subsurface Waste Water Disposal Rules. Holding tanks systems shall not be allowed to serve new structures.
Subsurface wastewater disposal systems with a design flow greater than 500 gallons per day as per the State of Maine Subsurface Wastewater Disposal Rules shall contain a reserve area equal in size to the original system to accommodate future replacement. The area reserved for the replacement system shall be shown on the site plan and shall further be protected by a deed restriction which prohibits any development from being placed in this area. The deed restriction must remain in place until such time that the development is served by a public sewer system.
Public sewer system.
The applicant shall prepare sewer construction drawings which show the size and location of all laterals, collectors, manholes, and pump stations. The system shall be sized to accommodate the expected demands of the development.
The applicant shall submit the sewer plan to the Town of Winslow Public Works Director for review and comment. Written comments from the Public Works director shall be submitted with the application.
The applicant shall comply with all applicable requirements of the Town of Winslow Code, Chapter 209, Sewers. Any improvements to the existing public system required by the development shall be borne completely by the applicant. Once connected, proof of payment for connection shall be submitted to the Code Enforcement Officer to be maintained on file.
Floodplain management.
The applicant shall submit a complete floodplain management permit application with the site review application if any development is proposed within the special flood hazard area. All development within the floodplain shall be in compliance with the Town of Winslow Code, Chapter 139, Floodplain Management.
Shoreland zoning.
The applicant shall submit a complete Shoreland Zoning Permit Application with the site review application if any development is proposed within a Shoreland Zoning District. All development within a Shoreland Zoning District shall be in compliance with the requirements of the Shoreland Zoning Ordinance.
Water body protection.
The locations of all rivers, streams, brooks and wetlands shall be identified on the site plan. Wetlands shall be identified in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the United States Army Corps of Engineers.
Water bodies shall not be developed or disturbed unless no other alternative exist. Any development planned within 50 feet of the high water line of any water body shall require a plan which includes the following:
Groundwater.
Any development proposed within a sand and gravel aquifer as identified in the Town's Comprehensive Plan shall be designed and constructed so as not to cause any pollution or contamination of the aquifer. A ground water protection plan developed by a certified hydrologist shall be required for the following development proposals: industrial use, manufacturing facility, auto junkyard, auto repair garage, chemical storage or processing facility, oil or fuel storage facility, truck repair, and any structure with oil, fuel or chemical storage that exceeds a total of 1,000 gallons for the entire site.
Historic and archeological, wildlife habitat, scenic areas and rare and natural areas. The site plan shall indicate the locations of any historic and archeological sites, wildlife habitat, scenic areas, and rare and natural areas. If any of the above listed areas are located on the site, a protection plan shall be developed in accordance with the following:
If any portion of the site is designated as a significant archeological or historic site by the Maine Historic Preservation Commission, Comprehensive Plan or listed on the National Register of Historic Places, the applicant shall develop appropriate measures for the protection of these resources according to local, state and federal regulations.
If any portion of the site is located within an area designated as a scenic area or a unique natural area by the Maine Natural Areas Program, or the Comprehensive Plan, the applicant shall develop appropriate measures for the preservation of the values which qualify the site for such designations.
If any portion of the site is within a wildlife habitat area, the applicant shall consult with the Maine Department of Inland Fisheries and Wildlife or a qualified wildlife biologist and develop measures to protect these areas from environmental damage and habitat loss. Wildlife habitat areas shall include the following:
Habitat of endangered species appearing on the official state or federal list of endangered or threatened species.
High or moderate value waterfowl and wading bird habitats as defined by the Maine Department of Inland Fisheries and Wildlife.
Deer wintering areas as identified by the Maine Department of Inland Fisheries and Wildlife.
Solid and hazardous waste.
The applicant shall dispose of all solid and hazardous waste in accordance with local, state and federal regulations.
The applicant shall provide a description of the type and quantities of solid and hazardous waste that will be produced on-site and the methods that will be used for storage, and disposal.
The applicant shall provide documentation from state and/or federal authorities that the proposed methods for the storage and disposal of hazardous waste are in compliance with all state and federal regulations.
Phosphorus control.
Any site within the direct watershed of a great pond shall develop a phosphorus control plan in accordance with the design criteria contained in the Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine Department of Environmental Protection, revised September 1992.
The phosphorus control plan shall be designed by a registered engineer or hydrologist. The Maine Department of Environmental Protection shall be consulted for the appropriate phosphorus loading data for the watershed.
Traffic access.
All traffic access for the site shall be designed in accordance with the provisions of Article V of this chapter.
The traffic plan shall be submitted to the Town of Winslow Public Works Director and Police Chief for review and comment. Written comments from these municipal officials shall be included in the application.
Lighting.
Development shall not produce a stray, dazzling light or reflection of that light beyond its lot lines onto neighboring properties or onto any public way so as to impair the vision of any vehicle upon that way.
Lighting fixtures shall be shielded or hooded so that lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings.
Direct or indirect illumination shall not exceed 1/2 footcandles upon abutting properties.
No lighting fixture, except for street lights shall extend beyond a height of 25 feet, as measured from ground level.
The location, type, height, and footcandle power of all exterior lighting shall be shown on the site plan.
Financial and technical capacity.
The applicant shall submit evidence that he/she has adequate technical capacity to design and construct the development in accordance with the all applicable local, state and federal laws and regulations. Evidence of adequate technical capacity shall consist of the following:
A list of all technical and professional staff involved with the site design and preparation of the application including their qualifications and past experience with projects of similar size and scale.
A list of all persons with inspection and oversight responsibilities of the project construction and, if available, the persons selected to construct the project, including their qualifications and past experience with projects of similar size and scale.
The applicant shall submit evidence that he/she has adequate financial capacity to construct the development in the time period specified. Evidence of adequate financial capacity shall consist of the following:
A letter from a financial institution such as a bank or other lending institution that states that the applicant has the necessary funds available or a loan commitment from this institution to complete the proposed development within the time period specified by the applicant.
Buffer standards.
The purpose of the buffer standards are to: reduce noise and odor; reduce the negative impact of light and glare in conjunction with the lighting standards contained in Subsection R; block light from vehicle headlights from parking areas, and provide a visual barrier between properties.
Proposals with large lots could satisfy buffer requirements by using existing vegetation and by placing the development outside of view. Developments on small lots or within densely developed areas will require more extensive landscaping in order to meet the buffer requirements.
Applicants should be aware that the buffer areas in many circumstances will be required to exceed some of the minimum requirements in order to satisfy the purposes outlined above.
The buffer shall be placed along the side and rear property lines of the proposed site. The following types of land uses shall also provide a buffer along the front property line: junkyards, auto graveyards, outside storage of goods and materials, and outside processing of materials.
Existing or proposed vegetation.
Vegetation shall consist of native species that provide a year-round visual barrier sufficient to screen the proposed use from the property line to a minimum height of six feet. The vegetative buffer shall be installed to the minimum barrier height prior to the occupancy of the proposed use.
The width of the buffer area and species selection shall be determined by the applicant who shall maintain the vegetation as necessary to satisfy this standard. Applicants are encouraged to design wide buffers that require less intensive planting and future maintenance.
Structures.
Structures in combination with vegetation may be used to provide a year-round visual barrier sufficient to screen the proposed use from the property line to a minimum height of eight feet. All structures or combination of structures and vegetation shall be installed to the minimum barrier height prior to occupancy of the proposed use.
Structures may consist of fences, walls, or earthen berms and shall be maintained by the property owner in order to satisfy this standard.
Land distance.
A strip of land that exceeds 150 feet in width between the side and rear property line and the edge of the developed area of the site may be considered a buffer. The land area shall at a minimum consist of a grass lawn or other pervious landscape and shall not contain any structures, parking lots or impervious surfaces. The following land uses shall not use this buffer method: junkyards, auto graveyards, outside storage of goods and materials and outside processing of materials.
The land area shall be maintained as a buffer strip and any future placement of structures or impervious surfaces within this area shall require the installation of a buffer consisting of vegetation and/or structures.
Proposals using this method shall account for the effects of light, glare, noise and vehicle headlight intrusions onto neighboring properties.
Mineral extraction.
The site plan shall include the following additional information: a description of the operation; a list of the equipment, machinery and structures to be used; the source, quantity, and disposition of water to be used; existing and proposed access roads; the depth of all existing and proposed excavations; restoration plan; estimated productive life span of the operation; and list of all other local, state and federal permits required for the project.
A restoration plan shall include the following: proposed contours after filling; depth of the restored topsoil; type of fill; reforestation and/or planting description, restoration commencement; and completion date.
The conditional use permit issued for a mineral extraction operation shall be valid for a two-year period and may be renewed according to the following:
The applicant shall submit an application for a revision to site plan no later than 30 days before the permit expires. The Planning Board shall renew the permit for another two-year period if the operation continues to meet the applicable standards contained in this chapter.
If the applicant fails to renew the permit the operation shall be discontinued.
Division 3. Accessory Dwelling Unit (ADU) Building Permit |
§ 300-41.1 Construct of language.
[Added 1-13-2025 by Ord. No. 12-2024]
For the purposes of this division, the term "additional dwelling unit" refers to more than one principal dwelling unit on a single lot, in contrast to an ADU, which is subordinate to a principal dwelling unit. These standards apply to residential units for which a permit is sought after the adoption date of this division. The addition of a dwelling unit under this division falls under the jurisdiction of the State of Maine, as outlined in 30-A M.R.S.A. § 4364-A.
§ 300-41.2 Water and wastewater submission requirements.
[Added 1-13-2025 by Ord. No. 12-2024]
In addition to the applicable items listed when filing an application for a building permit, outlined in § 300-26 of this chapter, the following items must also be submitted:
Written verification that the proposed unit(s) can be connected to adequate water and wastewater services prior to issuance of a certificate of occupancy must be provided to the Code Enforcement Officer. Written verification must include the following, as applicable:
If connected to the Town of Winslow Sewer System or equivalent centralized system, proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system;
If connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S.A. § 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 CMR Ch. 241, State of Maine Subsurface Wastewater Disposal Rules;
If connected to the Kennebec Water District, or equivalent centralized system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit;
If proposed to be connected to a well, the application must include proof that the water supply is potable and acceptable for domestic use.
§ 300-41.3 Applicability.
[Added 1-13-2025 by Ord. No. 12-2024]
Undeveloped building lots (no existing dwelling unit on property) as of the adoption date of this article:
If the parcel is in a Designated Growth Area as defined in the Town of Winslow's Comprehensive Plan, or if the parcel is in an area of Winslow served by a public, special district or other centrally managed water system, the lot owner of record is permitted to have up to four dwelling units. All four dwelling units can be attached or detached. The third and fourth units may be located within a structure or multiple structures. If the third and/or fourth units are built within a five-year period, they shall be subject to the subdivision process. Subdivision Ordinance requirements still apply.
If the parcel is not in an area served by a public, special district or other centrally managed water system, or if the parcel is outside of the Designated Growth Area pursuant to the Comprehensive Plan, the lot owner of record is permitted to have up to two dwelling units per lot. The two dwelling units may be within a single structure or two separate structures. Subdivision Ordinance requirements still apply.
Developed building lots (lot with existing dwelling unit on property) as of the adoption date of this article:
If the parcel contains one existing dwelling unit, up to two additional dwelling units may be constructed (for a total of three). The additional units may be located:
If the parcel contains two or more existing dwelling units, no additional units are allowed.
Additional dwelling units are not permitted on lots with an existing primary dwelling unit and an accessory dwelling unit (permitted under Division 3, Accessory Dwelling Unit Building Permit, of this article). The municipality has the discretion to determine if a dwelling unit or accessory dwelling unit has been constructed on a lot for the purpose of this provision.
All residential dwelling units permitted after the adoption date of this article may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
If more than one principal dwelling unit is constructed or established on a single lot, all dimensional requirements for land area, besides road frontage, shall be met for each additional dwelling unit and/or principal structure. For example, if the minimum lot size is one-acre per dwelling unit, the lot size requirement for a second principal dwelling would be two acres.
No additional road frontage is required for additional principal dwelling units on one lot.
This section shall not be construed to exempt a property owner from the applicable provisions of the State Subdivision Statute, 30-A M.R.S.A. §§ 4401 through 4408, or Winslow's Subdivision Ordinance relating to division of a tract or parcel of land.
If a dwelling unit is in existence after January 1, 2024, and is torn down after that date, that lot will not be treated as a vacant lot; it will be treated as if the dwelling unit was still standing.
Parking requirements for additional dwelling units on one lot are the same as the parking standards for a single-family dwelling unit, detailed in Article V, Traffic Access Standards and Parking, of this chapter.
Each dwelling unit shall be equipped with approved, hard-wired smoke and CO detectors, according to the National Fire Protection Association's Life Safety Code.
§ 300-41.4 Application procedure.
§ 300-41.5 Water and wastewater submission requirements.
[Added 1-13-2025 by Ord. No. 12-2024]
In addition to the applicable items listed when filing an application for a building permit, outlined in § 300-26 of this chapter, the following items must also be submitted:
Written verification that the proposed unit(s) can be connected to adequate water and wastewater services prior to issuance of a certificate of occupancy must be provided to the Code Enforcement Officer. Written verification must include the following, as applicable:
If connected to the Town of Winslow Sewer System or equivalent centralized system, proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system;
If connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S.A. § 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 CMR Ch. 241, State of Maine Subsurface Wastewater Disposal Rules;
If connected to the Kennebec Water District, or equivalent centralized system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit;
If proposed to be connected to a well, the application must include proof that the water supply is potable and acceptable for domestic use.
§ 300-41.6 Applicability.
[Added 1-13-2025 by Ord. No. 12-2024]
The owner or agent of the affordable housing development must also complete and provide the following before the issuance of the building permit:
Execute a restrictive covenant enforceable by a party acceptable to the municipality.
Record the restrictive covenant in the Kennebec County Registry of Deeds to ensure that, for at least 30 years after completion of construction:
For rental housing, occupancy of all of the units designated affordable in the development will remain limited to households at or below 80% of the local Area Median Income (AMI) at the time of initial occupancy; and
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local Area Median Income (AMI) at the time of initial occupancy.
Area Median Income will be determined by Maine Housing at the time the application is submitted.
Each dwelling unit shall be equipped with approved, hard-wired smoke and CO detectors, according to the National Fire Protection Association's Life Safety Code.
§ 300-41.7 Administration.
[Added 1-13-2025 by Ord. No. 12-2024]
The Planning Board shall review all applications for affordable housing developments per the Town of Winslow Chapter 250, Subdivision of Land.
The Winslow Planning Board shall verify that the proposed development is an affordable housing development, by definition (i.e., the majority of the total housing units on the lot are affordable).