The following standards shall apply to all uses as appropriate in the various Zoning Districts:

10.1  Access to Lots.
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10.1.A.  10.1.A. No building permit shall be issued to erect any structure on a lot without frontage on a public or private way and such lot is not part of a subdivision as defined in Article 2 of this Ordinance unless an access road meeting the following criteria has been constructed within a deeded right-of-way that is fifty (50) feet in width. Any access road serving more than one unit shall have a road maintenance agreement in place prior to the issuance of a permit. This agreement shall specify the rights and responsibilities of and shall be binding upon each lot owner with respect to the maintenance, repair and plowing of the access road. The finished surface of the access road shall be constructed to a minimum width of twelve (12) feet for the entire length of the road including its most distant terminus if serving one dwelling unit and fifteen (15) feet for the entire length of the road including its most distant terminus if serving two dwelling units. The access road shall contain a minimum depth of fifteen (15) inches of bank-run gravel and have drainage ditches and culverts at all appropriate points. Such an access road shall serve no more than two dwelling units. Any access road serving three or more dwelling units shall meet the road acceptance regulation of this Ordinance for the entire length of the road including its most distant terminus except that an access road serving three or more dwelling units on individual lots, such lots having been gifts to persons related to the donor by blood, marriage or adoption need not be paved provided that:

           10.1.A.1. The lots and access road must be shown on a plan approved by the Planning Board.  The plan must be prepared and signed by a registered professional engineer licensed in Maine and must show the information necessary for the Planning Board to determine if all the standards of the road acceptance regulations, with the exception of paving, have been met.  At a minimum, the plan must include a plan, profile and cross-sectional view to scale and materials specified to be used.

           10.1.A.2. The plan must contain the following notation:  "The access road shown on this plan is not dedicated to the Town of Buxton.  The responsibility for maintenance and plowing the access road is that of the owners of the lots served by the access road.  If the access road is ever proposed for acceptance as a town road or public easement, the owners of the lots served by the access road must construct the road to the then current road construction and/or acceptance standards.  Planning Board approval of an amendment to this plan must also be obtained prior to dedication of the access road."

10.1.A.3. An access road maintenance agreement must be approved by the Planning Board.  This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the access road.

10.1.A.4. The individual lots served by the private access road must have at least fifty (50) feet of frontage on the access road and must meet the lot width requirement of the zone in which they are located.

10.1.A.5. The plan with the above notation and maintenance agreement must be recorded at the York County Registry of Deeds and shall be referenced in the Deed of each lot.

10.1.A.6. No access to any lot is permitted by way of the ends of the hammerhead.

 

10.1.B.  No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private way unless an access road meeting the construction standards of Section 10.1.A. has been constructed.  Any such access road being more than 500 feet in length shall be provided with a 60 foot backing space at the closed end to permit the turning of emergency vehicles.

10.2  Dust, Fumes, Vapors and Gases.
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Emission of dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation or property or which could soil or stain persons or property at any point beyond the lot line of the commercial or industrial establishment creating such emission shall be prohibited.  All such activities shall also comply with applicable federal and state laws and regulations.

10.3  Erosion Control.
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Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following "Best Management" practices:

10.3.A.     Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.

10.3.B. The duration of exposure of the disturbed area shall be kept to a practical minimum.

10.3.C.   Temporary vegetation and/or mulching shall be used to protect exposed areas during development.

10.3.C.1. Where mulch is used it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.

10.3.C.2. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

10.3.C.3. Additional measures shall be taken where necessary in order to avoid siltation into the water.  Such measures may include the use of stacked hay bales and/or silt fences.

10.3.D.  Permanent (final) vegetation and mechanical erosion control measures, in accordance with the standards of the County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be installed as soon as possible after construction ends.

10.3.E.  Until a disturbed area is stabilized, sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods as determined by the Code Enforcement Officer.

10.3.F.  The top of a cut or the bottom of a fill section shall not be closer than twenty (20) feet to an adjoining property unless otherwise specified in this Ordinance or specified by the Planning Board or Code Enforcement Officer.

10.3.G.  During grading operations, methods of dust control shall be employed wherever practicable.

10.3.H.  On slopes greater than 25% there shall be no grading or filling within 100 feet of the normal high water mark except to protect the shoreline and prevent erosion.

10.4  Explosive Materials.
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All flammable or explosive liquids, solids or gases shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal and state regulations.

10.5  Construction in Flood Hazard Areas.
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In those areas designated by the Federal Emergency Management Agency as being within the 100 year floodplain, as identified in the Flood Insurance Study and on the Flood Insurance Rate Maps adopted in Section 3.3, the provisions of Article 14 of this ordinance shall apply.

10.5.A. through 10.5.I.             Deleted

10.6  Noise.
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Excessive noise at unreasonable hours shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume.

10.6.A.   The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this Ordinance shall be as established by the time period and type of Land Use District listed below.  Sound pressure levels shall be measured at all major lot lines at a height of at least four (4) feet above the ground surface.

Sound Pressure Level Limits
Measured in dB(A)'s:
	7am-8pm	8pm-7am
Business-Commercial District	60	50
Other Districts	55	45

10.6.A.1.  The levels specified may be exceeded by 10dB(A) for a single period, no longer than 15 minutes in any one day.

10.6.A.2.  Sound from any source controlled by this Ordinance shall not exceed the above limits at the lot line of the "receiving" property.

10.6.A.3.  Where the emitting and receiving premises are in different zones, the limits governing the stricter zone shall apply to any regulated noise entering that zone.

10.6.B. Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1.4-1961) "American Standard Specification for General Purpose Sound Level Meters".  The instrument shall be set to the A-weighted response scale and the meter to the slow response.   Measurements shall be conducted in accordance with ANSI S1.2-1962 "American Standard Method for the Physical Measurements of Sound".

10.6.C.  No person shall engage in, cause or permit any person to be engaged in loud construction activities on a site abutting any residential use between the hours of 8 pm of one day and 7 am of the following day.  Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit.  The following uses and activities shall be exempt from the sound pressure level regulations:

10.6.C.1.  Home maintenance activities (for example: mowing lawns, cutting one's own firewood,  etc.)

10.6.C.2.  Noises created by construction and maintenance activities between 7am and 8pm.

10.6.C.3.  The noises of safety signals, warning devices and emergency pressure relief valves and any other emergency activity.

10.6.C.4.  Traffic noise on existing public roads, railways or airports.

10.6.C.5.  Noise created by refuse and solid waste collection, provided that the activity is conducted during daytime hours.

10.6.C.6.  Emergency construction or repair work by public utilities shall also be exempted at any hour.

10.6.C.7.  Noise created by any recreational activities which are permitted by law and for which a license or permit has been granted by the Town, including but not limited to, parades, sporting events, concerts and fireworks displays.

10.6.C.8.  Existing industrial noise sources which are in operation at the time of the Ordinance enactment shall be provided a permanent ten dB(A) noise level allowance over noise levels otherwise required herein.

10.7  Off-Street Parking and Loading.
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