ARTICLE 11 - PERFORMANCE STANDARDS, SPECIFIC ACTIVITIES
AND LAND USES

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11.1  Agriculture.
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Within the Shoreland Zone all agricultural activities shall meet the following standards:

11.1.A.  All spreading or disposal of manure shall be accomplished in conformance with the "Maine Guidelines for Manure Sludge Disposal on Land" published by the University of Maine and the Maine Soil and Water Conservation Commission in July 1972.

11.1.B.  There shall be no new tilling of soil within one hundred (100) feet, horizontal distance, of the normal high water line of Bonny Eagle Pond; within seventy five (75) feet, horizontal distance, from other water bodies; nor within twenty five (25) feet, horizontal distance of tributary streams and wetlands.  Operations in existence on the effective date of this Ordinance and not in conformance with this provision may be maintained.

11.1.C.  Where soil in excess of 20,000 square feet lying either wholly or partially within the Shoreland District is tilled, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission and is approved by the appropriate Soil and Water Conservation District.  The number of the plan shall be filed with the Planning Board.  Non-conformance with the provisions of such Conservation Plan shall be considered to be a violation of this Ordinance.

11.2  Amusement Centers.
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11.2.A.   In addition to the automobile parking spaces required in Section 10.7.D., all amusement centers shall provide facilities for the parking of bicycles.  Bicycle racks shall be located off the sidewalk or other pedestrian way and away from automobile traffic lanes.  A minimum of one bicycle space for every two amusement devises shall be provided.

11.2.B.  Restroom facilities for the patrons shall be provided on the premises.

11.3  Animal Husbandry.
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When permitted as a Conditional Use, animal husbandry shall meet the following standards:

11.3.A.   All pasture, barns, barnyards and other areas where the livestock, animals or fowl are kept, housed, fed or cared for shall be a minimum of one hundred (100) feet from the nearest dwelling other than the applicant's.

11.3.B.  All uncovered manure shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any body of water or well. Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of Bonny Eagle Pond or Duck Pond, or within seventy five (75) feet, horizontal distance, of other water bodies, tributary streams or wetlands. Within five (5) years of the effective date of this Ordinance (March 8, 1986) all manure storage areas within the Shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Existing facilities, which do not meet the setback requirement, may remain but must meet the no discharge provision within the above five (5) year period. 

11.3.C.   All feed and grain shall be stored in rodent proof containers.

11.3.D.   All paddocks, pastures, barnyards or other enclosures must be adequately fenced to contain livestock, animals or fowl.

11.3.E.  The Planning Board shall limit the number and species of animals permitted.  The Board shall consider the size and layout of the lot, the size of adjacent lots, the presence of vegetative screening and buffer strips and the potential for noise, odor and vermin problems.

11.3.F.   After the effective date of this Ordinance, newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high water line of a great pond classified GPA, within seventy five (75) feet, horizontal distance, of other water bodies, nor within twenty five (25) feet, horizontal distance, of tributary streams and wetlands.  Livestock grazing associated with ongoing farm activities and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.

11.4  Campgrounds.
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Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following shall apply (in cases of possible conflict, the stricter rule shall apply):

11.4.A.   General.

11.4.A.1.  A campground must be constructed on at least ten acres of land and all camping units or structures shall be located at least 200 feet from any residence (except residences belonging to the campground owners).

11.4.A.2.   Campsites shall be laid out or screened in such a manner that none are within view from public roads, navigable rivers, existing residences or approved subdivision lots.   Any combination of evergreen planting, landscaped earthen berms or solid fencing may be used to achieve this screening standards when campsites would otherwise be visible from the locations described above.

11.4.A.3.   The management of campgrounds shall be responsible for operating their premises in accordance with all Town codes and ordinances and all State laws and regulations.  The  maintenance of all open spaces, areas, roads and utilities in  a campground shall be the responsibility of the management.

11.4.A.4.   A time limit is placed on the occupancy of any one camping space on a continuing basis as follows:  Twelve weeks for the period May 15 to September 15 of each year and two weeks for all other time.  Only camping units such as defined herein (plus a towing vehicle) shall be permitted within any camp ground, temporarily or otherwise.

11.4.A.5.   No trailers other than such as are recreational vehicles as defined in Article 2 shall be permitted within any campground, temporarily or otherwise.  No camping unit shall be stored or exhibited for sale for commercial purposes within the park,

11.4.A.6.   Tentsites and sites for recreational vehicles  (RV's) shall be laid out so that the density on each developed acre of land does not exceed the standards below (in terms of  sites per acre of land excluding circulation roads).  Land supporting wetland vegetation and land below the normal high water line of a water body shall not be included in calculating the land area of the campground.

Non-Shoreland  Shoreland Area
Tentsites    14 per acre  8 per acre
RV sites 11 per acre  7 per acre

11.4.A.7.   Any site intended for the placement of a recreational vehicle, tent or shelter, which has frontage on a water body, or wetland shall have a minimum frontage along the shoreline of one hundred (100) feet.  The areas intended for placement of a recreational vehicle, tent or shelter and  utility and service buildings shall be set back a minimum of one hundred (100) feet from the normal high water line of Bonny Eagle Pond and seventy five (75) feet from the normal high water line of other water bodies, tributary streams or the upland edge of a wetland.

11.4.B.    Parking and Circulation.

11.4.B.1.   A minimum of two hundred (200) square feet of off street parking plus maneuvering spaces shall be provided for each recreational vehicle, tent or shelter site.  Recreational vehicles shall be so parked in spaces that:

11.4.B.1.a.  There shall be a minimum of 25 feet between vehicles.

11.4.B.1.b.  There shall be a minimum of 45 feet between all recreational vehicles and tents and all public rights-of-way located inside the boundaries of the trailer park or campground.

11.4.B.2.    Vehicular access shall be provided onto a hard surfaced road adequate for the volume and type of traffic likely to be generated.  Grades and sight-distances specified in the town's subdivision regulations shall be observed in designing all intersections.  Roads shall be constructed of at least 12" of bank-run (no stone larger than 4"), 2" of crushed gravel (1/2" chips) and two applications of liquid asphalt (1/2" gallon per square yard each application).

11.4.C.    Health and Safety.

11.4.C.1.   Each recreational vehicle, tent or shelter site shall be provided with a picnic table and trash receptacle.  Within a maximum of one hundred and fifty (150) feet from each campsite there shall be a container capable of storing the amount of refuse that the camping area for which it was designed could generate in one week.  The park management shall dispose of refuse from said containers by transporting the refuse from said containers in a closed truck or in enclosed containers or bags to an approved disposal area at least once a week.

11.4.C.2.   A campground shall provide water and sewage systems, sanitary stations and convenience facilities in accordance with the regulations of the State Plumbing Code and the State of Maine Department of Human Services.  In no case shall less than one toilet, lavatory and shower be provided for each sex for every ten camping and tent sites.  All recreational vehicle sites shall be equipped with water and sewage hook-ups connected to approved distribution or disposal systems.

11.4.C.3.   Fire extinguishers capable of dealing with both electrical and wood fires shall be kept in all service buildings.  A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations.  Twenty-four (24) hour emergency communication service (e.g., telephones) shall be provided.

11.4.C.4.   The campground shall provide a water supply adequate for fire safety purposes.  The Planning Board may require the construction of storage ponds and dry hydrants.

11.4.D.    Planning and Review.

11.4.D.1.   Roads, parking, campsites and required facilities shall be planned in accordance with the basic principles outlined below and shall be shown on the proposed plan which is submitted for review and approval as a Conditional Use:

11.4.D.1.a.   A logical sequence of entry and circulation should be created:  entrance, administration and storage, parking, campsites, toilets and laundry, playing fields or shoreline.

11.4.D.1.b.   Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support services areas (laundries, play areas, etc.) serving a number of campsite clusters.  The purpose is to minimize road length, increase accessibility and preserve open space.

11.4.D.1.c.   Footpaths and roads should follow "desire lines" of pedestrian and vehicular movement between campsites and all jointly used facilities.  Parking areas may be grassed reinforced with open concrete blocks.

11.4.D.1.d.   Access roads shall be laid out as loops to the greatest extent that is practicable, although "cul-de-sacs" or "dead-ends" may be allowed to serve up to 20 campsites.

11.4.D.2.   A soil erosion and sedimentation control plan meeting the standard of the York County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be submitted.  In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:

11.4.D.2.a.  The major types of vegetation should be identified and described (as to age, height, openness or density and pattern--either natural or reforested).

11.4.D.2.b.  New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions and to blend compatibly with existing natural vegetation.

11.4.D.2.c.  All vegetative clearing should avoid creating straight-line edges between open land and surviving stands.

11.4.D.2.d.  Areas of activity and/or traffic should be sited to avoid wildlife areas (such as thickets for birds and small mammals or deer yards and trails).

11.5  Clearing of Vegetation in the Shoreland Zone.
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11.5.A.    In the Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

11.5.B.   In the Shoreland District, except to allow for the development of permitted uses within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high water line of Bonny Eagle Pond or Duck Pond and seventy five (75) feet, horizontal distance from any other water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

11.5.B.1.   There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown.  However, a footpath not to exceed  ten feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created.  Adjacent to Bonny Eagle Pond and Duck Pond, the width of the footpath shall be limited to six feet.

11.5.B.2.   Selective cutting of trees within the buffer strip is permitted provided that a well distributed stand of trees and other vegetation is maintained.  For the purposes of this Section, a "well-distributed stand of trees and other  vegetation" adjacent to Bonny Eagle Pond or Duck Pond shall be defined as maintaining a rating score of 12 or more in any 25 foot by 25 foot square (625 square feet) area as determined by the following rating system.


Tree at 4 1/2 feet Above Ground Level (inches) Points
2 - 4 in. 1
4 - 12 in.   2
12 in.   4

Adjacent to other water bodies, tributary streams and  wetlands, a  "well distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 8 per 25 foot square area.  Notwithstanding the above provisions, no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.

11.5.B.3.   In order to protect water quality and wildlife habitat, adjacent to Bonny Eagle Pond and Duck Pond, existing vegetation under three feet in height and other ground cover shall not be removed except to provide for a footpath or other permitted uses as described in paragraphs 2 and 2a above.

11.5.B.4.    Pruning of tree branches on the bottom 1/3 of the tree is permitted.

11.5.B.5.   In order to maintain a buffer strip of vegetation, when the removal of storm damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

The provisions contained in paragraph 2 above shall not apply to those portions of public recreational facilities adjacent to public swimming areas.  Cleared areas, however, shall be limited to the minimum area necessary. 

11.5.C.    Within the Shoreland Zone, at distances greater than one hundred (100) feet horizontal distance, from Bonny Eagle Pond or Duck Pond and seventy five (75) feet horizontal distance from the normal high water line of any other water body, tributary streams or the upland edge of a wetland except to allow for the development of permitted uses, there shall be permitted on any lot in any ten year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level.  Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation.  For the purposes of these standards, volume may be considered to be equivalent to basal area.

In no event shall cleared openings for development, including but not limited to , principal and accessory structures, driveways and sewage disposal areas exceed in the aggregate 25% of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed.  This provision shall not apply to the General Development of Commercial Fisheries/Maritime Activities District.

11.5.D.    Cleared openings legally in existence on the effective date of this Ordinance may be maintained but shall not be enlarged, except as permitted by this Ordinance.

11.5.E.    Fields which have reverted to primarily shrubs, trees and other woody vegetation shall be regulated under the provisions of this section.

11.6  Cluster Development.
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11.6.A.  Purpose.

11.6.A.1.   The purpose of these provisions is to allow for new concepts of housing development where variations of design may be allowed provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed.

11.6.A.2.   Notwithstanding other provisions of this Ordinance relating to dimensional standards, the Planning Board in reviewing and approving proposed residential developments located in the Town may modify said provisions related to dimensional standards to permit innovative approaches to housing and environmental design in accordance with the following standards.  This shall not be construed as granting variances to relieve hardship.

11.6.B.    Basic Requirements for Cluster Developments.

11.6.B.1.    Cluster developments shall meet all requirements for a subdivision, the street acceptance ordinance and all other applicable Town ordinances including the Performance Standards of Article 10 of this Ordinance.

11.6.B.2.    Each building shall be an element of an overall plan for site development.  Only developments having a total site plan for structures will be considered.  The developer shall illustrate the placement of the buildings and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this Ordinance.

11.6.B.3.   The maximum net residential density (i.e. the  number of dwellings per acre excluding roads) allowable in cluster developments shall be calculated on the basis described in the table below.  For example, all of the "well drained" and "moderately well drained" land may be included in the density calculations plus half of the "poorly drained" land when not on public sewer.

Land Which May be Included as "Suitable Land" when Calculating Net Residential Density
Excessively  drained, Well drained and Moderately well drained* Poorly drained and somewhat  poorly drained* Very Poorly  drained* Slopes Greater  than 33% Borrow Pits
100% 50% 10% -- 33%

  *Soil classification by U.S. Soil Conservation Service.  All "poorly" and "very poorly" drained soils are unsuitable for on-site sewage disposal under the Maine Subsurface Waste Water Disposal Rules.

11.6.B.4.   In order to determine the maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included in net density calculations (according to the table) less the land needed for roads (including shoulders and drainage ditches) shall be divided by the  minimum lot size required in the district.  The extent of soil types in the six categories listed in the table shall be certified by a Registered Soil Scientist licensed in the State of Maine on a high intensity soil survey map.  No building shall be constructed on soil classified as being "very poorly" drained.

11.6.B.5.   Unless a community sewage collection and treatment system is provided no lot shall be smaller in area than 40,000 square feet.

11.6.B.6.   The total area of common land within the development shall equal or exceed the sum of the area by which any building lots are reduced below the minimum lot area normally required in the district.

11.6.B.7.   Every building lot that is reduced in area below the amount normally required should abut such common land for a distance of 50 feet or be within 1,000 feet walking distance of such land.

11.6.B.8.   The distance between buildings shall not be less than 40 feet.  Rear setback requirements may be reduced by no more than 50 percent.

11.6.B.9.   Any lot abutting a public road existing at the time of development proposal shall have at least 100 feet frontage, except lots abutting a circular turnaround may have 75 feet frontage.  No individual lot shall have frontage on an existing public road.

11.6.B.10.   In no case shall shore frontage be reduced below the minimum normally required in the district.

11.6.B.11.   Where a cluster development abuts a body of water, a usable portion of the shoreline as well as reasonable access to it shall be a part of the common land.

11.6.B.12.   Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, solar energy and natural drainage areas in accordance with an overall plan for site development.

11.6.B.13.  When individual wells are to be utilized, a drilled well with casing shall be provided on each lot by the developer.  The applicant shall demonstrate the availability of water adequate for domestic purposes as well as for fire safety.  The Planning Board may require the construction of storage ponds and dry hydrants.

11.6.B.14.   The location of subsurface waste water disposal systems and an equivalent reserve area for replacement systems shall be shown on the plan.  The report of a licensed Site Evaluator shall accompany the plan.

11.6.B.15.   Utilities shall be installed underground wherever possible.  Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.

11.6.B.16.   The developer shall file with the Town at the time of submission of the final plans a performance guarantee.  This may be tendered in the form of a guarantee.  This may be tendered in the form of a certified check payable to the Town, a savings account passbook issued in the name of the Town or a faithful performance bond running to the Town and issued by a surety company acceptable to the municipality.  The conditions and amounts of such check, passbook or performance bond shall be determined by the Planning Board with the advice of concerned departments or agencies.  The amount shall be equal to the total cost of furnishing, installing, connecting and completing all of the street grading, paving, storm drainage and utilities or other improvements specified in the final plan taking into account the inflation on construction costs and shall guarantee the satisfactory completion of the required improvements.

11.6.C.    Dedication and Maintenance of Common Open Space and Facilities.

11.6.C.1.   Common open space shall be dedicated upon approval of the project.  There shall be no further subdivision of this land which shall be used only for non-commercial recreation or conservation.  However, easements for public utilities or structures accessory to non-commercial recreation or  conservation may be permitted.

11.6.C.2.   The common open space(s) shall be shown on the  development plan and with appropriate notation on the face thereof to indicate that:

11.6.C.2.a.   The common open space shall not be used for future building lots; and

11.6.C.2.b.   A part or all of the common open space may,  at the option of the Town, be dedicated for acceptance by the Town.

11.6.C.3.   If any or all of the common open space is to be  reserved for use by the residents, the applicant shall prepare by-laws for a homeowner's association which shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval.

11.6.C.4.   Covenants for mandatory membership in the  association setting forth the owner's rights and interest and privileges in the association and the common land shall be reviewed by the Planning Board and included in the deed for  each lot.

11.6.C.5.   This homeowner's association shall have the  responsibility of maintaining the common open space(s) and other common facilities until accepted by the Town.

11.6.C.6.   The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common and recreational facilities and Town assessments.

11.6.C.7.   The developer shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place.  Such determination shall be made by the Planning Board upon request of the homeowner's association or the developer or subdivider.

11.7  Extractive Industry.
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11.7.A.    The purpose of this section is to allow the extraction and processing of valuable sand, gravel, rock, soil, peat and other mineral deposits with a minimum of adverse impact upon groundwater, surface waters and neighboring properties.

11.7.B.    Approval as a Conditional Use.

11.7.B.1.   The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits shall be approved by the Planning Board as a Conditional Use prior to commencing any such operation.

11.7.B.2.    The following earth-moving activities shall be allowed without approval as a Conditional Use:

11.7.B.2.a.  The removal or filling of material incidental to construction, alteration or repair of a building or accessory structure or in the grading and landscaping incidental to such construction, alteration or repair;

11.7.B.2.b.  The removal or filling of material incidental to construction, alteration or repair of a public or private way or public utility;

11.7.B.2.c.  The excavation, processing or storage of less than twenty five (25) cubic yards of material on a parcel within the period of one year.

11.7.C.    Application for a Conditional Use.  An application for Conditional Use approval by the Planning Board shall include:

 11.7.C.1.   A sketch plan which shows:

11.7.C.1.a.  The name and address of the owner of the property involved;

11.7.C.1.b.  The name and address of the operator who will undertake the earth moving activity if different from the property owner;

11.7.C.1.c.  The location and boundaries of the lot or lots for which approval is requested; 

11.7.C.1.d.   The names of the owners of all parcels of  land directly abutting or directly across any street adjoining the property for which approval is requested;

11.7.C.1.e.  The location of all proposed access roads and temporary or permanent structures;

11.7.C.1.f.  The location of all natural or man-made water bodies and wetlands within the proposed site or within 150 feet of the proposed site;

11.7.C.1.g.  The topography of the proposed site shown with contour lines with a contour interval of not more than five (5) feet; and

11.7.C.1.h.  The specific location of the proposed excavation with an indication of the degree to which earth movement activity will occur within specified time intervals.

 11.7.C.2.  Written statements and/or sketch plans which detail:

11.7.C.2.a.  The location and nature of proposed fencing, buffer strips, signs, lighting and parking and loading areas;

11.7.C.2.b.  The proposed method of extraction and the  type of material to be removed;

11.7.C.2.c.  The estimated duration, regularity and working hours of the proposed operation;

11.7.C.2.d.  Plans to control erosion and sedimentation during the operation;

11.7.C.2.e.   Plans to stabilize unstable slopes;

11.7.C.2.f.  Plans to store and/or remove stripped  vegetation and topsoil;

11.7.C.2.g.  Plans for the rehabilitation and restoration of the site upon completion of the operation including the timing of such site restoration, the final grade and methods to control erosion and sedimentation both during and after reclamation activities; and

11.7.C.2.h.  The effect of the proposed activity on existing and foreseeable traffic patterns in the Town.

11.7.D.   Performance Standards.

The Planning Board in granting Conditional Use approval, shall specify such requirements as it deems necessary or desirable to ensure compliance with the following performance standards:

11.7.D.1.   No part of any extraction operation, including drainage and runoff control features shall be permitted within 100 feet of any property or street-line except that drainage ways to reduce runoff into or from the extraction area may be allowed up to 50 feet of such line. The 100 foot set back requirement may be waived by the Planning Board, for abutting extractive operations, if there is a written formal contractual agreement between the property owners. Said agreement must be recorded at the York County Registry of Deeds prior to excavation within the 100' perimeter. No part of any extraction operation, including drainage and runoff control features shall be permitted within one hundred (100) feet of the normal high-water line of Bonny Eagle Pond or Duck Pond or within seventy five (75) feet of the normal high-water line of any other water body, tributary stream or the upland edge of a wetland. Natural vegetation shall be undisturbed and maintained in buffer areas.

11.7.D.2.   No slopes steeper than three feet horizontal to two feet vertical shall be permitted at any extraction site unless a fence at least four feet high is erected to limit access to such locations.

11.7.D.3.   Before commencing removal of any earth materials, the owner or operator of the extraction site shall present written evidence to the Planning Board of adequate insurance against liability arising from the proposed extraction operations and such insurance shall be maintained throughout the period of operation.

11.7.D.4.   Any top soil and sub-soil suitable for purposes of re-vegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion according to the erosion prevention performance standards for this Ordinance.

11.7.D.5.   Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer in order to protect surface water bodies from sedimentation.

11.7.D.6.   The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure.  Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

11.7.D.7.   The hours of operation at any extraction site shall be limited to 7 am to 8 pm during weekdays unless otherwise specified by the Planning Board.

11.7.D.8.   Loaded vehicles shall be suitably covered or  trimmed to prevent dust and contents from spilling or blowing from the load.  No mud, soil, sand or other materials shall be allowed to accumulate on a public road from loading or hauling vehicles.

11.7.D.9.   All access/egress roads leading to/from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 100 feet from such public ways.

11.7.D.10.  No equipment, debris, junk or other material shall be permitted on an extraction site except those directly related to active extraction operations and any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within thirty days following completion of active extraction operations.

11.7.D.11.  Rubbish shall be removed on a timely basis.

11.7.D.12.  Within twelve (12) months following the completion of extraction operations at any extraction site or any one or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board so that:

11.7.D.12.a.     All debris shall be removed and disposed of in an approved location or buried and covered with a minimum of two feet of earth. All stumps may be buried in a similar manner, except over an aquifer as mapped by the Maine Geological Survey or within 100 feet of a stream.

11.7.D.12.b.    Storm drainage and watercourses shall leave the location at the original natural drainage points, where practicable and in a manner such that the amount of drainage at any point is not significantly increased.

11.7.D.12.c.     At least 4" of top soil or loam shall be retained or obtained to cover all disturbed land areas which shall be reseeded and properly restored to a stable condition.

11.7.E.    Surety and Terms of Approval.

No approval shall be issued without some form of security to ensure compliance with such conditions as the Planning Board may impose.

11.7.F.    Existing Operations.

11.7.F.1.   Any commercial operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this Ordinance becomes effective may operate for a period of five years from the effective date of this Ordinance amendment, (March 8, 1986) without Planning Board approval.

Existing operations, however, must submit to the Planning Board within ninety (90) days of the effective date of this Ordinance (March 1986) a map indicating the area within which earth removal activity is anticipated within the five year period and the area, which has already been subject to earth removal activity.

Failure to submit the above map within ninety days shall result in the loss of grandfathered status for that operation.

Within fifteen (15) days of the effective date of this Ordinance amendment, (March 8, 1986), the Code Enforcement Officer shall notify, by certified mail, return receipt requested, the owners of all property which, to the best of his knowledge, contain existing operations informing them of the requirements of this section.

11.7.F.2.   Any existing operation which has met the requirements of Section 11.7.F.1. and is still in lawful operation at the end of the specified five year period may continue to operate provided the following conditions are met:

11.7.F.2.a.  Within ninety (90) days from the enactment date of this amendment (June 3, 1991), a map drawn to scale shall be submitted to the Planning Board by the owner or operator of each parcel indicating:

11.7.F.2.a.1.  The boundaries of the property and the tax map and lot number.

11.7.F.2.a.2.  The names of the abutters to the parcel.

11.7.F.2.a.3.  The area of the property which has already been subject to earth removal activity.

11.7.F.2.a.4.  The area of the property within which the extraction activity is anticipated in the future.

11.7.F.2.a.5.  Any existing or anticipated storage and/or processing areas.

11.7.F.2.b.  Within thirty (30) days from the enactment date of this amendment (June 3, 1991), a plan for the operation and/or storage activities on the site shall be submitted to the Planning Board for approval. The plan shall as a minimum insure that:

11.7.F.2.b.1.  The boundaries of the property are clearly marked on the ground.

11.7.F.2.b.2.  All access/egress roads leading to or from the extraction site to public ways are gated or otherwise suitably blocked or monitored to control access to the site.

11.7.F.2.b.3.  All access/egress roads are treated with suitable materials to minimize dust and mud for a distance of at least one hundred (100) feet from public ways.

11.7.F.2.b.4.  Loaded vehicles are suitably covered or trimmed to prevent dust or contents from blowing or spilling from the vehicle, and no mud, soil, sand or other material will accumulate on public ways as a result of loading or hauling such materials.

11.7.F.2.b.5.  Whatever measures are necessary will be used to protect restored areas, surface water bodies and adjacent properties from erosion and sedimentation.

11.7.F.2.b.6.  All debris, boulders and similar materials will be disposed of on site and buried or covered with a minimum of two feet of earth.  Stumps may be buried in a similar manner providing the stumps originated on the site and are not buried in an area larger than one acre nor within one hundred (100) feet of a stream or other water body.

11.7.F.2.b.7.  All pit faces operated following the effective date of this amendment will be sloped at three feet horizontal to two feet vertical or flatter following the removal of available earth material from the immediate area.  At least two inches of topsoil, loam or other material acceptable to the Code Enforcement Officer shall be retained or obtained to cover the sloped area which shall be restored to a stable condition and reseeded or replanted to trees.

11.7.F.2.b.8.  Wherever possible, a 25 foot buffer strip shall be marked around the perimeter of a closed site and such markings shall be sufficient to warn of the proximity of slopes not conforming to the requirements of 11.7.F.2.b.7.

11.7.F.2.b.9.  Grandfathered operations where the  major activity is the storing and processing of  earth materials rather than extraction will comply  with all applicable requirements of this section.

11.7.F.3.   Discontinuation of any existing operation for a  period of more than one year shall result in the loss of grandfathered status for that operation.  Discontinuation is defined as being the excavation, processing or storage of less than twenty five (25) cubic yards of material.

11.7.F.4.   Existing operations permitted under the provisions of section 11.7.F. shall be inspected by the Code Enforcement Officer at least once each calendar year to assure compliance with this section.

11.7.G. Penalty.

The owner or operator of an earth removal operation found guilty of a civil violation of any provision of this section of the Ordinance shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).  Each day of violation shall constitute a separate offense.  All fines collected hereunder shall inure to the Town of Buxton.

11.8  Timber Harvesting.
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In all districts, when a "Notification of Intent to Harvest Forest Products" is filed with the Maine Forest Service as required by Maine Statutory Law, a copy shall be on file with the Buxton Code Enforcement Officer before harvesting operations begin (6/97).

In the Shoreland Zone, timber harvesting operations shall comply with the following standards:

11.8.A.    No substantial accumulation of slash shall be left within fifty (50) feet of the normal high water mark of a water body.  In all other areas, all slash shall be disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground.  Any debris that falls below the normal high water line of a water body shall be removed.

11.8.B.    Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy five (75) feet in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high water line of a water body or upland edge of a wetland.  For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet.  The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five (25) feet from the normal high water line of a water body or upland edge of a wetland.

11.8.C.    Harvesting operations shall be conducted in such a manner and at such a time that minimal soil disturbance results.  Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters.  Timber harvesting equipment shall not use stream channels as travel routes except when surface waters are frozen and the activity will not result in any ground disturbance.  All crossings of flowing water shall require a bridge or culvert except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.  Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream.  Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

11.8.D.    Harvesting operations shall be conducted in such a manner that a well-distributed stand of trees is retained.

11.8.E.    Within one hundred (100) feet, horizontal distance of the normal high-water line of Bonny Eagle Pond or Duck Pond, and within seventy five (75) feet, horizontal distance of the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation including existing ground cover shall be maintained.  At distances greater than one hundred (100) feet, horizontal distance of Bonny Eagle Pond or Duck Pond and greater than seventy five (75) feet, horizontal distance of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten thousand (10,000) square feet in the forest canopy.  Where such openings exceed five thousand (5,000) square feet, they shall be at least one hundred (100) feet apart.  Such clearcut openings shall be included in the calculation of total volume removal.

11.8.F.   On any lot harvesting shall remove not more than forty percent (40%) of the volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level in any ten (10) year period.  For the purposes of these standards, volume may be considered to be equivalent to basal area.

11.9  Groundwater and Aquifer Protection Standards.
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11.9.A.    Permit Required.  Groundwater or springwater may be extracted and/or bulk stored as part of a commercial, industrial or land excavation operation where allowed under this Ordinance, subject to the approval of the Planning Board as a Conditional Use.  The Planning Board shall grant approval if it finds that the proposal, with any reasonable conditions, will conform with the requirements of this section and the requirements of Article 8.

11.9.B.    Submission Requirements.  The application together with site plan shall include the following additional information:

11.9.B.1.   Statement of the quantity of groundwater to be extracted, expressed as the annual total, the maximum monthly rate by month and the maximum daily rate;

11.9.B.2.   A letter from the Maine Department of Human Services approving the facility as proposed, where the Department has jurisdiction over the proposal;

11.9.B.3.   Where appropriate, letters from the Department of Environmental Protection when the Site Location Law is applicable or a discharge permit is required;

11.9.B.4.   Applications shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist or registered professional engineer except for springwater extraction facilities which meet the following conditions:  the spring enhancement will not increase the combined spring's catchment capacity by removing more than four (4) cubic yards of earth and not increase this spring's depth by more than four (4) feet, where the discharge drain is no lower than the existing spring water level, where gravity alone (without the aid of a siphon) is used to with-draw the springwater to other facilities on site and where other movements do not threaten groundwater levels.  This report shall include the following information:

11.9.B.4.a.  A map of the aquifer tributary to the spring(s), well(s) or excavation(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one in ten years as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

11.9.B.4.b.  The results of the investigation shall establish the aquifer characteristics, the rates of drawn-down and rebound, the sustainable yearly, monthly (by month) and daily extraction rates, the cone of depression which may develop about the proposed facility and other impacts on the water table in the tributary aquifer and such other private or public wells within 1,000 feet of the proposed extraction facilities shall be assessed.

11.9.B.4.c.  Nothing in this procedure and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

11.9.C.   Performance Standards.

11.9.C.1.   The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table, cause saltwater intrusion, cause undesirable changes in groundwater flow patterns or cause unacceptable ground subsidence based on the conditions of a drought with a probability of occurrence of once in ten years.

11.9.C.2.   The proposed facility will not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.

11.9.C.3.   Safe and healthful conditions will be maintained at all times within and about the proposed use.

11.9.C.4.   The proposed use will not cause sedimentation or erosion.

11.9.C.5.   The proposed facility is not within the defined aquifer recharge area of a public water supply unless notice  is given to the operator thereof and the Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.

11.9.C.6.   The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Code Enforcement Officer or a designee.

11.9.D.  Existing Operations.

11.9.D.1.   Any operation involving the extraction or storage in lawful operation at the time this section becomes effective and which meet the criteria for requiring a Conditional Use Permit, may operate for a period of five years from the effective date without Planning Board approval.   Existing operations, however, must submit to the Planning Board within ninety (90) days of the effective date of this section, a statement indicating the location of the existing extraction operation and estimated quantities of groundwater being extracted.  Failure to submit the above statement within ninety days shall result in the loss of grandfathered status for that operation.  Within fifteen (15) days of the effective date of this section, the Code Enforcement Officer shall notify, be certified mail, return receipt requested, the owners of all property which, to the best of his knowledge, contain existing operations, informing them of the requirements of this section.

11.9.D.2.   Discontinuation of any existing operation for a period of more than one year shall result in the loss of grandfathered status for that operation.

11.10  Home Occupations.
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11.10.A.   A home occupation is an occupation or profession which is carried on in a dwelling unit or structure accessory to a dwelling unit and which is clearly incidental and subordinate to the use of the lot for residential purposes.

11.10.B.   Any home occupation which may be carried out without offending Custom or disturbing neighbors; altering residential character of the neighborhood; or changing the character of the lot from its principal use as a residence shall be permitted if it complies with the requirements of this section.

11.10.C.  The following requirements shall be satisfactorily demonstrated to the Code Enforcement Officer before a home occupation permit may be issued:

11.10.C.1.   The home occupation shall be carried on by members of the family residing in the dwelling unit.

11.10.C.2.   The home occupation shall be carried on wholly within the principal or accessory structure.

11.10.C.3.   The home occupation shall not occupy more than 500 square feet of floor area or more than 25% of total floor area of the structure, whichever is less.

11.10.C.4.   The performance standards in Article 10 of this Ordinance shall apply, with regard to noise, smoke, dust, etc.

11.10.C.5.   No traffic shall be generated by such home occupation in a volume greater than would normally be expected during the day-time in the residential neighborhood and the off-street parking requirements stated in Section 10.7 shall be met.  If existing off-street parking is required to be expanded, it shall be adequately screened from the road and from adjacent house lots (for example, with a dense screen of evergreens) and shall not be located between the house and the road.

11.10.C.6.   No exterior signs or displays other than the one sign permitted in Section 10.11.A., no exterior storage of material or products and no other exterior indication of the home occupation or variation from the residential character of the principal building shall be permitted.

11.10.C.7.   The sale of products shall be limited to those  which are crafted, assembled or substantially altered on the premises and to catalog items ordered on the premises by Customers.

11.10.C.8.   The term "home occupation" shall also include both professional and personal services (such as physicians, dentists, lawyers, architects, real estate or insurance agents, barbers, hairdressers, watch/clock repair and similar business compatible in residential areas).

11.10.C.9.   Farm produce raised on the premises shall not be classified as a home occupation unless a roadside stand exceeding 35 sq. ft. in area is proposed to be built.  Like-wise, yard sales occurring on less than three weekends or less than six consecutive days during the period May 1 through September 30 shall not be considered to be home occupations and shall not require permits.

11.11  Kennels.
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11.11.A.   Structures or pens for housing or containing the animals shall be located not less than one hundred (100) feet from the nearest residence existing at the time of permit issuance (other than the dwelling on the same lot).

11.11.B.   All pens, runs or kennels and other facilities shall be designed, constructed and located on the site in a manner that will minimize the adverse effects upon the surrounding properties.  Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties and other similar factors.

11.11.C.   The owner or operator of a kennel shall maintain the premises in a clean, orderly and sanitary condition at all times.  No garbage, offal, feces or other waste material shall be allowed to accumulate on the premises.  The premises shall be maintained in such a manner that they will not provide a breeding place for insects, vermin or rodents.

11.11.D.   Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement shall be kept tightly covered at all times and emptied no less frequently than once every four days.  Such containers shall be made of steel or plastic to facilitate cleaning and shall be located in accordance with the setbacks required for outdoor runs.

11.11.E.   All enclosed kennels or veterinary buildings shall be constructed of masonry to provide for cleanliness, ease of maintenance and noise control.

11.11.F.   If outdoor dog "runs" are created, they shall be completely fenced in and shall be paved with cement, asphalt or a similar material to provide for cleanliness and ease of maintenance.

11.11.G.   Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 250 feet from any residence other than the applicant's and shall have a chimney vent not less than 35 feet above the average ground elevation.  The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator and that it meets state standards for particulate emissions, flue gas temperature and duration of required flue temperatures.

11.11.H.   All other relevant performance standards in Article 10 of this Ordinance (such as for noise) shall also be observed.

11.12  Manufacturing and Related Uses.
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