ARTICLE 11 - PERFORMANCE STANDARDS, SPECIFIC ACTIVITIES
AND LAND USES
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11.12  Manufacturing and Related Uses.
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11.12.A.   Environmental Standards.  Accompanying any application for a Conditional Use, the applicant shall submit the following information to the Code Enforcement Officer and to the Planning Board:

11.12.A.1.   A written description of the industrial operations proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, toxic or noxious matter, vibration, odor, heat, glare, air pollution, waste and other objectionable effect.

11.12.A.2.  Engineering and architectural plans for the treatment of and disposal of sewage and industrial wastes and  any on-site disposal of wastes.

11.12.A.3.   Engineering and architectural plans for handling any traffic congestion, noise, odor, heat, glare, air  pollution, fire hazard or safety hazard.

11.12.A.4.   Designation of the fuel proposed to be used and any necessary plans for controlling the emission of smoke or particulate matter.

11.12.A.5.   The proposed number of shifts to be worked and the maximum number of employees of each shift.

11.12.A.6.  A site plan indicating the property lines, buildings, driveways and parking areas, sewage disposal, water supply, water bodies and other significant natural features and any other improvements planned to the property.

11.12.A.7.   A list of all hazardous materials to be hauled, stored, used, generated or disposed of on the site and any pertinent state or federal permits required.

11.12.B.  General Requirements.

11.12.B.1.   All business, service, repair, manufacturing, storage, processing or display on property abutting or facing a residential use or property in the Village and Residential Districts shall be conducted wholly within an enclosed building unless screened from the residential area by a sight-obscuring fence permanently maintained at least six (6) feet in height.

11.12.B.2.   Doors, windows, loading docks and other openings  in structures shall be prohibited on sides of the structure adjacent to or across a street from a residential use or property in the Village and Residential Districts, if such an opening will cause glare, excessive noise or other adverse effects on residential properties.

11.12.B.3.   Front yards shall be continuously maintained in lawn or other landscaping.  All other yards abutting or across a street from a residential use or property in the Village or Residential Districts shall be continuously maintained in lawn or other landscaping unless screened from the residential use as provided in Section 11.12.B.1. above.

11.12.B.4.   Access points from a public road to industrial operations shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.

11.12.B.5.   All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.

11.12.B.6.   Prior to the issuance of building permits, the applicant shall demonstrate to the Code Enforcement Officer that all applicable State and Federal Standards have been met.

11.12.B.7.   Off-street parking requirements as stated in Section 10.7 must be met.

11.13  Piers, Docks, Wharves, Breakwaters, Causeways, Marinas,  Bridges over 20 feet in length and Uses Projecting into Water Bodies.
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In addition to permits required under Article 14 of this ordinance and to Federal and State permits which may be required for such structures and uses, they shall conform to the following:

11.13.A.   Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

11.13.B.   The location shall not interfere with developed beach areas.

11.13.C.   The facility shall be located so as to minimize adverse effects on fisheries.

11.13.D.   The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with existing conditions, use and character of the area.

11.13.E.   No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.

11.13.F.   No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

11.13.G.   Structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

11.14  Manufactured Housing Units.
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Manufactured housing units not in a mobile home park shall meet all of the requirements of this Ordinance for single family dwellings and the provisions of Article 14 of this Ordinance.  In addition:

11.14.A.   The manufactured housing unit must be placed on a foundation meeting the requirements of the rules of the Maine Manufactured Housing Board.

11.14.B.   Adequate ventilation shall be provided for the "crawl space" as required by the Buxton Building Code.

11.14.C.   The manufactured housing unit must contain a minimum of 480 square feet and;

11.14.D  The manufactured housing unit either;

11.14.D.1.      must be constructed after June 15, 1976, and the manufacturer must certify its construction was in compliance with the U.S. Department of Housing and Urban Development standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, U.S. Code, Title 42, Section 5401, et. seq., as amended, or

11.14.D.2.      meet the safety standards for older mobile homes which have been adopted by the State Manufactured Housing Board (02-385 Department of Professional and Financial Regulation dated May 31, 1990).

11.14.E  A manufactured housing unit which does not comply with the requirements of this section but which was lawfully in use as a dwelling in the Town of Buxton on the date of adoption of this Ordinance (November 2, 1976) may be relocated to any lot where a manufactured housing unit is permitted by the regulations of this Ordinance. 

11.15  Mobile Home Parks.
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11.15.A.   Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision and shall conform to all applicable State laws and local ordinances, regulations and conditions as determined by Planning Board review.  Where the provisions of this section conflict with specific provisions of the Buxton Zoning Ordinance, Shoreland Zoning Ordinance or Subdivision Ordinance, the provisions of this section shall prevail.

11.15.B.  Lot Area and Lot Width Requirements.  Notwithstanding the dimensional requirements table located in Section 9.6 of this Ordinance, lots in a mobile home park shall meet the following lot area and lot width requirements.

11.15.B.1.   Lots served by public sewer:

  Min. lot area:  6,500 square feet
  Min. lot width:  50 feet

11.15.B.2.   Lots served by individual subsurface waste water disposal systems:

  Min. lot area:  20,000 square feet
  Min. lot width:  100 feet

11.15.B.3.  Lots served by a central subsurface waste water disposal system approved by the Maine Department of Human Services:

  Min. lot area:  12,000 square feet
  Min. lot width: 75 feet

11.15.B.4.   The overall density of any mobile home park served by any subsurface waste water disposal system shall not exceed one dwelling unit per 20,000 square feet of total mobile home park area.

11.15.B.5.   Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district.

11.15.C.   Unit Setback Requirements.

11.15.C.1.  On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot and on lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot; provided, however, that on lots that are located within a shoreland zoning district, structures shall meet all setbacks required in the shoreland zoning district.

11.15.C.2.   On lots which abut a public way either within the mobile home park or adjacent to the mobile home park,  structures shall meet the front setback requirements in the dimensional requirements table in Section 9.6 of this Ordinance.

11.15.D.   Buffering.  If a mobile park is proposed with a residential density at least twice the density of development in existence on immediately adjacent parcels of land or at least twice the density permitted in the zoning district in which the mobile home park is located if the immediately adjacent parcels of land are undeveloped, the mobile home park shall be designed with a continuous landscaped buffer strip not less than fifty feet in width which shall contain no structures, streets or utilities except that utilities may cross a buffer strip to provide service to the mobile home park.

11.15.E.   Road Design, Circulation and Traffic Impacts.

11.15.E.1.   Privately owned roads within a mobile home park shall be designed by a Professional Engineer registered in the State of Maine.

11.15.E.2.   Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standards for streets in Article 12 of  this Ordinance.

11.15.E.3.   Streets which the applicant proposes to remain privately owned roads shall meet the following minimum geometric design standards.

11.15.E.3.a.   Minimum right of way width:  23 feet

11.15.E.3.b.   Minimum width of traveled way:  20 feet

11.15.E.4.   Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public streets.  Any  street within a park with an average daily traffic of 200 trips per day or more shall have at least two street connections leading to existing public streets, other streets within the park or other streets shown on an approved subdivision plan.

11.15.E.5.   No individual lot within a park shall have direct vehicular access onto an existing public street.

11.15.E.6.   The intersection of any street within a park and an existing public street shall meet the following standards:

11.15.E.6.a.  Angle of intersection.  The desired angle of intersection shall be 90 degrees.  The minimum angle of intersection shall be 75 degrees.

11.15.E.6.b.  Maximum Grade within 75 feet of intersection.  The maximum permissible grade within 75 feet of the intersection shall be 2%.

11.15.E.6.c.  Minimum Sight-Distance.  A minimum sight-distance must be provided according to Section 10.7.E. of this Zoning Ordinance.

11.15.E.6.d.  Distance from other intersections.  The centerline of any privately owned road within a mobile home park intersecting a public way adjacent to the mobile home park shall be no less than 125 feet from the centerline of any other street intersecting that public way.

11.15.E.7.   The application shall contain an estimate of the average daily traffic projected to be generated by the park Estimates of traffic generation shall be based on the TRIP GENERATION MANUAL, 1987 EDITION, published by the Institute of Transportation Engineers.  If the park is projected to  generate more than 400 vehicle trip ends per day, the application shall also include a traffic impact analysis by a registered professional engineer with experience in transportation engineering.

11.15.F.   Groundwater Impacts.

11.15.F.1.   Assessment Submitted.  Accompanying the application for approval of any mobile home park which is not served by public sewer shall be an analysis of the impacts of the proposed mobile home park on groundwater quality.  The hydrogeologic assessment shall be prepared by a Certified Geologist or Registered Professional Engineer experienced in hydrogeology and shall contain at least the following information:

11.15.F.1.a.  A map showing the basic soil types.

11.15.F.1.b.  The depth to the water table at representative points throughout the mobile home park.

11.15.F.1.c.  Drainage conditions throughout the mobile home park.

11.15.F.1.d.  Data on the existing groundwater quality, either from test wells in the mobile home park or from existing wells on neighboring properties.

11.15.F.1.e.  An analysis and evaluation of the effect of the mobile home park on groundwater resources.  The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park and at the mobile home park boundaries or at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance.  For mobile home parks within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.

11.15.F.1.f.  A map showing the location of any subsurface waste water disposal systems, drinking water wells, public water supplies and aquifers within the mobile home park and within 200 feet of the mobile home park boundaries.

11.15.F.2.  Standards for Acceptable Groundwater Impacts.

11.15.F.2.a.  Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

11.15.F.2.b.  No mobile home park may increases any contaminant concentration in the groundwater to more than one half of the Primary Drinking Water Standards.  No mobile home park may increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.

11.15.F.2.c.  If groundwater contains contaminants in excess of the secondary standards, the mobile home park shall not cause the concentration of the parameters in questions to exceed 150% of the ambient concentration.

11.15.F.3.   Subsurface waste water disposal systems and  drinking water wells shall be constructed as shown on the map submitted with the assessment.  If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the Plan.

11.15.F.4.   If the mobile home park is served by a central subsurface waste water disposal system, a second site with suitable soils must be shown as a reserve area for future replacement of the disposal area.

11.15.G.  No development or subdivision approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board and without meeting the then appropriate lot size, lot width, setback and other requirements.  The plan to be recorded at the Registry of deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:

11.15.G.1.   The land within the mobile home park shall remain  in a unified ownership and the fee-simple title to lots or portions of lots shall not be transferred.

11.15.G.2.  No dwelling unit other than a manufactured housing unit may be located within the park.

11.15.H.   If a mobile home park is to be located further than 1,000 feet from a fire department, approved fire pond or dry hydrant, storage of 10,000 gallons of water for fire fighting must be provided within the mobile home park.

11.15.I.    If the paved surface of the roads in the mobile home park is less than 24 feet wide, two (2) off-street parking spaces are to be provided for each mobile home.  These off-street parking spaces are to be at least 10 feet wide by 20 feet long.

11.15.J.   Outdoor storage of household waste is prohibited except in containers approved by the Planning Board.

11.15.K.   A plan for the maintenance and repair of improvements, including but not limited to the sewage disposal system, waste systems, roads, storm water management, utilities, solid waste collection and storage systems must accompany the application for approval of any mobile home park under this section.

11.15.L.   All improvements required by this section or by Article 13 - Land Development and Subdivision Standards - must be completed prior to the occupancy of any manufactured housing unit in the mobile home park.

11.16  Motels, Hotels and Inns. (words used interchangeably)
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All proposals to construct a motel, hotel or inn shall be in conformance with the general performance standards of Article 10 and the design requirements below.

11.16.A.   Design Requirements.  For traffic safety on and immediately adjoining each motel or hotel and to assure health, safety and welfare of motel/hotel occupants and of the neighborhood generally, the following land, space, building, traffic, utility and service design requirements shall be complied with:

11.16.A.1.   The lot for any motel shall contain not less than two acres of total area and not less than a two hundred (200) foot lot width at the street and throughout the first two hundred (200) feet of depth of said lot back from the street.

11.16.A.2.   No part of any building on a motel lot shall be closer than forty (40) feet to the front lot line, rear lot line or either side line of such lot.  A green space, not less than twenty (20) feet wide shall be maintained open and green with grass, bushes, flowers or trees all along each side lot except for entrance and exit driveways.  The green space shall not be used for automobile parking.

11.16.A.3.   Buildings on a motel lot shall not cover more than twenty five percent (25%) of the area of the lot.

11.16.A.4.   On each motel site, there shall be provided at least two motor vehicle driveways for customer use, preferably one-way each.  These driveways shall intersect the street or highway at an angle not more acute than sixty degrees and this intersection alignment shall prevail along fifty (50) feet of the driveway centerline from the edge of the street or highway pavement into the motel property.

11.16.A.5.   Motel driveways shall be separated from one another by not less than 125 feet distance along the street.   In addition to the two or more motel customers entrance and exitways required, one or more additional separate access way(s) for service vehicles and for emergency vehicle access may be required.

11.16.A.6.  Each of the above required motel driveways shall be level with the street for the first fifteen (15) feet inside the property from the street line and thereafter shall slope at a grade not exceeding three percent (3%) throughout the rest of the first one hundred (100) feet along the center-line of the driveway into the motel property from the street or highway line.

11.16.A.7.   The means of sewage disposal shall be shown on the plan.  Approval of the Department of Human Services of the sewage disposal plans shall be presented to the Planning Board.

11.16.A.8.  Cooking or eating facilities shall not be permitted in motel rental units.
 
11.16.A.9.   The applicant shall demonstrate that there is adequate water available on the site to provide for the domestic needs of the motel as well as for fire fighting purposes.  The Planning Board may require the construction of storage ponds and dry hydrants.

11.16.A.10.   Each motel structure shall contain not less than two hundred (200) square feet habitable floor area enclosed by walls and roof exclusive of any adjoining portions of roofed or covered walkways.  Each motel rental sleeping room shall not be less than twelve by fifteen feet horizontal dimensions exclusive of bath.  Each rental unit shall include private bathroom facilities.

11.16.A.11.   Each motel structure shall contain not less than five, nor more than ten individual motel rental units unless each section of ten units is separated from any additional  sections by an unbroken fire-wall.  Each motel structure may be connected with other similar structures by a covered walk-way if the walk-way is constructed of fire-resistive materials.  Whether or not so connected, the nearest parts of the walls or corners of such structure shall be separated by a land space, open and unbuilt on, of not less than thirty (30) feet and in which there shall be not automobile parking  or loading.

11.16.A.12.   On each motel lot, one apartment may be provided for a resident owner, manager or other responsible staff  person.

11.17 Multi-Family Dwellings.
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Multi-family dwellings shall meet all of the following standards as well as the general performance standards of Article 10.

11.17.A. The minimum lot area shall be as follows: The first unit is figured at the minimum lot standards stated in 9.6, table A, all additional units are figured at the reduced figure referred to in 9.6 table A for each additional dwelling unit, whether the units are in the same or separate buildings.

11.17.B.   Omitted.

11.17.C.   No buildings shall contain more than six (6) dwelling units.

11.17.D.   No parking area shall be located between the buildings and the street.  Nor shall any parking area be located within the required yard area setbacks.  Parking area design and the number of parking spaces shall be in compliance with Section 10.7 of this Ordinance.

11.17.E.   The applicant shall demonstrate the availability of sufficient water for domestic purposes as well as fire safety.

11.17.F.   All dwelling units in a multi-family building shall have a minimum habitable floor space of 600 square feet exclusive of balconies, stairways, hallways or other common space.

11.18  Road Construction within the Shoreland Zone.
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Roads shall be located, constructed and maintained in such a manner that minimal erosion hazard results.  Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters.  Additionally, all roads constructed within the shoreland zone shall conform with the following standards:

11.18.A.   Roads and driveways shall be set back at least one hundred (100) feet from the normal high-water line of Bonny Eagle Pond or Duck 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 unless no reasonable alternative exists as determined by the Planning Board.  If no reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body.  Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream or wetland.  On slopes of greater than twenty (20) percent, the road and/or driveway setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty (20) percent. This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline due to an operational necessity.

11.18.B.   Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.

11.18.C.  New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream or upland edge of a wetland.

11.18.D.   Road banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 10.3.

11.18.E.   Road grades shall be no greater than ten (10) percent except for short segments of less than two hundred (200) feet.

11.18.F.   In order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed and maintained to empty onto an unscarified buffer strip of at least fifty (50) feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream or upland edge of a wetland.  Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

11.18.G.   Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch.  To accomplish this, the following shall apply:

11.18.G.1.   Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:

Road Grade (Percentage)	Spacing (Feet)
0-2	250
3-5	200-135
6-10	100-80
11-15	80-60
16-20	60-45
21 +	40

11.18.G.2.   Drainage dips may be used in place of ditch relief culverts only where the road grade is ten (10) percent or less.

11.18.G.3.  On road sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road.

11.18.G.4.   Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.

11.18.H.   Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.

11.19  Outdoor Recreation Facility.
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Active Outdoor Recreation, Mechanized Outdoor Recreation and Passive Outdoor Recreation facilities may be established in those districts indicated on the Land Use Table in accordance with the provisions below:

11.19.A.   There will be adequate off-street parking provided for the anticipated maximum attendance at any event.

11.19.B.  Containers and facilities for rubbish collection and removal will be provided.

11.19.C.   Adequate screening, buffer areas or landscape provisions will be built, planted or maintained to protect adjacent residences from adverse noise, light, dust, smoke and visual impact.

11.19.D.   The proposed use will not create a traffic hazard.

11.20  Structures in the Shoreland Zone.
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11.20.A.   All new principal and accessory structures shall be set back at least one hundred (100) feet from the normal high-water line of Bonny Eagle Pond and Duck 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.  However, the water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

11.20.B.   The total area of all structures, parking lots and other non-vegetated surfaces within the Shoreland Zone shall not exceed twenty (20) percent of the lot or a portion thereof located within the Shoreland Zone including land area previously developed.

11.20.C.   Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer to provide shoreline access in areas of steep slopes or unstable soils provided that the structure is limited to a maximum of four (4) feet in width and that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, Section 480-C) and that the applicant demonstrates that no reasonable access alternative exists on the property. 

11.21  Individual Private Campsites in the Shoreland Zone.
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Individual private campsites not associated with campgrounds are permitted provided the following conditions are met:

11.21.A.   One campsite per lot existing on the effective date of this Ordinance or thirty thousand (30,000) square feet of a lot area within the Shoreland Zone, whichever is less, may be permitted.

11.21.B.   Campsite placement on any lot including the area intended for a recreational vehicle or tent platform shall be set back one hundred (100) feet from the normal high-water line of Bonny Eagle Pond or Duck 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.

11.21.C.    Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad and no structure(s) except canopies shall be attached to the recreational vehicle.

11.21.D.   The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand (1000) square feet.

11.21.E.   A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local Plumbing Inspector.  Where disposal is off-site, written authorization from the receiving facility or land owner is required.

11.21.F.   When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met including the installation of a subsurface sewage disposal system in compliance with the State Of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

11.22  Elderly and Low Income Housing.
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Elderly and Low Income housing projects shall meet all of the following standards as well as the general performance standards of Article 10:

11.22.A.    All parking areas, driveways and other areas subject to vehicular traffic shall be paved with bituminous asphalt, concrete or an equivalent surfacing over a gravel sub-base at least 6" in thickness and shall have appropriate bumper or wheel guards where needed.

11.22.B.    Only developments having a total site plan for structures will be considered.  Each building shall be an element of an overall plan for site development.  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.

11.22.C.    The Planning Board may require the construction of storage ponds and dry hydrants for fire protection purposes, and may require fencing.

11.22.D.   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.

11.22.E.      For Elderly Housing, each dwelling unit shall have not more than two (2) bedrooms.

11.22.F.  For Low Income Housing there shall be a 2 story limit on height, and 4 units per building, 5 buildings per development.

11.23   Accessory Dwelling Unit.
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When permitted, an Accessory Dwelling Unit must meet the following standards:

11.23.A.    The lot must be a legally conforming or grandfathered lot.

11.23.B.   The construction must be in compliance with all frontage and yard dimensions contained in Table A, Section 9.6 of the Buxton Zoning Ordinance.

11.23.C.   The use will not essentially alter the character or appearance of the property.

11.23.D.   The use is confined to expanding or altering existing residential dwellings or garages.

11.23.E.   The floor area of the alteration or expansion shall not exceed 500 square feet.

11.23.F.   Additional parking and turnaround space must be provided if needed.  On-street parking will not be permitted.  Driveways longer than 200 feet from the street must provide an adequate emergency vehicle turnaround.

11.23.G.   The use must provide for its wastewater disposal and be in accordance with the Maine Disposal Rules.

11.23.H.   The alteration or expansion must be in compliance with all state and local fire code safety standards.

11.23.I.     No open or enclosed outside stairways shall be permitted above the first story.

11.24   Spreading/Storage of Sludge and Septage.(6/97)
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The spreading and/or storage of sludge and septage within the Town of Buxton must meet the following standards:

11.24.A.   All activities shall be performed in accordance with the regulations and provisions in this Ordinance and the applicable DEP permit.  The applicant shall provide to the Code Enforcement Officer all reporting data required by the DEP at the time the permit is issued and all subsequent reports required by that state agency.  Any activity not performed in accordance with this Ordinance, and any applicable state standards shall constitute a violation of this Ordinance.

11.24.B.   The Code Enforcement Officer shall be notified 48 hours in advance of any septage or sludge spreading activity.

11.24.C.   Upon notification that land spreading of sludge will occur, the Code Enforcement Officer shall inspect the site before, during spreading and within 48 hours after spreading has occurred.  The Code Enforcement Officer shall maintain a record of each inspection.

11.24.E.   The Code Enforcement Officer shall inspect the site for compliance and shall notify in writing the permittee, the DEP and the landowner of any violation along with steps necessary to remedy the situation.

11.24.E.   The Code Enforcement Officer shall be permitted to inspect the activity during reasonable hours.

11.24.F.   Any land spreading of sludge or septage that is legally existing and operating with a permit from the DEP prior to the adoption of this section may continue, but shall become subject to the requirements of this section one year after the date of its adoption.

11.25 Wireless Telecommunications Facilities.
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Wireless Telecommunications facilities (herein after referred to as facilities) shall meet the following standards.

11.25.A. The applicant shall evaluate the use of co-location and shall demonstrate that they cannot provide adequate communication service utilizing any existing facilities.

11.25.B. The maximum height of any facility shall not exceed 199 feet.  The height of an antenna shall be included in the total height limitation as allowed for a facility.

11.25.C. The facility shall be set back from all property lines a minimum of 125% of the height of the facility.

11.25.D. The lot the facility will be constructed on must be a conforming lot in the district it is located in.

11.25.E. A visual impact analysis shall be prepared by a landscape architect or other qualified professional that quantifies the amount of visual impact to properties located within 500 feet and within 2,500 feet of the proposed facility.  This analysis will include recommendations to mitigate adverse visual impacts on such properties.  The Planning Board reserves the right to determine the color of the facility based on the visual impact survey recommendations.

11.25.F. The facility shall not be lighted unless mandated by the Federal Aviation Administration or other applicable State and Federal requirements. 

11.25.G.  The tower shall be constructed to the current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.” 

11.25.H. A security fence of not less than eight feet in height from the finished grade shall be provided around the facility, and any accessory structures.

11.25.I. Wireless Telecommunications facilities which have been abandoned or which have remained unused for a period of twelve (12) months shall be removed at the owners and/or former operator's expense.  The owner shall notify the Code Enforcement Officer on an annual basis regarding the status of the use of the facility within 30 days following the anniversary date of the conditional use approval.  The facility, any associated buildings used only for sheltering communications equipment and any fencing or other appurtenances shall be removed following inactivity over a period longer than twelve months. Upon notification the Code Enforcement Officer may grant approval to the owner to leave such structures in place with the expectation that use and operation will resume in the subsequent twelve-month period, with one twelve month extension allowed.

11.25.J. Prior to approval the applicant shall submit a “performance guarantee"(see Town of Buxton Zoning Ordinance, Section 8. 4) acceptable to the Town of Buxton in an amount and form acceptable to the Board of Selectmen sufficient to pay for the cost of the complete removal of the facility and site revegetation  The guarantee shall be made available to the Town upon finding, including adequate written notice to the applicant, that the facilities have not been used for a twelve month period. If the owner fails to show that the facility is in active operation, the owner shall have 60 days to remove the facility.  If the facility is not removed within this time period, the Town of Buxton may remove the facility at the owner's expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its pre-construction condition, including removal of roads and re-establishment of vegetation. The owner of the facility may apply to the Town for release of the surety when the facility and related equipment are removed to the satisfaction of the Code Enforcement Officer.

11.25.K. Not withstanding the foregoing, Wireless Telecommunications Facilities are a permitted use under the following conditions:

11.25.K.1   The placement of antennas and associated equipment onto an existing structure may be allowed when they are designed to be incorporated into the architecture of new or existing buildings or into the fabric of other man-made or natural structures or features so as to be inconspicuous when viewed from any point not on the host property.

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