This Ordinance and the accompanying Official Limestone Zoning Map shall be known as and may be cited as the "Zoning Ordinance for the Town of Limestone."
This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution, the provisions of Title 30-A, MRSA Section 3001 (Home Rule), Title 22 MRSA 2642 (Protection of Drinking Water Supplies), and the State's Growth Management Law, Title 30-A MRSA, Sections 4311 et. Seq: as may be amended.
The purpose of this Ordinance is to:
A. protect the health, safety, and general welfare of the residents of the Town of Limestone;
B. encourage appropriate use of land throughout the town;
C. promote traffic safety;
D. provide safety from fire and other elements;
E. provide adequate light and air;
F. prevent overcrowding of real estate;
G. prevent housing development in unsuitable areas;
H. provide an allotment of land area in new developments sufficient for all the requirements of community life;
I. conserve natural resources and town character;
J. provide for adequate public services as an integral part of a comprehensive plan for town development;
K. protect archaeological and historic resources, freshwater wetlands, fish spawning grounds, aquatic life, bird and other wildlife habitat, and buildings and lands from flooding and accelerated erosion;
L. conserve shore cover, natural beauty and open space, and visual as well as actual points of access to inland waters;
M. prevent and control water pollution; and
The provisions of this Ordinance shall govern all land and all structures within the boundaries of the Town of Limestone.
1.5 Conflict with Other Laws
Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation, or statute, the provision imposing the greater restriction upon the use of land, buildings, or structures shall control.
Should any section or part of a section or any provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
1.7 Repeal of Prior Ordinances
All prior Zoning Ordinances are repealed as of the effective date of this Ordinance.
1.8 Effective Date
This Ordinance shall take effect and be in force from the date of its adoption.
A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted.
1.10 Administration and Enforcement.
This Ordinance shall be administered by the Planning Board or the Code Enforcement Officer, as indicated within, and shall be enforced by the Code Enforcement Officer.
Section 2 Official Limestone Zoning Map
2.1 Official Limestone Zoning Map
Districts are located and bounded as shown on the Official Limestone Zoning Map which is a made a part of this Ordinance. There may for purpose of clarity, necessitate by reasons of scale on the map, be more than one Official Limestone Zoning Map. The minimum scale for the Official Limestone Zoning Map shall be no less than 1 inch = 2000 feet.
2.2 Certification of Zoning Map
The Official Limestone Zoning Map is certified by the attested signature of the Town Clerk under the following words: "This is the Official Limestone Zoning Map referred to in Article II, Section 3.2 of the Zoning Ordinance of the Town of Limestone," together with the date of the adoption of this Ordinance. The official copy shall be located in the office of the Town Clerk.
2.3 Changes of the Official Limestone Zoning Map
If changes are made in the district boundaries, or other matter portrayed on the Official Limestone Zoning Map, such changes shall be made on the Official Limestone Zoning Map within 14 days after the amendment has been adopted together with an entry on the Official Limestone Zoning Map as follows:
"On by official action of the Town, the following change(s) was (were) made: (insert brief description of the nature of change)." Immediately beneath the entry the Town Clerk shall place their signature.
2.4 Replacement of Official Limestone Zoning Map
In the event that the Official Limestone Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the town's legislative body shall adopt a new Official Limestone Zoning Map.
Limestone Townwide Zoning Map
Limestone Urban Zoning Map
Section 3 Establishment of Districts
3.1 Zoning Districts
A. For the purposes of this Ordinance, Limestone is hereby divided into the following Zoning Districts:
1. Residential 1 R-1
2. Residential 2 R-2
3. Residential 3 R-3
4. Residential 4 R-4
5. Rural Residential RR
6. General Business GB
7. Industrial I-1
8. Accident Potential AP
9. Wellhead Protection
Zone 1 Immediate Recharge Area
Zone 2 Primary Recharge Area
B. Overlay Districts
For the purposes of this Ordinance, Limestone hereby has Special Protection Overlay Districts which include the sand and gravel aquifers.
3.2 District Descriptions
A. Residential-1 (R-1)
The Residential-1 District is established as a district primarily for single-family and two-family dwellings along with home occupations, educational, recreational and religious, fraternal and non-profit organization or club facilities. The development of attractive neighborhood living will be encouraged. Areas where similar residential future growth appear possible are included in the Residential-1 District.
B. Residential-2 (R-2)
The Residential-2 District is established as a district for primarily single-family and two-family dwellings and multi-family dwellings along with home occupations, educational, recreational and religious, fraternal and non-profit organization or club facilities. The development of attractive neighborhood living will be encouraged. Areas where similar residential future growth appear possible are included in the Residential-2 District.
C. Residential-3 (R-3)
The Residential-3 District is established as a district primarily for single-family and two-family dwellings, multi-family dwellings, cluster development, and mobile homes along with home occupations, educational, recreational and religious, fraternal and non-profit organization or club facilities. The development of attractive neighborhood living will be encouraged. Areas where similar residential future growth appear possible are included in the Residential-3 District.
D. Residential-4 (R-4)
The Residential-4 District is established as a district primarily for single-family and two family dwellings, multi-family dwellings, cluster development, mobile homes, and mobile home parks along with home occupations, educational, recreational and religious, fraternal and non-profit organization or club facilities. The development of attractive neighborhood living will be encouraged. Areas where similar residential future growth appear possible are included in the Residential-4 District.
E. Rural Residential (RR)
The Rural Residential District is established as a district for the area outside of the urban line. A minimum lot size requirement of two (2) acres has been established so as to prevent over development where public sewers are not available. The District is established as a zoning district whereby the principal use of the land is for agriculture, forestry, rural type residence, and customary associated uses. Included in this district are certain uses unsuited to the more densely developed urbanized portions of the Town. Large lots with ample space between buildings are required as a means of reducing traffic congestion, fire hazards, and to provide sufficient area for safe location of both private water supply and septic tank disposal systems on the same lot. Other purposes of this district include conservation of natural resources, reduction of soil erosion, and encouragement of appropriate recreational land use.
F. General Business (GB)
The General Business District is established as a district primarily for commercial use to which the public requires easy and frequent access. Centrally located in the urban area, the General Business District is intended to encourage the concentration of commercial development to the mutual advantage of customer and merchants.
G. Industrial (I-1)
The Industrial District is established as a district to provide land which is conveniently located with respect to transportation and municipal services and where other conditions are favorable to the development of industry and which, at the same time, is so located as to prevent undesirable conflict with residential and commercial uses.
H. Accident Potential (AP)
The Accident Potential District is established as an overlay district to protect the residents, the Town, and the airport from adverse developmental effects, and, to regulate large concentrations of people. To this end no new building or premises shall be used and no new building or structure shall be erected which is intended in whole or in part for any use until it has been reviewed by the Planning Board. No new commercial or residential construction shall occur unless: 1. the circumstances prevent a person from locating elsewhere without undue hardship, and 2. the person takes the risk knowingly and their decision is recorded in town records.
I. Wellhead Protection
A. The Wellhead Protection Area consists of two (2) zones that are shown on the official Town of Limestone Zoning Map or official Wellhead Protection Area Map. The two zones are defined as:
1. Zone 1: Immediate Recharge Area. This area is delineated by the 200-day time of travel boundary developed by the Maine Geological Survey. Ground water within the Immediate Recharge Area is expected to appear at the District wells within 200 days. This boundary was developed through data gathered on site and computer modeling, and is consistent with Maine Drinking Water Program policy.
2. Zone 2: Primary Recharge Area. This area is delineated by the 2,500-day time of travel boundary developed by the Maine Geological Survey. Ground water within the Primary Recharge Area is expected to appear at the District wells within 2,500 days. This boundary was developed through data gathered on site and computer modeling, and is consistent with Maine Drinking Water Program policy.
1. Where uncertainty as to the boundaries of districts as shown on the Official Limestone Zoning Map or Wellhead Protection Map, the following rules shall apply:
2. Boundaries indicated as approximately following the center lines of streets, highways, alleys, railroad rights-of-way, rivers, or streams shall be construed to follow such center lines.
3. Boundaries indicated as approximately platted lot lines shall be construed as following such lot lines.
4. Boundaries indicated as approximately following Town limits shall be construed as following such limits.
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
6. Sources for the exact delineation of the Wellhead Protection Zones shall be the State of Maine Geological Survey study and the State of Maine Drinking Water Program.
7. Boundaries indicated parallel to or extension of features indicated in B.1 through B.6, above, shall be construed as being parallel to or extensions of such features. Distances not specifically indicated on the Official Wellhead Protection Map shall be determined by the scale of the map.
8. Where physical or cultural features existing on the ground are at variance with those shown on the Official Wellhead Protection Map, or other circumstances, the Board of Appeals and the Limestone Water District shall interpret the district boundaries.
9. When a lot of record is divided by either the Zone 1 or Zone 2 boundary, the following rules shall apply:
a. On lots of two (2) acres or less in area, the lot shall be used as if the entire log were in the Zone which comprises the larger portion.
b. On lots larger than two (2) acres, the Zone regulation shall be followed in each portion.
J. Special Protection Overlay Districts
The following overlay Districts are intended to maintain safe and healthful environmental conditions; prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitats; control building sites; provide visual and physical points of access to waters and areas of natural beauty; and to protect and maintain the quality of surface and ground waters.
The overlay District shall be superimposed over underlying District and land uses are subject to both the standards in the underlying and the overlay District.
1. Sand and Gravel Aquifer Overlay District
a. This District includes sand and gravel aquifers, as identified on the Maine DEP Sand and Gravel Aquifer map No. 77, latest edition, as well as, a 500' buffer drawn around the known boundaries of these aquifers (buffers shall be updated as the aquifer mapping is updated).
b. No underground fuel or chemical tank or other buried toxic or hazardous materials shall be permitted on the aquifer or within the 500' buffer.
c. No new automobile service station shall be permitted on the aquifer or within the 500' buffer.
d. All future agricultural land uses for chicken farms, cattle farms, horse farms, egg farms, piggeries, sheep farms, stables, crop farming, and other agricultural uses shall be subject to the approval of the Planning Board. Such approval shall be granted upon showing that such uses shall not cause groundwater contamination, or contaminate or disturb the normal course of surface water run-off.
e. Where land abutting a water body is not covered by the town's Shoreland Zoning Ordinance or other applicable local, state, or federal regulation equal to or less restrictive in standards to this Article, a untilled agricultural buffer strip of 50 feet wide shall be retained between the tilled area and the normal high line of the waterbody or tributary stream.
3.3 Rules Governing District Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Limestone Zoning Map the following rules shall apply.
A. Boundaries indicated as approximately following the center lines of streets, highways, alleys, railroad rights-of-way, rivers, or streams shall be construed to follow such center lines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. Boundaries indicated as approximately following Town limits shall be construed as following such limits.
D. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
E. Sources for the exact delineation of the Special Flood Hazard areas shall be the Limestone Flood Insurance Map.
F. Sources for the exact delineation of the Aquifer Protection District shall be the latest edition of the Maine Geological Survey "Hydrogeologic Data for Significant Sand and Gravel Aquifers, Map # 77", as amended.
G. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D above shall be construed as being parallel to or extensions of such features. Distances not specifically indicated on the Official Limestone Zoning Map shall be determined by the scale of the map.
H. Where physical or cultural features existing on the ground are at variance with those shown on the Official Limestone Zoning Map, or other circumstances not covered by subsections A through G above, the Board of Appeals shall interpret the district boundaries.
3.4 Lots Divided by District Boundaries
When a lot of record is divided by a use district zoning boundary, other than the boundary to an overlay zone, the following rules shall apply:
A. On lots of two (2) acres or less in area, the lot shall be used as if the entire lot were in the district which comprises the larger portion.
B. On lots larger than two (2) acres, the district regulations shall be followed in each portion.
Section 4 District Regulations
4.1 Basic Requirement
Permitted uses and uses requiring Site Design Review in all districts shall conform to all applicable specifications and requirements. A Plumbing Permit, Building Permit, and/or Certificate of Occupancy shall be required for all buildings, uses of land and buildings, and sanitary facilities, according to the provisions of this Ordinance.
4.2 Land Use Requirements
Except as hereinafter specified, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, or altered and no new lot shall be created unless in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.
4.3 District Regulations
Land uses permitted/not permitted, in conformance with the provisions of Sections 7, 8, 9, and 10, where appropriate, are shown in the following table.
YES Permitted Use
NO Not Permitted
PB Planning Board Review
CEO Code Enforcement Officer Review and Permit
LPI Local Plumbing Inspector Review and Permit
X Footnotes (i.e.: additional requirements)
Land Use Chart
4.4 Dimensional Requirements
Lots and structures in all districts, with the exception of mobile home park lots as noted in Section 8.2, herein, shall meet or exceed the following minimum requirements. Height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills, or similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than its height.
Dimensional Requirements Schedule
Section 5 Non-Conformance
A. Continuance, Enlargement, Reconstruction: Any non-conforming use or non-conforming structure may continue to exist but may not be extended, reconstructed, enlarged, or structurally altered except as specified below.
B. Transfer of Ownership: Non-conforming structures, non-conforming lots of record, and non-conforming uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.
C. Restoration or Replacement: This Ordinance allows the normal upkeep and maintenance of non-conforming uses and structures; repairs, renovations, or modernizations which do not involve expansion of the non-conforming use or structure and the value of which is less than 25% of the market value of the structure before the repair is started; and such other changes in a non-conforming use or structure as Federal, State, or local building and safety codes may require. Any non-conforming use or structure which is hereafter damaged or destroyed by fire or any cause other than the willful act of the owner or their agent, may be restored or reconstructed within one (1) year of the date of said damage or destruction, provided that:
1. The non-conforming dimensions of any restored or reconstructed structure shall not exceed the non-conforming dimensions of the structure it replaces;
2. Any non-conforming structure shall not be enlarged except in conformity with this Ordinance and the Maine State Subsurface Wastewater Disposal Rules; and
3. Any non-conforming use shall not be expanded in area.
Nothing in this section shall prevent the demolition of the remains of any building so damaged or destroyed.
5.2 Non-Conforming Use
A. Resumption Prohibited: A lot, building, or structure in or on which a non-conforming use is discontinued for a period exceeding one (1) year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use, even if the owner has not intended to abandon the use.
B. A Structure Non-Conforming As To Use: Except for single-family dwellings, a building or structure, non-conforming as to use, shall not be enlarged unless the non-conforming use is terminated. Except in a Resource Protection district, single family dwellings, which are non-conforming uses, may be enlarged as long as the dimensional requirements of the district in which they are located are met. A non-conforming use or part of a building or structure shall not be extended throughout other parts of the building or structure unless those parts of the building or structure were manifestly arranged or designed for such use prior to the adoption of this Ordinance, or of any amendment making such use non-conforming.
C. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use is equally or more appropriate to the district than the existing non-conforming use, and the impact on adjacent properties is less adverse than the impact of the former use as determined by the Board of Appeals. The case shall be heard as an administrative appeal. The determination of appropriateness shall require written findings on the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors, or other nuisances likely to result from such change of use. The Performance Standards in Section 7 and the Specific Activities in Section 8 of this Ordinance shall apply to such requests to establish new non-conforming uses.
D. Use of Land: A non-conforming use of land may not be extended into any part of the remainder of a lot of land. A non-conforming use of land which is accessory to a non-conforming use of a building shall be discontinued at the same time the non-conforming use of the building is discontinued.
In the case of earth removal operations, the removal of earth may not be extended as a non-conforming use beyond the required set-back lines of the specific parcel upon which such operations were in progress when such use became non-conforming, as required by the performance standards for extractive industries. Adjacent parcels in the same or different ownership shall not be eligible for exemption under the non-conforming use provisions unless earth removal operations were in progress on these parcels before these provisions were enacted.
The provision of required off-street parking for an existing non-conforming use shall not be considered the expansion of the use.
5.3 Non-Conforming Structures
Pertaining to dimensional requirements. Applications regarding non-conforming use shall be reviewed under the provisions above.
A. Enlargements Controlled: A non-conforming structure shall not be added to or enlarged unless: such addition or enlargement conforms to all the regulations of the district in which it is located; the addition does not increase the non-conformity of the structure; or a variance is obtained. In addition, state laws must be adhered to.
1. The addition of an open patio with no structures elevated above ground level shall not constitute the expansion of a non-conforming structure. The addition of steps or the enclosure of an existing deck shall not constitute the expansion of a non-conforming structure. But, the addition of a deck shall constitute the expansion of a non-conforming structure and shall meet all the dimensional requirements of this Ordinance.
2. The placing of a foundation below a lawfully existing non-conforming structure shall not constitute the expansion of the structure so long as the first floor space of the structure is not increased. In shoreland areas, the foundation cannot cause the structure to be elevated by more than three (3) additional feet.
3. Construction or expansion of a foundation under an existing dwelling which expands habitable space shall be considered an expansion and shall be subject to the State Plumbing Laws (Title 30, Maine Revised Statutes Annotated, S3221, Subsection 4) requiring documentation of waste water disposal capabilities.
4. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during the lifetime of the structure.
B. Discontinuance: Discontinuance of the use of a legally existing non-conforming structure shall not constitute abandonment of the structure. Conforming use of the structure may be commenced at any time.
C. Lack of Required Parking or Loading Space: A building or structure which is non-conforming as to the requirements for off-street parking and/or loading space shall not be enlarged, added to, or altered unless off-street parking and/or loading space is provided to bring parking and/or loading space into conformance with the requirements of this Ordinance for both the addition or alteration and for the original building or structure, or a variance is obtained.
5.4 Non-Conforming Lots of Record
A. Vacant Lots: A vacant non-conforming lot may be built upon provided that such lot is in separate ownership and not contiguous with any other vacant lot in the same ownership, and that all provisions of this Ordinance except lot size and frontage can be met. Variance of setback or other requirements not involving area or width shall be obtained only by action of the Board of Appeals.
B. Built Lots: A non-conforming lot that was built upon prior to the enactment or subsequent amendment of this Ordinance is subject to the following restrictions. The structure(s) may be repaired, maintained, or improved, and may be enlarged in conformity with all dimensional requirements of this Ordinance except lot area, lot width, or lot frontage. If the proposed enlargement of the structure(s) cannot meet the dimensional requirements of this Ordinance a variance shall be obtained from the Board of Appeals.
C. Contiguous Built Lots: If two (2) or more contiguous lots or parcels are in single or joint ownership of record at the time of adoption of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principle use exists on each lot, the non-conforming lots may be conveyed separately or together, providing the State Minimum Lot Size Law and Subsurface Waste water Disposal Rules are complied with. If two (2) or more principal uses existed on a single lot of record on the effective date of this Ordinance, each may be sold on a separate lot.
D. Contiguous Lots - Vacant or Partially Built: If two (2) or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, if either or both of those lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if two (2) or more of the lots are vacant or contain only an accessory structure, the lots shall be combined to the extent necessary to meet the dimensional standards, except where rights have vested, or the lots have frontage on parallel streets and state laws are complied with.
5.5 Vested Rights
Non-conforming use rights cannot arise by the mere filing of a notice of intent to build, an application for permit, or an application for required state permits and approvals. Such rights arise when substantial construction of structures and development infrastructure improvements for town approved developments began prior to or within twelve (12) months of the adoption of this Ordinance, or in the case of pending applications when substantial review of an application has commenced. Such construction must be legal at the time it is commenced and the owner must be in possession of an in compliance with all validly issued permits, both state and local.
Section 6 Performance Standards
The following standards shall apply to all uses, both permitted and those requiring Site Design Review, as appropriate in the various Districts. These standards are intended to clarify plan requirements and provide guidance. In reviewing a proposed development, the CEO or Planning Board, whomever conducts the review, shall review the application for conformance to the applicable standards and make findings of fact for each prior to approval of the final plan. The burden of proof of conformance to an applicable standard is with the applicant, who shall provide clear and convincing evidence that the final plan meets the standard.
6.1 Access to Lots
No permit shall be issued to erect any structure on a lot without frontage on a public way unless an access road meeting the following criteria has been constructed within a deeded right-of-way having a minimum width of fifty (50) feet. The access road shall be constructed to a minimum width of twelve (12) feet if serving one dwelling unit, and fifteen (15) feet if serving two (2) dwelling units. The access road shall contain a minimum depth of fifteen (15) inches of bank-run gravel and have drainage ditches and culverts at all appropriate points. Such an access road shall serve no more than two (2) dwelling units. Any access road serving between three (3) and eight (8) dwelling units shall meet the road design and construction standards contained in Article II, Section 9.9, Site Design Review, but need not be paved. Any access road serving more than eight (8) dwelling units shall meet the road design and construction standards contained in Article II, Section 9.9, Site Design Review.
6.2 Agriculture Activities
All agricultural activities shall meet the following standards.
A. All spreading or disposal of manure shall be accomplished in conformance with the “Manure Utilization Guidelines” published by the Maine Department of Agriculture Food and Rural Resources in March 2001 or subsequent revisions thereof.
B. There shall be no tilling of soil within 50 feet of the normal high water line of any water body.
6.3 Air Emissions
No emissions of dust, ash, smoke, or other particulate matter which can cause damage to human or animal health, vegetation, or property by reason of concentration or toxicity, which can cause soiling beyond the property boundaries, or which is composed of solid or liquid particles in concentrations exceeding those specified in Title 38 MRSA Sections 100-136 of the conveying gas or air at the point of emission from a chimney stack is permitted. The emission of non-farming, odorous matter in such quantities, as determined by the CEO, to be offensive at the lot boundaries is prohibited. As a guide for determining quantities of offensive odors the CEO shall refer to the smallest values designated in Title 38 MRSA Sections 100-136 which is hereby incorporated in and made a part of this section by reference.
6.4 Animal Husbandry
Where permitted animal husbandry shall meet the following standards:
A. Uncovered manure shall be kept 150 feet from the nearest dwelling and 300 feet from any well, other than the applicant's, and from any body of water.
B. All paddocks, pastures, barnyards, or other enclosures must be adequately fenced to contain livestock, animals, or fowl.
6.5 Automobile Graveyards and Junkyards
1. This section of the Ordinance shall be administered by the Planning Board. No automobile graveyard or junkyard permit shall be issued unless the provisions of this Ordinance are complied with. The Planning Board may attach reasonable conditions to any permit issued to insure compliance with the performance standards and other requirements of this Ordinance.
2. Permits shall be renewed annually to remain valid and expire on December 31st of each year. Once the site design is approved it does not have to be resubmitted unless there are to be changes to the site. The town officers shall annually inspect, or cause to be inspected, the site to ensure that the provisions of this Ordinance and state law are complied with.
3. An annual fee established by the town of $50 shall be submitted with the permit application, plus the cost of posting and publishing the notice of public hearing required below.
4. The town may require than an escrow account of $500 be established by the applicant in the name of the "Town" for the purposes of obtaining independent verification of application data, if necessary. If the balance in the account shall be drawn down by 75%, the town shall notify the applicant and require that the account balance be reestablished by the applicant to the escrow account's indicated amount. The town shall continue to notify the applicant and require additional payments into the account, as necessary. Any balance remaining in the account after final determination has been made, shall be returned to the applicant.
5. Upon receipt of a final application, the Planning Board shall hold a public hearing in accordance with Title 30-A, MRSA, Section 3754.
This section of the Ordinance shall apply to the zoning districts where automobile graveyards and junkyards are permitted. Automobile graveyards and junkyards area prohibited in the remaining districts.
C. Requirements for New Automobile Graveyards and Junkyards
1. Permit Required: No person may establish, operate, or maintain an automobile graveyard or junkyard without first obtaining a nontransferable permit from the Planning Board. At the time of filing an application for a permit under this Ordinance, the applicant shall present either a permit from the Maine Department of Environmental Protection (DEP) or a letter from the DEP stating that a permit is not required.
2. Submission Requirements: Any application for an automobile graveyard or junkyard permit shall contain the following information:
a. The applicant shall submit a site design drawn to a scale not to exceed 1"=100', on which is shown:
1. the boundary lines of the property;
2. the exact location of any existing and proposed junkyard or automobile graveyard and their distances to nearby roads and property lines;
3. the soils as reflected from a high intensity soils survey;
4. the location of on-site septic system(s) and drinking water supplies;
5. topographic contours at intervals of 10';
6. the location of any sand and gravel aquifer or aquifer recharge area, as mapped by the Maine Geological Survey, or a licensed geologist;
7. the location of any residences, schools, churches, cemeteries, public parks, beaches, and playgrounds within 500 feet of the area where cars or junk will be placed;
8. the location of any waterbodies or inland wetlands areas on the property and/or within 200 feet of the property lines;
9. the boundaries of any 100-year floodplain; and
10. the location of all roads within 1000' of the site.
b. The names and addresses of all abutting or impacted property owners, as determined by the Planning Board.
c. The name(s) and address(es) of the person(s) or entity(ies) who will operate the site.
d. The height and material used in any existing and proposed screening.
D. Performance Standards for all Automobile Graveyards and Junkyards
The following performance standards shall be required of all automobile graveyards and junkyards:
1. The junkyard or automobile graveyard must be screened from ordinary view from any road, as required by statute. The site of the automobile graveyard or junkyard shall have an effective visual screen no less than six (6) feet in height, and be built in accordance to the Maine Department of Transportation's rules issued pursuant to Title 30-A, MRSA, Section 3759. A plan for visual screening shall be submitted to the Planning Board for approval in conjunction with the application for a permit.
2. No vehicle or junk shall be stored within 300 feet of any waterbody or inland wetland.
3. No vehicle or junk shall be stored within 500 feet of any (residences), private well, school, church, cemetery, public playground, public beach, or public park.
4. No vehicles or junk shall be stored over a sand and gravel aquifer or aquifer recharge area as mapped by the Maine Geological Survey or by a licensed geologist.
5. No vehicles or junk shall be stored within the 100-year flood plain.
6. Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid, and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable Federal and State laws, rules, and regulations regarding disposal of waste oil and hazardous materials. No discharge of any fluids from any motor vehicle or junk shall be permitted into or onto the ground.
7. There will be no disposal or release to the environment of any solid, special, or hazardous wastes;
8. There will be no open burning of any substances;
9. All vehicles or junk shall be located no closer than 100 feet from all property lines.
10. To reduce noise, all dismantling, crushing, and other activities shall be done between 7 am and 9 PM, Mondays through Saturdays.
11. All federal and state hazardous waste laws and regulations shall be complied with.
12. In all instances the burden of proof shall be upon the applicant for the permit.
13. Any automobile graveyard or junkyard in existence on the date of adoption this Ordinance, may remain in operation on the current parcel of land, providing it meets all pertinent statutory and Ordinance requirements.
14. Any automobile graveyard or junkyard shall not expand unless all statutory and requirements of this Ordinance are met.
6.6 Bed & Breakfast
A. There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling unit.
B. There shall be a minimum of one bathroom provided for the dwelling unit.
C. Each rental room shall be equipped with an approved smoke detector.
6.7 Campgrounds and Tenting Grounds
Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following (in cases of possible conflict, the stricter rule shall apply):
1. A campground must be constructed on at least 10 acres of land, and all camping units or structures shall be located at least 100 feet from any property line and 200 feet from any resident (except residences belonging to the campground owners).
2. Campsites shall be laid out and 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.
3. No trailers other than recreational vehicles or utility trailers as defined herein, 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.
4. Tent sites and sites for recreational vehicles (RV's) shall be laid out so that the density of 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 land area per site.
Non-Shoreland Shoreland Areas
Tent sites 14 per acre 8 per acre
RV sites 11 per acre 7 per acre
5. The minimum frontage of a campsite along any shoreline of a waterbody shall be 100 feet. The minimum setback from the normal high-water line shall be 100 feet for all recreational vehicles, tents, or other vehicles and temporary or permanent structures.
6. No campsite shall be located within a Resource Protections District or within the 100 year floor plain.
B. Parking and Circulation
1. A minimum of three hundred (300) square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent, or shelter site. Recreational vehicles shall be parked in spaces so that:
a. there shall be a minimum of 50 feet between vehicles; and
b. there shall be a minimum of 75 feet between all recreational vehicles and tents, and all public rights-of-way located inside the boundaries of the campground.
2. Vehicular access shall be provided onto a hard-surfaced adequate for the volume and type of traffic likely to be generated. Grades and sight distances specified in Article II, Section 9.9, Site Design Review, herein, shall be observed in designing all intersections. Roads shall be constructed of at least 12" of bank-run gravel (no stone larger than 4"), 2" of crushed gravel (1/2" chips) and two (2) applications of liquid asphalt (1/2 gallon per sq. yd. each application). The minimum width of roadways shall be twelve feet for one-way roads and 22' for two-way roads. No vehicle parking shall be permitted on the roadway.
C. Health and Safety
1. Each recreational vehicle, tent, or shelter site shall be provided with a picnic table and trash receptacle. The park management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once every three (3) days.
2. A campground shall provide water and sewerage systems, sanitary stations, and convenience facilities in accordance with the regulations of the State Wastewater Disposal Rules. In no case shall less than one toilet and lavatory 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, and connected to approved distribution or disposal systems.
3. Fire extinguishers capable of dealing with 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. 24-hour emergency communication service (e.g. telephones) shall be provided.
D. Planning and Review
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:
a. A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry, playing fields, or shoreline.
b. Campsites should be clustered in groups according to intensity of us (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility, and preserve open space.
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.
d. Access roads shall be laid out as loops to the greatest extent practicable, although "cul-de-sacs" or "dead-ends" may be allowed to serve up to twenty campsites.
2. A soil erosion and sedimentation control plan approved by the County Soil and Water Conservation District shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:
a. The major types of vegetation should be identified and described (as to age, height, openness or density, and pattern, either natural or reforested).
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.
c. All vegetative clearing should avoid creating straight line edges between open land and surviving stands.
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).
6.8 Clearing of Trees
The clearing of trees and conversion to other vegetation is permitted for approved construction and landscaping. Where such clearing extends to the shoreline a cleared opening or openings not greater than 30 feet in width along every 100 feet of shoreline (measured along the normal high water line) may be created in the buffer strip extending 75 feet inland from the normal high water line and paralleling the shoreline. Such cleared opening(s) is permitted provided that a clear line of sight through the buffer strip to the water is not created. Where natural vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty within the buffer strip. No clearing of trees or conversion to other vegetation shall be permitted except within compliance with the timber harvesting provisions of this Ordinance.
6.9 Driveway Design
A. Existing Driveways
Driveways existing at the time of the adoption of this Ordinance shall be considered non-conforming accessory structures and subject to review by Article II, Section 5, Non-Conformance.
B. New Driveways
Proposed new driveways shall meet the standards contained in Article II, Section 9, Site Design Review.
6.10 Electro-Magnetic Interference
No use, activity, or process shall be conducted which produces electro-magnetic interference in the transmission or reception of electrical impulses beyond the lot lines, including radio and television. In all cases federal, state, and local requirements shall be met. Violation of this standard shall be considered a nuisance.
Lighting may be used which serves security, safety, and operational needs, but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings. Direct or indirect illumination shall not exceed 0.5 foot-candles upon abutting residential properties.
6.12 Home Occupations
A. The use of a dwelling unit or property for a home occupation shall be clearly incidental to and compatible with the residential use of the property and surrounding residential uses.
B. There shall be no change in the outside appearance of the building or premise that shall cause the premise to differ from its residential character by use of colors, materials, construction, lighting, signs, sounds, or noises.
C. Exterior storage of materials and any other exterior evidence of home occupation shall be located and screened so as not to detract from the residential character of the principal building.
D. Exterior display shall be limited to no more than two (2) single items representative of products sold or manufactured on premises, regardless of the number of articles which are sold or manufactured.
E. The following requirements shall be satisfactorily demonstrated to the Planning Board and the Code Enforcement Officer before a permit is issued:
1. The home occupation shall employ no more than two (2) persons other than family members residing in the residence.
2. The home occupation shall be carried on wholly within the principal or accessory structure.
3. The home occupation shall not occupy more than 35% of the total floor area of the structure (excluding basement floor area), whichever is less.
4. Objectionable noise, vibrations, smoke, dust, electrical disturbance, odors, heat, glare, or other nuisance shall not be permitted.
5. The Performance and Technical Standards of this Ordinance shall apply.
6. In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles for the maximum number of users the home occupation may attract during the peak operational hours. If additional parking spaces are to be provided, they should be located to the rear or side yard of the principal structure, but not within the required yard setbacks.
7. No traffic shall be generated by such home occupation in a volume greater than would normally be expected during the peak hour.
8. The sale of products shall be limited to normal business hours and to those items which are crafted, assembled, or substantially altered on the premises, to catalog items ordered off the premises by customers, and to items which are accessory and incidental to a service which is provided on the premises.
9. Signs shall be permitted and must meet the performance standards for "Signs" in this Ordinance.
10. The home occupation shall not use utilities beyond that normal for residential properties.
11. The home occupation shall not involve the use of heavy commercial vehicles for delivery from or to the premises.
F. Should all of the above conditions not be maintained on a continual basis once the permit has been issued, the Planning Board, upon the advice of the Code Enforcement Officer, shall schedule a public hearing to determine whether the permit should be rescinded.
G. All other applicable Performance and Technical standards of this Ordinance shall also be observed.
6.13 Hotels/Motels and Inns
For traffic safety on and immediately adjoining each motel, hotel, or inn and to assure health, safety, and welfare of occupants and of the neighborhood generally, the following land, space, building, traffic, utility, and service design requirements shall be complied with. For the purposes of this section, the terms hotel, motel, and inn are used interchangeably.
A. 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 line, the rear lot line, the front line of such lot, except for entrance and exit driveways. The green space shall not be used for automobile parking.
B. If cooking or eating facilities are provided in hotel rental units, each rental unit shall be considered a dwelling unit and the hotel shall be required to meet all the standards for multifamily developments in this Ordinance, including the residential density requirements of the appropriate district.
C. Each motel rental unit shall contain not less than two hundred (200) square feet of 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 (12X15) feet horizontal dimensions, exclusive of bath. Each rental unit shall include private bathroom facilities.
D. On each hotel lot, one apartment may be provided for a resident owner, manager, or other responsible staff person.
E. Hotel building construction plans shall be reviewed and approved by the Fire Chief.
F. Recreational vehicle parking stalls shall be designed to accommodate the traveling public with a minimum stall width of eleven (11) feet and stall depth of twenty-three (23) feet. Angled parking stall width and depths shall be increased by 10% and 25% above the parking standards contained in this Ordinance.
G. All hotels shall be connected to the public sewer and water systems. Any hotel proposed for development in a non-sewered and watered area within 500' of an existing public water and sewer system shall connect to the existing system.
H. No building shall be closer than fifty (50) feet from a property line.
I. All other relevant Performance and Technical standards of this Ordinance shall also be observed.
6.14 Kennels and Veterinary Hospitals
A. Structures or pens for housing or containing the animals shall be located not less than one hundred (100) feet from the nearest residence, other than the owners', existing at the time of permit.
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.
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 a manner that they will not provide a breeding place for insects, vermin, or rodents.
D. Temporary storage containers for any kennel, or veterinary wastes containing or including animal excrement, shall be kept tightly covered at all times, and empties no less frequently than once every four (4) 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.
E. 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.
F. Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 400 feet from nearest residence other than the applicants, and shall have a chimney vent not less than 35 feet above the average ground elevation. The applicant shall also provide evidence that they have 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.
G. All other relevant performance and technical standards of this Ordinance shall also be observed.
The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes in keeping with the general appearance of neighboring developed areas. Landscaping shall be designed to soften, screen, or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses. All parking lots shall be landscaped along the property boundaries with shrubbery, trees, and other landscape materials. Large parking lots shall provide one 2 1/2" caliper shade tree per 20 parking spaces (6 trees per acre) located at representative points throughout the lot.
6.16 Recreational and Amusement Facility
All recreation and amusement facilities shall meet the provisions below:
A. There shall be provided adequate off-street parking for the anticipated maximum attendance.
B. Containers and facilities for rubbish collection and removal shall be provided and maintained.
C. Adequate screening, buffer area, or landscape provisions shall be built, planted, or maintained, to protect adjacent residences from adverse noise, light, dust, smoke, and visual impact.
D. The proposed use shall not create a traffic hazard. The Limestone Police Department shall review the location and site design and provide its comments to the Planning Board.
E. All other relevant Performance and Technical standards of this Ordinance shall also be observed.
6.17 Renting Rooms and Apartments
A. The renting of rooms and apartments is an accessory use in a single family dwelling, the renting of rooms or a single apartment in a dwelling shall be permitted provided the following conditions are all satisfied.
1. There shall be no new external construction to increase the size of the structure to accommodate the accessory use.
2. The water and sewage facilities meet all existing laws and codes.
3. The building is owner-occupied.
B. One non-illuminated sign, no larger than two (2) square feet in area may be erected on the premises, only during times when a vacancy exists.
A. The application for a permit shall state the maximum seating capacity of the restaurant. Any expansion or enlargement over the stated capacity shall require a new permit.
B. Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners. When subsurface waste water disposal is proposed, completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface disposal systems shall meet the Maine State Subsurface Waste Water Disposal rules.
C. All parking and loading facilities shall be located to the side or rear of the building, and shall be screened from abutting residences within 200 feet. Screening shall be comprised of a continuous landscaped area not less than eight (8) feet in width, containing evergreen shrubs, trees, fences, walls, berms, or any combination, forming a visual barrier not less than six (6) feet in height.
D. Restroom facilities for the patrons shall be provided on the premises.
E. No building shall be closer than fifty (50) feet from a property line.
F. All other relevant Performance and Technical standards of this Ordinance shall also be observed.
6.19 Sanitary Provisions
When not serviced by the public sewerage system, the approval of permit applications shall be subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for waste water disposal.
6.20 Satellite Receiving Dish
No satellite receiving dish may be located between a building and a public street unless the building is greater than 150 feet from the street.
6.21 Schools, Churches, Fraternal Organizations, and Non-Profit Clubs
Public and private schools, churches, fraternal organizations, and non-profit clubs shall meet the following provisions:
A. A green strip, suitably landscaped, at least twenty (20) feet wide shall be provided along all property lines, except where driveways enter and exit.
B. No building shall be closer than fifty (50) feet from a property line.
C. When adjacent to residences within 200 feet, parking areas and outdoor activity areas shall be effectively screened from view by a continuous vegetative barrier or stockade fence not less than six (6) feet in height.
D. All other relevant Performance and Technical standards of this Ordinance shall also be observed.
A. General Requirements
1. All proposed business, commercial, industrial, and home occupation signs shall be approved by the Planning Board and meet the standards contained within this Ordinance.
2. Existing non-conforming signs shall not be replaced by another non-conforming sign. Existing non-conforming temporary signs shall be removed within six (6) months of the adoption of this Ordinance, with future use directed by subsection FG, Temporary Signs, below.
3. The sale of real estate may be advertised by non-illuminated temporary signs, no larger than six (6) square feet in area. Each broker or person advertising the sale shall be permitted only one sign on any premises. All such signs shall be removed upon the transfer of ownership.
4. Rental vacancies may be advertised with a non-illuminated sign on the rental property and be no larger than two (2) square feet in area. Such sign shall be erected only during such time as the rental property is vacant.
5. Signs shall be placed on the same lot as the use of the activity they are advertising, relate to the premises on which they are located, and shall only identify the occupant of such premises or advertise the service available within said premises. There shall be no temporary promotion signs, banners, streamers, or placards erected, suspended, posted, or affixed in any manner outdoors or on the exterior of the premises except as provided in this Ordinance. Product advertising is prohibited except where the product is generic to the business.
6. No sign shall be erected adjacent to any roadway in such a manner as to obstruct clear and free vision, or where, by reason of its position, shape, color, or wording the sign may interfere with or obstruct the view of, or be confused with any authorized traffic sign, signal, or device or otherwise constitute a hazard to pedestrian or vehicular traffic.
7. Signs for home occupations may display one non-illuminated sign, not exceeding twelve (12) square feet in area. Said sign must not detracted from the character of the residence or the neighborhood.
B. In Industrial Districts only the following signs shall be permitted.
1. On each premises there is permitted one sign affixed to the exterior of a building for each occupancy therein.
2. Free-standing signs are limited in number to one per building, except that, where one occupant occupies more than one building per lot or a combination of lots mutually adjoining and in common ownership, only one free-standing sign shall be permitted. The top edge of any such free-standing sign shall not be higher than sixteen (16) feet vertical measure above the grade of the street nearest the sign support(s). For traffic safety, where vision may be obscured entering a public street, the whole of the sign board or display elements of any free-standing sign shall be either below three (3) feet in height or above ten (10) feet in height above the street grade. A free-standing sign may be located within the front yard space, but shall not be closer than ten (10) feet to the street right-of-way, and be no closer than twelve (12) feet to either of the lot side lines. Where an existing principal building is within fifteen (15) feet of the street right-of-way, a free-standing sign may be located within ten (10) feet of the street right-of-way.
3. No sign shall have a signboard area (or display area, if no signboard) exceeding thirty-two (32) square feet. The gross area is the measure of the area within a line connecting and completely enclosing the extreme most points of the sign.
C. In Commercial Districts only the following signs shall be permitted.
1. On each premises there is permitted one sign attached to the building for each occupancy.
A. If attached to the structure by way of a frame or bracket, which overhangs a pedestrian walkway or public sidewalk, it shall not extend beyond five (5) feet of the structure face to which attached and have a vertical height clearance between the sign bottom and/or sidewalk/pedestrian walkway of ten (10) feet.
B. If the proposed sign is to be attached to the structure without the use of overhanging frames or brackets, the "wall sign" shall not extend or project more than twelve (12) inches from the structure surface. Cut out letters should not project more than six (6) inches from the building wall.
D. Sign Exceptions
Nothing within this Ordinance shall prohibit the use of the following signs:
1. Flags and insignia of any government.
2. Legal notices, identification, information, or directional signs erected or required by governmental bodies.
3. Signs directing and/or guiding traffic and parking on private property, but bearing no advertising matter or commercial identification.
4. Barber poles.
5. Canopy signs.
E. Prohibited Signs
The following signs are prohibited:
2. Off-premise signs.
3. Sign(s) erected on utility owned poles.
4. Sign(s) erected on trees.
6. Hot air or gas filled balloons, or umbrellas used for advertising.
7. Sign(s) mounted or painted on a vehicle for advertising purposes, parked, and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business.
8. Sign(s) designed to be transported by trailer on wheels.
9. "A" frame signs.
F. Temporary Signs
Temporary signs for special events may be posted upon written permit from the Code Enforcement Officer. The Code Enforcement Officer shall only grant such a permit after presentation of evidence that the authorities controlling the proposed location of the sign have approved its posting. A temporary sign shall be posted for a period not to exceed twenty (20) days. The applicant shall remove said signs upon termination of the permit. Street banners shall be not be larger than two (2) feet in height and fifty (50) square feet in area. Permits for hanging street banners across a public way shall be issued only upon the indication to the Code Enforcement Officer of complete liability in writing by the person, firm, or corporation hanging the banner for any damage resulting from the placement of said banner. Such liability shall be acknowledged upon the application for the permit. No temporary sign, other than a street banner, shall be larger than six (6) square feet per side.
No land uses shall be permitted in any area where the soil is rated severe or very severe for the proposed activity, according to the Aroostook County Soil Survey of the USDA Soil Conservation Service, unless satisfactory evidence is presented to the Code Enforcement Officer or Planning Board, within the application for a permit, that construction methods shall overcome any pertinent soil inadequacies.
6.24 Soil Erosion Control
Erosion of soil and sedimentation of water sources and water bodies shall be minimized by the following erosion control management practices:
A. The striping of vegetation, removal of soil, regrading, or other development of the site shall be accomplished by limiting the duration of exposure and area of the site to be disturbed. Dust control methods shall be employed during dry conditions.
B. Temporary vegetation, mulching, and/or siltation fabrics shall be used to protect critical areas during the development, or other methods determined acceptable by the Planning Board.
C. Permanent vegetation and/or other erosion control measures should be installed prior to completion of the construction, but no later than six (6) months after completion of the construction.
D. The top or bottom of a cut or fill shall not be closer than ten (10) feet to a property line, but in no instance shall said cut or fill exceed a 3:1 slope.
6.25 Storm Water Management
A. All new construction and development, whether or not served by a storm water collection and transportation system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of volume, velocity, and location of runoff.
B. If runoff after development would exceed predevelopment runoff conditions, the off-site impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity, and land use/land cover characteristics. Appropriate methods of reducing off-site impact shall be employed.
C. Storm water management evaluations and designs shall be based on a 24-hour, 25 year recurrence interval storm.
D. All development plans shall define maintenance requirements and identify parties responsible for maintenance of the storm water control system.
E. When the Planning Board has determined that methods of reducing storm water impact are necessary or desirable, storm water runoff control plans shall be developed that include:
1. Control methods effective both during and after construction;
2. Control methods compatible with upstream and downstream characteristics;
3. Documentation by the designer that increasing the volume and rate of runoff from the proposed development shall not aggravate conditions downstream or upstream;
4. Provision for on-site storage and gradual discharge of excessive flows, or contribution toward increasing downstream capacity (e.g. by enlarging existing culverts), when the channel downstream is not able to accommodate the increased volume or rate of runoff created by the proposed development;
5. Consideration of the following factors:
a. impact: on-site, downstream, upstream, and basin-wide;
b. costs: initial, amortized, operation, and maintenance;
c. intensity of rainfall;
d. timing of rainfall: (e.g., falling of snow or during the spring snow melt);
e. amount of precipitation in the basin during the five (5) days preceding the storm in question;
f. hydrologic soil groups throughout the basin (i.e., the soil's rate of water infiltration and transmission);
g. hydrologic conditions throughout the basin (soil's moisture content, humus/organic content, temperature, and whether or not it is frozen);
h. vegetative cover throughout the basin (vegetation helps soil dry out after a rainfall, intercepts some precipitation during the rainfall and slows down the flow of water over the land);
i. area of land covered by impervious surfaces throughout the basin (roads, sidewalks, roofs, driveways, patios, etc.)
j. topography throughout the basin (slopes affect the rate of runoff; wetlands reduce peak discharge rate by slowing down the rate of runoff);
k. size and shape of watershed (peak discharge rates are slower in long, narrow watersheds).
C. Storm water runoff systems should be designed to facilitate aquifer recharge when it is advantageous to compensate for ground water withdrawals or reductions in infiltration. Conversely, designs should avoid recharge where ground water effects might be harmful. Design of permanent storage facilities should consider safety, appearance, recreational use, and cost and effectiveness of maintenance operations, in addition to the primary storage function. Natural overland flows, and open drainage channel and swale locations should be the preferred alignments for major components of a residential drainage system. The use of enclosed components (such as underground piping) should be minimized where the existing natural systems are able to accommodate storm runoff.
Energy dissipaters (to reduce high flow velocities) and other forms of outfall protection shall be employed where enclosed drains discharge onto erodible soils.
6.26 Water Quality
No activity shall locate, store, discharge, or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quality, obnoxiousness, toxicity, or temperature that run-off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, impair designated uses or the water quality classification of the water body, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life. All above ground storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a 25-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for "home heating oil" and diesel fuel, not exceeding 275 gallons in size, may be exempted from this requirement, in situations where neither a high seasonal water table (within 15" of the surface) nor rapidly permeable sandy soils are involved.
6.27 Water Supply
Prior to the issuance of any occupancy permit for any structure with a potable water supply system, a water quality analysis demonstrating that the State of Maine Safe Drinking Water Guidelines are met shall be submitted to the Code Enforcement Officer.
Section 7 Wellhead Protection
The purpose of this section is to protect the public water supply in Limestone from land uses which pose a threat to the quality and/or quantity of the ground water being extracted from the wells which serve the public water system.
This section applies to all land uses located or proposed within the area delineated as Wellhead Protection Zones on the official Town of Limestone Zoning Map or official Wellhead Protection Area Map.
7.3 Administering Bodies and Agents
The Code Enforcement Officer (CEO) shall administer and enforce this section. The CEO shall forward all permit applications to the Planning Board and Water District Board as required by this ordinance.
7.4 Independent Review
A. Professional Services
If applicants request falls outside of the Town’s land use ordinance the Planning Board may require an attorney or consultant to review one or more aspects of an application for compliance or noncompliance with this ordinance and to advise the Planning Board. The attorney or consultant shall first estimate the cost of such review and the applicant shall deposit, with the Town the full estimated cost, which the Town shall place in an escrow account. The Town shall pay the attorney or consultant from the escrow account and reimburse the applicant if funds remain after payment.
B. Additional Studies
If applicants request falls outside of the Town’s land use ordinance the Planning Board may require the applicant to undertake any study that it deems reasonable and necessary to determine whether a proposed activity meets the requirements of this ordinance. The costs of such studies shall be borne by the applicant.
A. Permit Application
1. In addition to permitting requirements in Section 10 or 11, applications for certain activities within Zones 1 and 2 of the Wellhead Protection Area are required. More than one of the categories listed below may apply to a particular use. Applicants should request assistance from the Planning Board should there be questions as to which categories apply.
b. Non-agricultural chemical use, storage and handling, (including petroleum products)
i. Type and volume of chemical compounds handled and/or stored.
ii. Site plan showing all storage, handling and use areas for raw materials and wastes.
iii. For outside areas, details to contain spills including:
a. drainage and contour information to prevent the flow of runoff from entering the storage area and which keep leaks or spills from flowing off site;
b. provisions to collect chemicals should they enter the drainage system;
c. provisions to segregate underground systems to insure that there are no cross connections;
iv. provisions to prevent accidental containment breach by collisions;
v. statement of emergency measures which can be implemented for surface drainage systems;
vi. For inside areas, details to contain spill including the:
a. Design of dikes around rooms;
b. the location of floor drains and floor drains outlets;
c. the location of separators, holding tanks and/or drain outlets;
d. the specific location and design of underground storage structures;
e. the location and design of piping systems for wash are discharged and that wastes are discharged to appropriate sewers or treatment systems.
vii. A spill prevention and control and countermeasure (SPCC) plan detailing:
a. materials and equipment to be available;
b. a training plan and schedule;
c. a list of contacts (EPA/DEP/local fire officials) with phone numbers;
d. an inspection schedule.
viii. A report by an industrial engineer or other competent professional detailing:
a. steps which have been taken to reduce the use of hazardous material;
b. actions which have been taken to control the amount of wastes generated;
c. any reports to provide information on the design theory or methodology for the above features.
b. Agricultural chemical use, storage and handling
i. Type and volume of chemical compounds handled and/or stored.
ii. Intended use.
iii. An Integrated Spray management Plan updated yearly (spray log book and Maine spraying rules).
iv. Soil Testing shall be used for evaluation to assess nutrient holding capacity and amounts to be applied.
v. Control surface water run-off and erosion in areas where chemicals will be applied, where/when possible.
vi. LWSD may require information for reports on type of chemical applied and rate of application.
vii. Site plan showing all storage, handling and use areas for raw materials and wastes.
viii. For outside storage, details to contain spills including:
a. drainage and contour information to prevent the flow of runoff from entering;
b. the storage area and which keep leaks or spills from flowing off site;
c. provisions to collect chemicals should they enter the drainage system;
d. provisions to segregate underground systems to insure that there are no cross connections;
e. provisions to prevent accidental containment breach by collisions;
f. statement of emergency measures which can be implemented for surface drainage systems.
ix. For inside storage, details to contain spill including the:
a. design of dikes around rooms;
b. the location of floor drains and floor drains outlets;
c. the location of separators, holding tanks and/or drain outlets;
d. the specific location and design of underground storage structures;
e. the location and design of piping systems for wash are discharged and that wastes are discharged to appropriate sewers or treatment systems.
x. A spill prevention and control and countermeasure (SPCC) plan detailing:
a. materials and equipment to be available;
b. a training plan and schedule;
c. a list of contacts (EPA/DEP/local fire officials) with phone numbers;
d. an inspection schedule.
xi. A report may be required to be done by an industrial engineer or other competent professional detailing: (Competent professional – Person holding the spray license)
a. steps which have been taken to reduce the use of hazardous material;
b. actions which have been taken to control the amount of wastes generated;
c. any reports to provide information on the design theory or methodology for the above features.
c. Vehicular storage
i. A site plan, drawn to scale, showing locations and designs of secondary containment for fuel and storage. For vehicle and/or equipment stored more than three months at a time.
d. Subsurface injection
i. Subsurface Wastewater Disposal
a. Soil evaluator’s report and septic system design.
b. For sites/uses producing >1,000 gallons of sewage, a hydrogeologic analysis of nitrate concentrations at the property line.
ii. Sewage Disposal
a. Evaluation of public/private sewer system capacity and integrity of sewer lines serving the development by a Registered Engineer or the sewer system superintendent.
iii. Subsurface Injection
a. Provisions and designs for all floor drains, grease traps, and holding tanks.
e. Stormwater Management New Applications
i. Engineering calculations and plans which provide:
a. Design of dry wells, storage, retention or detention facilities and other surface water;
c. Stormwater system outlets;
d. Delineation of post development drainage areas;
e. Plans for ice control, use of road salt, and snow removal.
7.6 Performance Standards
A. Non-agricultural chemical use, storage and handling (including petroleum products)
1. New installation of underground storage tanks are prohibited within Zone 1 of the Wellhead Protection Area.
2. All chemicals must be stored under cover and on an impervious surface, without floor drains.
3. Secondary containment of liquid chemicals equaling 110% of the stored product must be provided.
4. Tanks for liquid chemical storage must be equipped with automatic shut-off valves and high level alarms.
5. Any above-ground piping must be designed to prevent line breakage due to collision.
6. All containers and piping must be constructed of corrosion resistant materials.
7. All containers must be clearly labeled with the chemical name and date of purchase.
8. A Spill Prevention, Containment and Countermeasures Plan (SPCC) must be submitted to the CEO, Fire Department and the Water District.
C. Agricultural chemical use, storage and handling
1. The use of chemicals or residuals shall not cause or contribute to the cumulative, calculated or actual levels of any contaminants in the groundwater at the Water District’s property line not to exceed 50% of the allowable Primary Public Drinking Water Standards as defined by the Federal Safe Drinking Water act, as amended.
2. Soil tests shall be used to determine proper amounts of nutrients and limestone (pH adjustment).
3. Nutrients shall be applied uniformly and only at levels required.
4. Split fertilizer applications should be used for new planting, where/when possible.
5. A slow release form of fertilizer should be used, where/when possible.
6. Nutrients shall not be applied to very shallow soils or exposed bedrock.
7. Chemical fertilizer application equipment shall be calibrated.
8. Irrigation shall be scheduled to minimize leaching potential.
9. Limit applications of nitrogen fertilizers to the spring or fall, where/when possible
10. Nutrients shall not be applied during winter months when ground is frozen or snow covered.
11. Fertilizers and manure shall be stored in properly located and constructed facilities during periods
when application is not suitable, and not at all in wellhead zone 1
12. All federal and state laws regulating pesticides shall be followed.
13. Material safety data sheets shall be kept accessible.
14. Application of fertilizers and pesticides shall be accomplished by certified applicators or as Maine laws indicate.
15. Secure, safe storage shall be provided for used pesticide containers and dispose of containers in
accordance from federal and state law.
D. Vehicular use and storage
1. When draining oils or fluids from vehicles, precautionary measures such as portable drip pans, must be taken to ensure that no spills occur.
2. All fuel oil, waste oil, lubricants, antifreeze, or other potential contaminants must have secondary containment equal to 110% of the liquid volume stored.
3. No vehicle washing may occur within wellhead zone 1
4. Refueling vehicles must be equipped with a shovel, an impermeable container with a volume of no less than 35 gallons and a tight fitting lid, and at least two absorbent pads or pillows. An absorbent pad or portable drip catch must be in place beneath the fill tube at all times during the refueling operation.
5. If refueling must occur within wellhead zone 1, it must be done on a concrete pad or other impermeable surface.
E. Septic Systems
1. All new and replacement subsurface wastewater disposal systems shall submit evidence of site suitability prepared by a Maine licensed site evaluator in full compliance with the requirements of the State of Maine Subsurface Waste Water Disposal Rules and for systems producing > 1,000 gallons of sewage, a hydrogeologic analysis of nitrate/nitrite impact study, with nitrate/nitrite concentrations limited to 5mg/L at the property line.
F. Stormwater Management
1. Stormmwater from impervious areas greater than 20,000 square feet shall not be infiltrated within Zone 1 of the Wellhead Protection Area, unless subject to prior treatment to remove potential pollutants. Any detention or retention structures shall be designed and constructed in such a manner that excludes groundwater interaction.
2. Acceptable treatment option for stormwater infiltration can be found in the Maine Stormwater Best Management Practices Manual published by the Maine Department of Environmental Protection.
7.7 Control of Existing Threats
The CEO shall also have the right to inspect any property located in a Wellhead Protection Area, except building interiors, at reasonable hours, with landowner permission, as provided in 30-A MRSA section 4452, for the purpose of determining compliance with this ordinance or any permit issued hereunder. The Code Enforcement Officer may be accompanied by a representative of the Water District. In the event the landowner denies or prevents access for this purpose, the CEO shall be authorized to apply for an administrative site inspection warrant pursuant to Rule 80E, Maine Rules of Civil Procedure.
Whenever the CEO finds that a use existing as of the date of adoption of this ordinance, including but not limited to uses of the types identified in this section of this ordinance, is located within a Wellhead Protection Area designated by this ordinance and poses an actual or potential threat to the safety or quality of a public groundwater supply, the Planning Board may order the property owner to grant permission for installation, or to install, groundwater monitoring wells and to conduct testing as provided in subsection (1) above. Installation of monitoring wells and testing and monitoring of groundwater in such cases shall be at the sole cost of the municipality or the Water District, provided that if such testing indicates that the use is found to cause or contribute to reduction of ten percent (10%) or more of the State Primary or Secondary Drinking Water standards at the Water District property line, the property owner shall reimburse the municipality or Water District for all expenses incurred for installation, testing and monitoring.
If any use causes or contributes to a reduction of ten (10%) of proven baseline more of the State Primary or Secondary Drinking Water standards at the Water District property line, the CEO may require the owner of the property on which the contaminating use occurs to cease activity, install or construct mechanisms, or enact appropriate procedures to reduce the contamination.
Section 8 Specific Activities
8.1. Cluster Development
The following cluster development standards are optional on parcels of 10 acres or more and should be used as a means to preserve open space, including prime farm and forestland. Cluster development is one of the most important ways of controlling sprawl and minimizing the conversion of open space to residential use, while allowing residential development to take place. Commercial and industrial uses can also be clustered but, under different standards.
The purposes of these provisions are:
a. To provide for efficient use of land not possible under traditional lot-by-lot size requirements, provided that the net density shall be no greater than is permitted, unless a density bonus is granted to the applicant;
b. To provide for the preservation of parks, recreation, and open space areas;
c. To provide for a more attractive, varied arrangement of dwelling units and open space on a particular parcel;
d. To provide for the location of housing units and other uses where they are least visible and hidden by topography or vegetation, therefore minimizing perceived densities;
e. To provide for orderly development in the rural areas and maintain the rural character of the community by preserving tree masses, stream valleys, woodlands, of views and scenic vistas, and other significant natural features;
f. To provide for reasonable standards for the perpetual maintenance of community or privately owned facilities necessary to service the development;
g. To preserve and protect environmentally sensitive areas; and
h. To allow for new and innovative approaches to housing development and discourage the location of housing units in strip fashion along rural roads.
Notwithstanding other provisions of this and other ordinances relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments, may modify said provisions related to dimensional requirements 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.
2. Application Procedures
a. The Planning Board may allow subdivided development on reduced lot sizes in return for open space where the Board determines that the benefits of the cluster approach will prevent the loss of natural features without increasing the net density of the development. Where a developer elects or is required to cluster, a written application shall be submitted to the Planning Board. Two sketch plans shall be submitted with one layout as a standard traditional subdivision and the other as a cluster development indicating open space and significant natural features. Each lot in the standard traditional subdivision shall meet the minimum lot size and lot width requirements, and if not serviced by public sewer have an area suitable for subsurface wastewater disposal according to the Maine Subsurface Wastewater Disposal Rules. The number of lots in the cluster may exceed the number of lots in the standard subdivision (density bonus), with approval from the Planning Board.
b. The written statement shall describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to, moderate to high value wildlife and waterfowl habitats, moderate to high yield aquifers, preserving prime agricultural and forestland areas and soils, large trees, woods, ponds, rock outcrops, and other important natural or historic sites. The statement shall also compare the impact upon the community by both proposals. Examples of impacts are, municipal costs for roads, schools, school busing, solid waste management, utility efficiency, recreational opportunities, protection of flood water storage areas, and environmental impacts on sensitive lands.
c. For purposes of this section, the tract or parcel to be developed shall be in single ownership, or the subject of an application filed jointly by the owners of all the property included.
d. Estimated costs of infrastructure development (roads, utilities, etc.) shall accompany the plan. The developer shall file with the municipality, at the time of submission of the final plan for subdivision approval, a performance guarantee as indicated in Article III, Section 10.7 herein. This may be tendered in the form of a certified check payable to the Town of Limestone, a savings account passbook issued in the name of the Town of Limestone, letter of credit, and/or a faithful performance bond to the Town of Limestone, issued by a surety company acceptable to the town. The conditions and amount of such check, passbook, letter, and/or performance bond shall be determined by the Planning Board, with the advice of the various departments, agencies, or authorities concerned. The amount shall be no less equal to the total cost to the furnishing, installing, connecting, and completing all street grading, paving, storm drainage, and utilities or other improvements specified in the final plan, and shall guarantee the satisfactory completion of all specified improvements.
e. The completed application shall be submitted to the Code Enforcement Officer who shall examine the application for completeness and inform the applicant either the application is complete and issue a dated receipt, or the application is incomplete and inform the applicant in writing of the additional material needed to complete the application. When the Code Enforcement Officer has decided the application is complete he/she shall pass the application along to the Planning Board at their next regularly scheduled meeting for final determination of completeness. Within ten (10) days of determining that the application is complete, the Planning Board shall invite comments on the application from the appropriate town or quasi-municipal agencies and the abutters. Within thirty (30) days of determining that the application is complete, the Planning Board shall determine whether to allow the subdivision to be developed in accordance with the standards of this Ordinance based upon findings that:
1. The site contains natural features of the type worthy of preservation; and
2. Those natural features could not adequately be preserved in a standard subdivision layout; or
3. A clustered development will permit more efficient creation and utilization of infrastructure and provision of municipal and quasi-municipal services than would a standard subdivision layout.
3. Basic Requirements for Cluster Development
a. Cluster development shall be a minimum of 10 acres and shall meet all requirements for a subdivision, the town's street standards, and all other applicable town ordinances or regulations, including the standards of Sections 9 and 10 of this Ordinance and state laws and regulations.
b. 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 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.
c. The maximum allowed reduction in the size of individual lots is 50%. However a larger reduction can be made if site conditions can be proven by the applicant to support smaller lot sizes.
d. The maximum net density allowed in cluster developments shall be calculated on the basis of the "Qualifying Land Area" standards contained below.
e. Unless a public sewer or community sewage collection and treatment system is provided, no lot shall be smaller than 20,000 square feet. No unit shall be constructed on any lot with soil considered as being "very poorly" drained.
f. The total area of open space within the development shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required, except where density bonuses are permitted.
g. Every building lot that is reduced in area below the amount normally required should abut the open space area for a distance of 50 feet, or be within 1000 feet distance from the open space area.
h. Distance between buildings shall not be less than 20 feet.
i. In rural areas, no individual lots shall have frontage on an existing road at the time of development. There shall be a setback of 50 feet from the main public access road and from interior roads that are constructed as part of the cluster development. Access from public ways, internal circulation, and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment maneuverability, snow removal, road maintenance, and delivery and collection services.
j. In no case shall shore frontage and setback be reduced below the minimums normally required by the Limestone Shoreland Zoning Ordinance.
k. Where a cluster development abuts a body of water, a usable portion of the shoreline, which shall be a minimum of 100 feet, as well as reasonable access to it, shall be a part of the open space land.
l. When individual wells are to be utilized, a drilled well with casing, shall be provided on each lot by the developer/builder. The location of all wells shall be shown on the plan. The applicant shall demonstrate the availability of water adequate in quantity and quality for domestic purposes, as well quantity for fire safety. The Planning Board may require the construction of fire ponds and/or dry hydrants.
m. The location of subsurface sewage disposal systems and an equivalent reserve area for a replacement system(s) shall be shown on the plan. The report of a licensed Site Evaluator shall accompany the plan. The reserve areas shall be restricted so as not to be built upon. If the subsurface disposal system in an engineered system, approval from the Department of Human Services, Division of Health Engineering shall be obtained prior to Planning Board approval.
4. Siting and Buffering Standards
a. Buildings shall be oriented with respect to views and scenic vistas, natural landscape features, topography, south facing slopes (wherever possible), and natural drainage areas, in accordance with an overall plan for site development and landscaping. A site inspection shall be conducted by the Planning Board prior to approval. Once approved, the plan shall not be altered in any manner, without prior approval of the Planning Board.
b. Buildings shall be designed and planned to protect bedroom windows from light invasions by vehicle headlights or glare from existing outdoor lighting or illuminated signs, where allowed, insofar as practical.
c. Where parking spaces or storage areas are located in areas abutting existing residential properties, a permanent wood or masonry screen, at least 4 feet high, shall be erected along the property line, in addition to the "green" perimeter strip described below.
d. Other than any land within shoreland zoning, a "green" vegetative perimeter strip, not less than 20 feet wide, shall be maintained with grass, bushes, flowers, scrubs, and/or trees alongside all lot or rear lot lines of the property as a whole, and (except for entrance and exit driveways) along the entire frontage of such lot.
Such "green" strip shall not be built upon, paved, or used for parking or storage. There shall be no removal of trees over 4" in diameter within this buffer. In the shoreland zoning area, vegetation shall be retained in its natural state.
e. Except for normal thinning and landscaping, existing vegetation shall be left intact to prevent soil erosion. Adequate provision shall be made for storm waters, with particular concern for the effects of erosion from the site. Erosion resulting from any improvements to the site shall be prevented by landscaping or other means. The Planning Board may require that an erosion and sedimentation control plan be made and that the developer take appropriate measures to prevent and correct soil erosion in the proposed development.
f. All utilities shall be installed underground, whenever possible. Transformer boxes, pumping stations, and meters shall be located so as to not to be unsightly, hazardous to the public, or detract from the natural beauty of the development.
5. Preservation and Maintenance of Open Space and Facilities
a. Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of open space. Open space shall be used for agriculture, non-commercial recreation, forestry, or conservation. However, easements for public utilities may be permitted in the open space area, with prior approval of the Planning Board.
b. There shall be no land development within the open space without the prior approval of the Planning Board.
c. The open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:
1. The open space shall not be used for future buildings lots or development; and
2. A part or all of the open space may, at the option of the town, be dedicated for acceptance by the town. Such dedication shall take place after final approval of the project. Final acceptance by the town of dedicated open space rests with the town.
d. If any or all of the open space is to be reserved as common open space for use by the residents, the by-laws of the proposed homeowners association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval. The developer shall maintain control of such open space(s) and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon the request of the homeowners association or the developer.
e. 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 (i.e. annual fee to the association for lawn mowing, snow removal, solid waste management, municipal assessments, neighborhood recreational facilities, etc..). A clause should be added to every deed that any unpaid association fees, plus interest, shall be paid at the time of a deed transfer and the association will receive first "dibs".
f. Open space land may be leased for agriculture or forestry purposes provided that development rights for the open space land are held by the homeowners association. The legal instruments for the development rights shall be submitted to and reviewed by the Planning Board and approved by the homeowners association.
6. Qualifying Land Area
To determine the number of lots/dwelling units permitted in a subdivision, the applicant shall perform the following calculations and submit evidence in the form of plans and data to verify the calculations.
Net Buildable Acreage Calculation:
A. From the gross acreage of the site ( acres) subtract the following:
1. Existing road rights-of-way1 _ acres
2. Proposed rights-of-way1 __ acres
3. Noncontiguous land2 ____ _____ acres
4. 100% of the RP and SP Districts3 ____ ______ acres
5. 100% of the 100 year floodplain land4 ____ ______ acres
6. 100% of the wetlands, NRPA Class I and II4 ____ ______ acres
7. 50% of the wetlands, NRPA Class III4 ____ _____ acres
8. 100% of ponds or lakes __ ________ acres
9. 50% of slopes from 15-25% ____ _____ acres
10. 85% of slopes over 25% ____ _____ acres
Net Buildable Acreage (NBA) __________ acres
1 Include shoulder and ditches in width calculation
2 Land separated by roads or railroads, or land linked by a strip less than 50' wide.
3 Resource Protection and Stream Protection
4 Where this overlaps, the overlapping acreage shall be counted only once.
Net Density Calculation:
A. Multiply the (NBA) by the minimum lot size
requirement. __________ lots
(this figure is determined by dividing 43,560 by the minimum
lot size requirement... i.e. 40,000 square feet = .9183),
B. Multiply the result by 10% (density bonus) __________ lots
C. Add the results of "A" and "B" Total Allowable Lots __________ lots
A. Maximum reduction in size of individual lots is _____ %.
B. Traditional Minimum Lot Size ____ ___square feet
C. Clustered Minimum Lot Size _____ ___square feet
D. Minimum Lot Width __________ feet
E. Minimum Yards
Front (from ROW) __________ feet
Rear __________ feet
Side __________ feet
8.2. Mobile Home Parks
Mobile home parks must comply with the standards of the Maine Manufactured Housing Board. Any mobile home park application shall meet all the requirements for a residential subdivision, and shall conform to all applicable State laws and local ordinances and regulations.
1. Dimensional Requirements
Not withstanding the dimensional requirements of the Limestone Zoning Ordinance and the Limestone Shoreland Zoning Ordinance, lots, buildings, and accessory structures within a mobile home park shall meet the following dimensional requirements.
A. Lots served by public sewer:
Min. lot area: 6,500 sq. ft.
Min. lot width: 50 feet
Front setback: 20'
Side setback: 15'
Rear setback: 10'
B. Lots served by individual subsurface waste water disposal systems:
Min. lot size: 20,000 sq. ft.
Min. lot width: 100'
Front setback: 20'
Side setback: 20'
Rear setback: 15'
The overall density of any park served by any subsurface waste water disposal system shall not exceed one dwelling unit per 20,000 sq. ft. of the total park area.
C. Lots served by a central subsurface waste water disposal system approved by the Maine Dept. of Human Services:
Min. lot size: 12,000 sq. ft.
Min. lot width: 75'
Front setback: 20'
Side setback: 20'
Rear setback: 15'
D. Lots located within any shoreland zoning district shall meet the lot area, lot width, and shore frontage requirements for the district.
E. All buildings on the lot, including accessory buildings and structures, but excluding open decks and parking spaces, shall not cover more than 50% of the lot area.
F. If a lot is on a public road, the setback shall conform with the residential setback requirements applicable to residential dwelling units for that district.
G. So as to avoid monotony and sameness, the Planning Board may allow the front setback on a private road, within the mobile home park, to be varied provided that no home may be closer than 10' from the right-of-way and the average distance is at least 20' for all units.
H. Carports of non-combustible materials are not subject to side setback requirements.
I. The Planning Board may allow lot side yard setbacks to be reduced to 5', provided a distance of 20' is maintained between units for the purpose of providing more usable yard space on one side of the home.
J. A minimum distance of 20' separation shall be maintained between all manufactured homes in all directions.
If a park is proposed with a residential density at least twice the density of adjacent development in existence, a continuous landscaped area not less than fifty (50') feet in width which shall contain no structures or streets. The first twenty-five (25') feet of the buffer strip, as measured from the exterior boundaries of the park shall contain evergreen shrubs, trees, fences, walls, or any combination which forms an effective visual barrier to be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering or exiting the park.
3. Open Space Reservation
A. Open Space Requirements for Lots Not Served by Public Sewer
An area no less than 10% of the total area of those lots with a lot area of 12,000 sq. ft. shall be reserved as open space on lots not served by public sewer. The area reserved as open space shall be suitable to be used as recreational purposes or use by the residents of the park for storage. Generally, the reserved open space shall have slopes less than five (5) percent, shall not be located on poorly or very poorly drained soils, and shall be accessible directly from roads within the park. The Planning Board may waive the requirement for open space when the park is located within one-half mile of a publicly owned recreation area.
B. Open Space Requirements for Lots Served by Public Sewer
1. At least 50% of the required open space shall consist of land that is suitable for active recreation or storage.
2. All developed open space shall be designed and landscaped for the use and enjoyment of the park residents and shall be maintained for their long term use. Plans for these areas shall be submitted by the developer to the Planning Board.
3. To the maximum extent possible, undeveloped open space shall be left in its natural state. Improvements to make trails for walking and jogging or to make picnic areas are permitted.
4. The developer shall submit, as part of their application, a copy of that portion of the proposed mobile home park rules and a plan which specifies how the open space is to be used and maintained and what conditions are to apply to its use. The plan shall specify the areas to be dedicated to open space, recreation, and storage.
5. Open space shall be maintained and used for its stated purpose.
4. Road Design, Circulation, and Traffic Impacts
a. Streets within a park shall be designed by a Maine Registered Professional Engineer.
b. The layout and general development plan for streets and driveways within the mobile home park, together with the location and dimensions of access junctions with existing public roads and rights-of-way shall be approved by the Planning Board.
c. Streets which the applicant proposes to be dedicated as public rights-of-way, shall be designed and constructed in accordance with the standards contained within this Ordinance.
d. Streets which the applicant proposes to remain private rights-of-way shall meet the following minimum geometric design standards.
1. Minimum right-of-way width: 23'
2. Minimum width of traveled way: 20'
e. One-way streets shall have a minimum right-of-way of 18' and a minimum paved surface of 14'. On-street parking shall be prohibited.
f. No individual lot within a park shall have direct vehicle access onto an existing public street.
g. On-street parking shall be prohibited unless an 8' parking lane is provided, in which case on-street parking may be permitted only on the side of the road where the parking lane is located.
h. Curvilinear streets shall be utilized wherever possible. No street within the mobile home park shall be more than 200' without a curve or a bend.
i. Cul-de-sac turnarounds shall have a minimum radii of 50' at the outer edge of the pavement, exclusive of any parking areas.
j. The intersection of any street within a park and an existing public street shall meet the following standards.
1. The angle of intersection shall be ninety (90) degrees. The minimum angle of intersection shall be seventy-five (75) degrees.
2. The maximum permissible grade within seventy-five (75') feet of an intersection shall be two (2) percent.
3. A minimum sight distance of ten (10') feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distances shall be measured from the driver's seat of a vehicle that is ten (10') feet behind the curb or edge of shoulder line, with the height of the eye 3 1/2' above the pavement and the height of the object 4 1/4'.
4. The centerline of any street within a park intersecting an existing public street shall be no less than 125' from the centerline of any other street intersecting that public street.
k. The application shall contain an estimate of the average daily traffic (ADT) projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, latest edition, published by the Institute of Traffic Engineers. If the park is projected to generate more than 500 vehicle trips per day, the application shall also include a traffic impact analysis, by a Maine Registered Professional Engineer with experience in transportation engineering.
l. Any mobile home park expected to generate average daily traffic (ADT) of 200 trips or more per day shall have at least two (2) street connections with existing public streets. Any street within a park with an ADT of 200 trips or more per day, shall have at least two (2) street connections leading to existing public streets, other streets within the park, or other streets shown on an approved subdivision plan.
5. Parking Requirements
a. For each mobile home park lot there shall be provided two (2) off-street parking spaces. Each parking space shall contain a minimum area of 171 sq. ft. with minimum dimensions 9' by 19'. This requirement may be waived if an equivalent number of parking spaces is provided by the parking lane.
b. In addition to occupant parking, off-street guest and service parking shall be provided for within the boundaries of the mobile home park at a ratio of 1 space for each four (4) mobile home park lots. Such parking shall be hard-surfaced and the spaces shall be reserved for that sole use. This requirement shall be waived if a parking lane is provided with an equivalent number of spaces.
6. Utility Requirements
All mobile home parks shall provide permanent electrical, water, and sewage disposal connections to each mobile home lot in accordance with applicable state and local rules and regulations.
The mobile home park shall contain pedestrian walkways that link all units and all service and recreational facilities. Such walkways shall be adequately surfaced, maintained, and lit. A portion of the road surface may be reserved for walkways provided the roadway width is increased accordingly. Walkways shall be a minimum width of three (3') feet.
Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.
Signs and advertising devices shall be prohibited in a mobile home park, except:
a. One (1) identifying sign at each entrance of the mobile home park no larger than 32 sq. ft. which may be indirectly lit, but not flashing.
b. Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc.
c. Mobile/manufactured home "for sale" signs, provided that such signs that face a public road shall be no more than ten (10) sq. ft. and shall be limited to two (2) signs per mobile home park.
d. Mobile/manufactured homes address signs. The styles and location of the identifying sign shall not interfere with vehicle sight distance and shall be constructed in accordance with the local sign ordinance.
At least 100 cubic feet of enclosed tenant storage facilities shall be conveniently provided on or near each mobile home park lot for the storage of materials and equipment.
11. Storm Drainage
A storm drainage plan shall be prepared by a Maine Registered Professional Engineer showing ditching, culverts, storm drains, easements, and other proposed improvements sufficient to accommodate a 25-year storm.
12. Ground Water
a. 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 ground water quality. The hydrogeologic assessment shall be prepared by a Maine Certified Geologist or a Maine Registered Professional Engineer, experienced in hydrogeology, and shall contain at least the following information:
1. A map indicating the basic soil types (medium intensity).
2. The depth to the water table at representative points throughout the mobile home park.
3. Drainage conditions throughout the mobile home park.
4. Data on the existing ground water quality, either from test wells in the mobile home park or from existing wells on neighboring properties.
5. An analysis and evaluation of the effect of the mobile home park on ground water resources. The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park, at the mobile home park boundaries and at a distance of 1000' 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.
6. A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the mobile home park and within 200' of the mobile home park boundaries.
b. Projections for ground water quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).
1. No mobile home park shall increase any contaminant concentration in the ground water to more than one half of the Primary Drinking Water Standards. No mobile home park shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.
2. If ground water contains contaminants in excess of the primary standards, and the mobile home park is to be served by on-site ground water supplies, the applicant shall demonstrate how water quality will be improved or treated.
3. If ground water contains contaminants in excess of the secondary standards, the mobile home park shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.
c. 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.
13. Park Administration
a. The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to State laws. Compliance with this Ordinance shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.
b. No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and meeting the appropriate lot size, lot width, setback, and other requirements. The plan to be recorded at the Registry of Deeds and filed with the town shall include the following restrictions as well as any other notes or conditions of approval.
1. The land within the park shall remain in unified ownership and the fee to lots or portions of the lots shall not be transferred.
2. No dwelling unit other than a manufactured housing unit shall be located within the park.
8.3 Manufactured Housing
A. All manufactured housing units to be relocated to the town from another municipality shall be placed on a permanent foundation, have residential siding, and a pitched roof covered with shingles.
B. The following standards shall apply to all manufactured housing built before June 15, 1976, or not built according to the National Manufactured Housing Construction and Safety Standards Act of 1974, US Code, Title 42, Chapter 70, to be located on an individual lot or in a mobile home park in the Town of Limestone. These design requirements shall not be applied to prevent relocation of units from within the town constructed prior to June 15, 1976 that were legally sited in town as of August 4, 1988.
1. Exit Facilities - Exterior Door
a. Required egress doors shall not be located where a lockable interior door must be used in order to exit.
b. Homes shall have a minimum of two (2) exterior doors not less than 12' from each other as measured in any straight line direction regardless of the length of the travel between doors. One of the required doors must be accessible from the doorway of each bedroom without traveling more than 35'.
c. All exterior swinging doors shall provide a minimum of 28" wide by 74" high clear opening. All exterior sliding glass doors shall provide a minimum of 28" wide by 72" high clear opening. Locks shall not require the use of a key from the inside.
2. Exit Facilities - Egress Windows and Devices
Homes shall have the following emergency egress facilities:
a. Every room designed expressly for sleeping purposes, unless it has an exit door, shall have at least one outside window or approved exit device. If an exit window or device is installed, it shall be listed in accordance with procedures and requirements of AAMA 1704-1985.
b. The bottom of the window opening shall not be more than 36" above the floor.
c. Locks, latches, operating handles, tabs, and any other window, screen or storm window devices, which need to be operated in order to permit exiting, shall not be located in excess of 54" from the finished floor.
3. Interior Doors
Each interior door, when provided with a privacy lock, shall have a privacy lock that has an emergency release on the outside to permit entry when the lock has been locked by a locking knob, lever, button or other locking devices on the inside.
4. Fire Detection Equipment
a. At least one operating smoke detector shall be installed in the home in the following locations:
1. A smoke detector shall be installed on any wall in the hallway or space communicating with each bedroom area between the living area and the first bedroom door, unless a door separates the living area from that bedroom area, in which case the detector shall be installed on the living area side as close to the door as practical. Homes having bedroom areas separated by any one or combination of communication areas such as kitchen, dining room, living room, or family room (but not a bathroom or utility room) shall have at least one detector protecting each bedroom area.
2. When located in hallways, the detector shall be between the return air intake and the living area.
3. The smoke detector shall not be placed in a location which impairs its effectiveness.
4. Smoke detectors shall be labeled as conforming with the requirements of Underwriters Laboratory Standards No. 217, Third Edition, 1985, as amended through Oct. 8, 1985.
5. Each smoke detector shall be installed in accordance with its listing. The top of the detector shall be located on a wall 4" to 12" below the ceiling. However, when a detector is mounted on an interior wall below a sloping ceiling, it shall be located 4" to 12" below the intersection on the connecting exterior wall and the sloping ceiling (cathedral ceilings).
5. Flame Spread
a. Ceiling interior finish shall not have a flame spread rating exceeding 75.
b. Walls or ceilings adjacent to or enclosing a furnace or water heater shall have an interior finish with a flame spread rating not to exceed 25. Sealants and other trim material 2" or less in width used to finish adjacent surfaces within this space are exempt if supported by framing members or by materials having a flame spread rating not exceeding 25.
c. Exposed interior finishes adjacent to the cooking range shall have a flame spread rating not exceeding 50.
d. Kitchen cabinet doors, countertops, back splashes, exposed bottoms, and end panels shall have a flame spread rating not exceeding 200.
e. Finish surfaces of plastic bathtubs, shower units, and tub or shower doors shall not exceed a flame spread rating of 200.
f. No burner of a surface cooking unit shall be closer than 12" horizontal to a window or an exterior door.
6. Kitchen Cabinet Protectors
a. The bottom and sides of combustible kitchen cabinets over cooking ranges, to a horizontal distance of 6" from the outside edge of the cooking range, shall be protected with at least 5/16th" thick gypsum board or equivalent limited combustible material. One-inch nominal framing members and trim are exempted from this requirement. The cabinet area over the cooking range or cook tops shall be protected by a metal hood with not less than a 3" eyebrow projecting horizontally from the cabinet face. The 5/16th" thick gypsum board or equivalent material which is above the top of the hood may be supported by the hood. A 3/8th" enclosed air space shall be provided between the bottom surface of the cabinet and the gypsum board or equivalent material. The hood shall be at least as wide as the cooking range.
b. The metal hood shall not be required if there is an oven installed between the cabinet and the range.
c. Ranges shall have a vertical clearance above the cooking top of not less than 24" to the bottom of combustible cabinets.
Carpeting shall not be used in a space or compartment designed to contain only a furnace and/or water heater. Carpeting may be installed in other areas where a furnace or water heater is installed, provided that it is not located under the furnace or water heater.
8. Roof Loads
All homes with roofs added after construction shall require a professional engineer to inspect the roof to determine that the roof and the home can withstand the rigors of a Maine winter or wind uplifts that may occur.
9. Heating and Fuel Burning System
A person holding a master license issued by the State of Maine Oil and Solid Fuel Examining Board shall inspect and certify that the heating and fuel system meets the requirements of NFPA-31 Installation of Oil Burning Equipment as adopted by the Board, or other applicable standards.
10. Electrical System
A person holding a master license issued by the State of Maine Electricians Examining Board shall inspect and certify that the electrical system is safe and meets the requirements of the National Electrical Code in affect at the time the home was constructed.
Section 9 Site Design Review
9.1 Purposes for Site Design Review
The purposes of this section are:
A. To provide for the town review of projects that could impact on the environment and the community;
B. To promote and protect the health, welfare, and safety of the residents of Limestone;
C. To provide local protection from those particular nuisances which are not governed by State law or regulation;
D. To balance the rights of landowners to use their land with the corresponding right of abutting or neighboring landowners to live without undue disturbance from nuisances such as noise, smoke, dust, odor, glare, traffic stormwater runoff, or the pollution of ground or surface waters;
E. To reduce the off-site problems associated with development, thereby decreasing the cost of maintaining or improving town services;
F. To conserve's the town's natural beauty and visual character by ensuring that structures, signs, and other improvements and uses of land are sited and developed with due regard to the aesthetic qualities of the natural terrain and that proper attention is given to exterior appearances of structures, signs, other improvements, and uses of land; and
G. To implement the policies and strategies of the comprehensive plan.
9.2 Applicability of Site Design Review
A. Site Design Review by the Planning Board in conformity with the criteria and standards of this section shall be required for the following:
1. Uses in each District which require Site Design Review as identified in Section 5, District Regulations, of this Ordinance;
2. A change in use when the new use is subject to Site Design Review;
3. Resumption of conforming uses which have been discontinued for at least two (2) years which would require Site Design Review if being newly established;
4. The initial placement of above ground fuel storage tank(s) which contain 660 gallons in total or in combination;
5. The construction of multi-family dwellings, cluster developments, mobile home parks, or other non-residential uses;
6. The addition(s) to a multi-family dwelling, cluster developments, mobile home parks, or other non-residential uses, having a total gross floor area in excess of one thousand (1000) square feet cumulatively within a three (3) year period;
7. The construction or alteration of any parking area(s) in excess of ten (10) parking spaces;
8. The construction of any impervious surface in excess of two thousand (2000) square feet cumulatively within a three (3) year period;
9. The alteration of a water course, ditch, or swale;
10. The change of use of any portion of any existing building or structure in excess of one thousand (1000) square feet cumulatively within any three (3) year period;
11. The change in on-site vehicle access of any existing parking lot or driveway; or
12. Filling, grading, or excavation projects which move in excess of one hundred (100) cubic yards of materials.
Not withstanding the above:
1. Single-family and two-family (duplex) residential dwellings to be located on individual lots, including their basement excavations, are exempt from the requirements of this Ordinance. Except for single-family and two-family (duplex) residential dwellings on individual lots to be located in a mobile home park or cluster development or in the AP-Accident Potential District.
2. In addition, the following activities are exempt: repairs, replacement, and/or normal maintenance not requiring structural elements, decorative changes in existing structures or buildings, provided that the activity is in conformance with federal, state, and/or local laws and does not involve any other physical modifications or changes requiring a permit under this Ordinance.
9.3 Site Design Approval
A. All development projects defined shall require the approval of the Planning Board as provided by this Ordinance.
B. A public hearing may be scheduled for any application if the proposed development poses the potential for significant impacts to town facilities or natural resources. Said hearing shall be conducted prior to final action by the Planning Board on the application.
C. All site design approvals shall expire within one (1) year of the date of final Planning Board approval, unless work thereunder is commenced and 50% of the approved plan is completed and an extension is approved by the Planning Board for an additional year. If work is not completed within two (2) years from the date of final Planning Board approval, a new application must be made. There will be no additional charge.
D. In the event that a site design is recorded with the Registry of Deeds without approval of the Planning Board, the design shall be considered null and void, and the Planning Board shall institute proceedings to have the design stricken from the records of the Registry of Deeds. Any site design not recorded in the Registry of Deeds within ninety (90) days of the date of final approval of the Planning Board shall become null and void.
E. The approval by the Planning Board of a site design shall not be deemed to constitute or be evidence of any acceptance by the town of any street, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the town, approval of the design shall not constitute an acceptance by the town of such areas. The Planning Board shall require the design to contain appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the town officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.
F. Site Design approval is not required for the normal and customary practices and structures associated with agriculture as defined in Section 2.2 of this Ordinance. and sand and gravel pits approved or established prior to March 10,1990.
9.4 Site Design Notification
A. The Town Clerk shall notify all property owners within (500) feet of the property involved and such other property owners as the Planning Board may deem necessary. It shall be the responsibility of the applicant to supply the names and mailing addresses of the abutting or other identified property owners. Failure to provide full documentation could delay the application. The notice shall include a description of the nature of the applicant's proposal and the time and place of the Planning Board meeting or the public comment time period required.
B. The Town Clerk shall notify the property owners of the site design review request at least fourteen (14) days before the first workshop meeting and first public hearing, if a public hearing is necessary, where the application will be discussed. The Planning Board shall not make a decision on the application for a period of thirty (30) days after the date the Planning Board has determined that the application is complete to provide an opportunity for public comment.
C. The agenda of Planning Board meetings shall be published in a local newspaper at least seven (7) days before the date of the meeting and displayed in two (2) places of general public access. The agenda notice shall include a brief description of the application and the Ordinance(s) by which the proposal is to be reviewed.
9.5 Site Design Fees and Guarantees
A. An application for site design approval shall be accompanied by a fee of twenty-five (25) dollars plus ten (10) dollars per 2,000 square feet of total gross floor area for non-residential applications. This application fee shall be made payable to the "Town of Limestone" and shall not be refundable.
B. The developer shall pay a site design inspection fee. Said fee shall consist of the actual costs, including administrative costs, for inspection by the CEO of all required site design improvements, which improvements include but are not limited to building setbacks, sanitary sewers, storm drains, drainage and erosion control, catch basins, manholes, other improvements constructed chiefly below grade, curbing, paving, sidewalks, lighting, and landscaping. The inspection fee shall be equal to two percent (2%) of the estimated cost of required site design improvements, not including principal structures.
C. The Planning Board may require that an expert consultant(s) review one or more submissions of an application and report as to compliance or non-compliance with this Ordinance, and advise if necessary, of procedures which will result in compliance. The consultant shall estimate the cost of such review and the applicant shall deposit with the town the full estimated cost which the town shall place in an escrow account. The town shall pay the consultant from the escrow account. If the balance in the escrow account is drawn down by 75%, the Board shall notify the applicant and require an additional amount. Any balance in the account remaining after a final decision on the application has been rendered shall be returned to the applicant. The consultants shall be fully qualified to provide the required information and shall be mutually acceptable to the town and the applicant.
D. At the time of approval of the application for site design review, the Planning Board may require the applicant to tender either a certified check payable to the "Town of Limestone", an irrevocable letter of credit from a lending institution, or a performance bond payable to the "Town of Limestone" as indicated in Article III, Section 10.7 herein, issued by a surety company in an amount adequate to cover the total costs of all required improvements, taking into account the time-span of the bond and the effects of inflation upon costs. The conditions and amount of the guarantee shall be reasonably necessary to ensure the completion of all improvements required as condition of approval of the application, in such form as approved by the Planning Board and the town. The town shall have access to the site to review the progress of the work and shall have the authority to review all records and documents related to the project.
F. The developer shall provide a one year defect bond upon completion of all public improvements. The amount of the defect bond shall be fifty percent (50%) of the amount of those public improvements approved as part of the site design. The bond shall be placed in an account in the town's name. The bond, including accrued interest, remaining in the account and which has not been spent or appropriated shall be returned to the applicant within three-hundred and sixty (360) days from date of final Planning Board approval.
E. Irrespective of any other provision of this Ordinance, the Planning Board shall not consider an application complete if the applicant fails to pay any of the fees, bonds, or guarantees, or appeals any fee, bond, or guarantee determination. If the applicant appeals the payment of any fees, bonds, or guarantees to the Board of Appeals, the Board shall decide whether the fee, bond, or guarantee is reasonable for the purpose found necessary by the Planning Board. The fee, bond, or guarantee shall be placed into an appropriate account in the town's name. The money, including any accrued interest, remaining in the account and which has not been spent or appropriated, shall be returned to the applicant within thirty (30) days after the Planning Board issues its final decision on the proposal.
9.6 Site Design Application and Review Process
A. A person informed by the Code Enforcement Officer or Planning Board that they require Site Design Review approval shall file a Site Design Review application with the Code Enforcement officer on forms provided for the purpose. It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the design criteria and standards of Section 9.8, herein.
B. All applications shall be made by the owner of the property or their agent, as designated in writing by the owner. A site design application must be diligently pursued from the date of submission.
C. The Code Enforcement Officer shall make an initial determination of the completeness of the application, which shall be subject to the final determination of the Planning Board. Any application which the Code Enforcement Officer initially determines to be incomplete shall not be passed on to the Planning Board, but shall be returned to the applicant by the Code Enforcement Officer with a written notice of the additional information required. The written notice shall set forth those items which need to be submitted and that the applicant will have one hundred and twenty (120) days to complete the application. If the applicant fails to submit any item specified within the one hundred twenty (120) days of the date of said notice from the Code Enforcement Officer, the application shall expire and shall be deemed null and void. Nothing in this section shall prevent the Code Enforcement Officer from requiring additional information as otherwise permitted or required by the terms of this Ordinance. At such time that the additional information has been supplied, the Code Enforcement Officer shall pass the application on to the Planning Board for review and final determination of completeness.
D. Applications shall not be considered as having pending status and shall be subject to changes in local, state, or federal laws until the time they have been determined to be complete final applications by the Planning Board.
E. The Planning Board may require the applicant to undertake any study which it deems reasonable and necessary to insure that the requirements of the Ordinance are met. The cost of all such studies shall be borne by the applicant.
F. The following application process shall be followed to facilitate site design review.
1. Site Design Review Application Process
a. Upon receipt of an application for site design review from the Code Enforcement Officer, the Planning Board shall schedule the development for concept or final plan review at the next available Planning Board meeting. The Planning Board may advise the applicant whether concept plan review is appropriate prior to submission of a final plan; however, the applicant shall determine whether to seek concept or final plan review prior to submitting an application for final plan review. Neither concept or final plan review shall occur unless there is evidence that the required public notice has been given and the material required by Section 9.7(B) or Section 9.7(C) of this Ordinance is filed with the Planning Board in a timely manner. The application is distributed to the appropriate town departments. Final determination as to the completeness of applications for concept plan and final plan review shall be made by the Planning Board.
b. Concept Plan Review
Concept plan review is intended to provide the applicant with an opportunity to discuss the proposed development; obtain the Planning Board's comments prior to expending significant resources in furtherance of specific development plans; and gain an understanding of the review procedures, requirements, and standards. The Planning Board may identify issues that are to be addressed in the final plan application. No decision is made during concept plan review.
c. Final Plan Review
Within 60 days after determining that an application is a complete, the Planning Board may conduct a public hearing on the proposed development, if the development poses the potential for significant impacts to town facilities or natural resources, unless either the applicant or the Planning Board determines that additional workshops are necessary. The Planning Board shall issue a written decision approving, approving with conditions, denying, or tabling the final plan,. If the Planning Board tables the item, an additional public hearing must be held. If the Planning Board shall vote to approve the site design application, the Code Enforcement Officer shall issue a permit, provided that all other requirements of the Ordinance are met.
d. Statement of Findings
All findings and decisions by the Planning Board denying or conditionally approving any site design shall be made in writing or reduced to writing within thirty (30) days of the decision and shall state the reason(s) therefore sufficient to appraise the applicant and any interested member of the public of the basis for the decision. The Planning Board's decisions regarding site designs are appealable by the applicant or an abutter to the Board of Appeals. Site design decisions of the Board of Appeals are appealed to the Superior Court.
e. Applications Requiring Other Public Agency Review
1. The Planning Board may approve complete final applications subject to the condition that all necessary permits be received from agencies such as, but not limited to, the Army Corps of Engineers, Maine Department of Environmental Protection, Maine Department of Transportation, or Maine Department of Human Services. However, the Planning Board may require that approvals required by state or federal law be submitted to the town prior to final approval upon finding that the permits from state or federal agencies may have a significant effect on the site design application.
2. The Planning Board may request copies of the application to be forwarded to other town committee(s). The comments of the committee(s) are advisory to the Planning Board and shall pertain to the application's conformance with the review criteria of this Ordinance. The Planning Board may postpone final decisions regarding the application until such time as the comment from the town committee(s) has been submitted.
9.7 Site Design Application Requirements
A. Required Number of Copies
Final application for Site Design Review shall consist of eight (8) copies of the required information reduced to no larger than 11 inches by 17 inches (11" X 17"). The applications are to be submitted to the Code Enforcement Officer no later than twenty-one (21) days prior to the meeting at which the item is to be heard.
B. Concept Site Design Plan
1. The Planning Board may review applications as concept site design plans. These are applications that do not meet the final plan requirements. At a minimum, concept plan applications shall include the following information:
a. Concept Site Design Requirements.
1. Name and address of the owner of record and developer (if different);
2. Name of the proposed development;
3. Names and addresses of all property owners within 500 feet of the edge of the property line and others indicated by the Planning Board as being impacted;
3. Names and addresses of all consultants working on the project;
4. Graphic scale and north arrow;
5. A copy of the deed to the property, option to purchase the property, or other documentation to demonstrate right, title, or interest in the property on the part of the applicant;
6. Location and dimensions of any existing or proposed easements and copies of existing covenants or deed restrictions;
7. Name, registration number, and seal of the land surveyor, architect, engineer, and/or similar professional who prepared the plan;
8. All property boundaries, land area, and zoning designations of the site, regardless of whether all or part is being developed at this time;
9. Size, shape, and location of existing and proposed buildings on the site including dimensions of the buildings and setbacks from property lines;
10. Location and layout design of vehicular parking, circulation areas, loading areas, and walkways including curb cuts, driveways, parking space and vehicle turn around area dimensions;
11. Location and names of streets and rights-of-way within and within 200' adjacent to the proposed development;
12. Proposed finish grades and graphic arrows indicating the direction of storm water runoff;
13. Conceptual treatment of on and off site storm water management facilities;
14. Location and sizes of existing and proposed sewer and water services including connections;
15. Conceptual treatment of landscaping buffers, screens, and plantings;
16. Location of outdoor storage areas, fences, signs (front view and dimensions) , advertising features, and solid waste receptacles;
17. Concept map illustrating the area surrounding the site which will be affected by the proposal including all streets, sidewalks, intersections, storm water drainage ways, sanitary sewer lines and pump stations, nearby properties and buildings, zone districts, and geographic features such as, but not limited to, wetlands, natural features, historic sites, flood plains, significant scenic areas, and significant wildlife habitats as provided in the Comprehensive Plan; and
18. Plans for all proposed exterior lighting including the location, type of light, radius of light, manufacturer's specifications sheet, and the ground level intensity in footcandles.
b. Project Description
The project description is to describe the proposal, its scheme of development, and proposed land uses. The project description shall also include estimates from qualified professionals as to the anticipated gallons per day of waste water, the number of vehicles entering and leaving the site during the day (and at peak traffic hours), the increased amount of storm water runoff, and the rate of the storm water runoff of the post-development site.
C. Final Site Design Plan
The final site design plan application shall include all information required in Section ¬9.7(B), above and in addition shall require the following information:
a. Boundary Survey: Prepared by a licensed Maine surveyor indicating the boundaries, permanent markers, encumbrances, and topography of the site.
b. Storm Water Management Plan: Prepared by a Maine licensed professional engineer analyzing the proposal's impact on existing storm water facilities and watersheds. The storm water management plan shall include a map of all watersheds significantly impacted by the proposal and identify all areas of existing or anticipated flooding, locations of existing and proposed culverts, pipes, detention ponds, and flow restrictions to be affected by the proposal. The storm water management plan shall comply with the review criteria found in this Ordinance.
c. Finish Grading Plan: Prepared by a Maine licensed professional engineer or landscape architect indicating the final grading of the site, the amount of fill to be imported to or exported from the site, and graphic arrows indicating the direction of storm water run off.
d. Site Improvement Details: Including sufficient information to enable the creation of an itemized cost estimate for all required on/or off site improvements.
e. Building Elevations: Scale plans of exterior building surfaces including materials, doorways, and advertising features.
f. Additional Information: Additional information as deemed necessary to review the proposal's conformance with the site design review criteria and technical standards. Additional information may address items such as, but not be limited to, traffic, wetlands, high intensity soils, environmental analyses, or the interpretation of the data by town consultants. Additional information shall be financed pursuant to the consulting fees of this Ordinance.
g. General topography of the site.
h. High intensity soils classifications of the soils located on the site.
i. A copy of any variances granted or deed restrictions on the subject use or property. Such variances and/or restrictions shall be noted on the final (recording) copy of the plan.
D. Waiver of Required Information
The Planning Board may waive the submittal of required application materials for developments upon finding that the specific information is unnecessary in order to review the application's conformance with this Ordinance. Such waiver(s) shall be noted on the final (recording) copy of the plan.
E. Final Copies of the Plan
The applicant shall submit three (3) signed copies of the final approved plan to the Code Enforcement Officer. One copy shall be retained by the Planning Board as part of its permanent records. One copy shall be forwarded to the Tax Assessor. One copy shall be forwarded to the Code Enforcement Officer.
9.8 Site Design Criteria and Standards
The following criteria and standards shall be utilized by the Planning Board in reviewing applications for site design approval. It should be noted that these design criteria and standards do not apply to mobile home park developments. The standards are not intended to discourage creativity, invention, or innovation. The Planning Board may waive the criteria presented in this section upon a determination by the Planning Board that the criteria are not applicable to the proposed action or upon a determination by the Planning Board that the application of these criteria are not necessary to carry out the intent of this Ordinance. The Planning Board shall approve the site design unless the plan does not meet the intent of the following criteria.
A. Conformance with Comprehensive Plan: The proposed development shall be located and designed in such a manner as to be in conformance with the town's comprehensive plan.
B. Traffic: The proposed development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways, public roads or pedestrian walkways existing or proposed. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development. The Planning Board may require mitigation when the proposed development is anticipated to result in a decline in service, below Level of Service "C", of nearby roadways of intersections. Levels of service are defined by the Highway Capacity Manual, Special Report #209, published by the Research Board, National Research Council, Washington DC, 1985. If an existing intersection is functioning at a Level of Service of "D" or lower prior to the development, the project shall not reduce the current level of service. A copy of the application shall be provided to the appropriate town authority(s), and to the Maine Department of Transportation if on a state maintained road, for timely review and comment. The Planning Board may approve a development not meeting this requirement if the applicant demonstrates that:
1. A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard, or
2. The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will guarantee the completion of the improvements within one (1) year of project approval.
C. Site Access: Vehicular access to the development shall provide for safe and convenient access and shall be in conformance with the Technical Standards of this Ordinance. A copy of the application shall be provided to the appropriate town authority(s), and to the Maine Department of Transportation if on a state maintained road, for timely review and comment.
D. Parking and Vehicle Circulation: The proposed plan provides for adequate parking and vehicle circulation and shall be in conformance with the Technical Standards of this Ordinance. A copy of the application shall be provided to the appropriate town authority(s) for timely review and comment. The layout of the site shall provide for the safe movement of passenger, service, and emergency vehicles throughout the site.
1. Projects shall provide a clear route for delivery vehicles with appropriate geometric design to allow turning and backing for vehicles expected to use the facility.
2. Clear routes of access shall be provided and maintained for emergency vehicles to all portions of the site and shall be posted with appropriate language.
3. The layout and design of dedicated parking areas provided on-site or within a reasonable walking distance from the site shall provide for safe and convenient circulation of vehicles throughout the lot, shall prohibit vehicles from backing out onto a street.
4. All streets and accessways shall be designed to follow the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all season emergency access, snow storage, delivery and collection services.
E. Pedestrian Circulation: The development plan shall provide for a system of pedestrian circulation within the development. This system shall connect with existing sidewalks if they exist in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system shall be designed to link residential units with recreational and commercial facilities, other common facilities, school bus stops, existing sidewalks in the neighborhood, and shall be in conformance with the Technical Standards of this Ordinance. A copy of the application shall be provided to the appropriate town authority(s) for timely review and comment.
F. Site Conditions:
1. During construction, the site shall be maintained and left each day in a safe and sanitary manner. The site area shall be regularly sprayed to control dust from construction activity.
2. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon request and to the satisfaction of the Code Enforcement Officer.
3. No changes in elevation shall be made of any lot or site by the removal of earth to another lot or site other than as shown on an approved site design plan. Minimal changes in elevations or contours necessitated by field conditions may be made only after approval has been obtained from the Code Enforcement Officer.
G. Open Space:
1. Common open space shall be contiguous, where possible.
2. Common open space as shown on any approved development plan shall contain a notation that common open space areas shall not be further developed for any other use.
3. When reviewing the location and type of open space designated in an application, the Planning Board shall require:
a. Individual lots, buildings, streets, and parking areas shall be designed and situated:
1. to minimize alterations of the natural site;
2. to avoid the adverse effects of shadows, noise, and traffic on the residents of the site; and
3. to relate to the surrounding properties, to improve the view from and of buildings.
b. Diversity and originality in lot layout and individual building, street, parking, and lot layout shall be encouraged.
c. Open space shall include irreplaceable natural features located on the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and rock outcroppings).
d. Open space intended for recreation or public use shall be determined by the size, shape, topographic, and location requirements of the site.
H. Sanitary Sewage: A sanitary sewer system shall be installed at the expense of the developer, or, if in the opinion of the Planning Board, service by a sanitary sewer system is not feasible, the Board may allow individual underground waste water disposal systems to be used. The proposed development will not cause an unreasonable adverse effect to the town sewerage treatment facilities and will not aggravate an existing unhealthy situation. A copy of the application shall be provided to the sewer authority for timely review and comment.
1. Upstream sewage flows shall be accommodated by an adequately sized system through the proposed development for existing conditions and potential development in the upstream area or areas tributary to the proposed development.
2. When not serviced by a public sewerage system, the approval of a application shall be subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for on-site waste water disposal. All individual on-site systems shall be designed by a Maine licensed soil evaluator in full compliance with the Maine State Plumbing Code, as amended. Upon the recommendation of the local Plumbing Inspector, the Planning Board may require the location on the individual lots of reserve areas for replacement systems.
I. Water: The development shall be provided with a system of water supply that provides each use with an adequate supply of water meeting the standards of the State of Maine for drinking water. The proposed development will not cause the depletion of local water resources or be inconsistent with the service plan of the Limestone Water District. A copy of the application shall be provided to the water district for timely review and comment.
J. Emergency Vehicle Access: All site design applications shall be reviewed by the Fire Chief or their designee and shall receive the approval for conformance with applicable technical standards. The proposed development shall be located and designed in such a way as to provide and maintain convenient and safe access and response time for emergency vehicles or mitigates inadequate access or response time by providing adequate safety features as part of the proposed development.
K. Waste Disposal: The proposed development shall provide for adequate disposal of solid wastes and hazardous wastes. A copy of the application shall be provided to the solid waste coordinator for timely review and comment.
1. All solid waste shall be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.
2. All hazardous waste shall be disposed of at a licensed hazardous waste disposal facility and evidence of a contractual arrangement with the facility shall be submitted.
3. All commercial and industrial developments shall devote floor space suitable to accommodate two (2) recycling containers designed to hold at least one cubic yard of recyclable materials such as, but not limited to, office paper and corrugated cardboard. The floor space requirement shall be met for every 2,500 square feet of floor area.
L. Buffering: The proposal provides for adequate on-site buffering in the vicinity of property boundaries, when required. On-site buffering is required:
1. wherever commercial, industrial, or other non-residential development is proposed adjacent to or across a street from residential or agricultural uses or districts; and
2. as required by the Technical Standards of this Ordinance.
M. Natural Areas: The proposal does not cause significant adverse impacts to natural resources or areas such as wetlands, significant geographic features, significant wildlife and marine habitats, and natural fisheries. A copy of the application shall be provided to the Maine Department of Inland Fisheries and Wildlife, the Natural Areas Program, and to the local office of the Maine Department of Environmental Protection for timely review and comment. The proposal shall be consistent with the recommendations of the Departments.
N. Exterior Lighting: All exterior lighting shall be designed to encourage energy conservation and efficiency, to ensure the safe movement of people and vehicles, to minimize adverse impact on neighboring properties and public ways. Adverse impact is to be judged in terms of hazards to people and vehicular traffic and potential damage to the value of adjacent properties. Lighting shall be arranged to minimize glare and reflection on adjacent properties and the traveling public and shall be in conformance with the Technical Standards of this Ordinance.
O. Storm Water Management: The plan provides for adequate storm water management facilities so that the post development runoff rate will be no greater than the predevelopment rate, the removal of storm water will not adversely affect neighboring properties, and that there is no adverse downstream impact. Proposed storm water detention facilities and calculations shall provide for the control of twenty-five year storm frequency rates. On-site absorption shall be utilized to minimize discharges whenever possible. The design, construction, and maintenance of private facilities are not anticipated to cause the expenditure of additional town resources for maintenance of private storm water management facilities. Maintenance responsibilities shall be reviewed to determine their adequacy. Emphasis shall be placed on the protection of floodplains and wetlands; preservation of stream corridors; establishment of drainage rights-of-way; and the adequacy of the existing system; and the need for improvements, both on and off site, to adequately control the rate, volume, and velocity of storm drainage.
1. All components of the stormwater management system shall be designed to infiltrate, detain, or retain water falling on the site so as to limit peak discharge rates to predevelopment levels for the 2-year, 10-year, and the 25-year frequency, 24-hour duration storms, based on rainfall data for Caribou, Maine.
2. The proposed stormwater management system shall be designed by a Maine Registered Professional Engineer or other person duly qualified to undertake the design. The designer of the system shall evaluate the effectiveness of various stormwater methods and develop and make available for review the hydraulic computations based on accepted engineering practices.
3. The design of piped or open channel systems shall be based on a ten (10) year flow frequency without overloading or flooding beyond channel limits. In addition, the areas expected to be flooded by runoff of a twenty-five (25) year frequency shall be designated, and no structures shall be planned within such area.
4. Adequate provision shall be made for disposal of all stormwater generated within the development, and any drained ground water, through a management system of swales, culverts, underdrains, and storm drains.
5. Rights-of-way or easements shall be designated for all components of the stormwater management system lying outside of established street lines. Wherever the storm drainage system is not within the right-of-way of a public street, perpetual easements shall be provided to the town allowing maintenance and improvement of the system. Such rights-of-way shall be at least thirty (30) feet in width.
6. The stormwater management system shall take into consideration the upstream runoff which must pass over or through the development site. The system shall be designed to pass upstream flows generated by a twenty-five (25) year frequency through the proposed development without overloading the system or flooding areas not specifically planned for such flooding.
7. Downstream drainage requirements shall be studied to determine the effect of the proposed development. The storm drainage shall not overload existing or future planned storm drainage systems downstream from the development. The applicant shall be responsible for financing any improvements to existing drainage systems required to handle the increased storm flows.
8. Where permanent embankment-type storage or retention basins are planned, the basins shall be designed in accordance with good engineering practice, such as outlined in the Soil Conservation Service Engineering Field Manual or other appropriate references.
9. Any grading or other construction activity on the site shall not cause unreasonable alteration of natural drainage ways such that drainage, other than that which occurred prior to development, shall adversely affect adjacent parcels of land and that drainage ways flowing from adjacent parcels of land to the development site shall be impeded.
10. The developer shall maintain all components of the stormwater management system until it is formally accepted by the town or a quasi-municipal district, or is placed under the jurisdiction of a legally created association that shall be responsible for the maintenance of the system. The charter of such an association must be acceptable to the Planning Board.
11. The stormwater management system shall be fully coordinated with project site plans, including consideration of street patterns, pedestrian ways, open space, building siting, parking areas, recreational facilities, and other utilities, especially sanitary wastewater disposal facilities.
12. When the construction of a development is to occur in phases, the planning of the stormwater management system should encompass the entire site which may ultimately be developed, and not limited to an initial or limited phases of the development.
13. The minimum pipe size for any storm drainage pipe shall be fifteen (15) inches for driveway entrances and eighteen (18) inches for cross culverts. Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two (2) feet. Pipe shall be bedded in a fine granular material, containing no stones larger than three (3) inches, lumps of clay, or organic matter, reaching a minimum of six (6) inches below the bottom of the pipe extending to six (6) inches above the top of the pipe. Outlets shall be stabilized against soil erosion by stone riprap or other suitable materials which reduce water velocity. Catch basins shall be installed where necessary and located at the curb line.
14. The physical, biological, and chemical properties of the receiving waters shall not be unreasonably degraded by the stormwater runoff from the development site.
15. Storm Drainage Construction Standards.
1. Storm drainage pipes shall conform to the requirements of MDOT Standard Specifications for Highways and Bridges, latest edition, materials specifications Section 706 for non-metallic pipe and Section 707 for metallic pipe. Plastic (polyethylene) pipes shall not be installed except in closed systems such as street underdrains. Bituminous-coated steel pipes shall not be used.
2. Where the storm drainage pipe is to be covered by ten (10) feet or more of fill material, pipe material with a fifty (50) year life shall be used. These materials include concrete pipe, polymer coated galvanized corrugated steel pipe, polyvinylchloride (PVC) pipe, and corrugated aluminum alloy pipe.
b. Pipe Gauges
Metallic storm drainage pipe shall meet the following thickness requirements depending on pipe diameter:
c. Drain inlet alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Board, after consultation with the Town Engineer.
d. Manholes shall be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes shall be placed at a maximum of 400 foot intervals.
16. Upon completion, each catch basin or manhole shall be cleaned of all accumulation of silt, debris, or foreign matter and shall be kept clean until final acceptance.
P. Erosion and Sedimentation Control: The proposed development includes adequate measures to control erosion and sedimentation and will not contribute to the degradation of nearby streams, water courses, or lowlands by virtue of soil erosion or sedimentation. The erosion control measures are to be in conformance with the most current standards of the Maine Soil and Water Conservation Commission. The following measures shall be included where applicable as part of any review and approval.
1. Stripping of vegetation, regarding or other development shall be done in such a way as to minimize erosion.
2. Development shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with the topography so as to create the least amount of erosion potential, and so as to adequately handle surface water run-off.
3. The disturbed area and the duration of exposure of the disturbed area shall be kept to a practical minimum.
4. Disturbed soils shall be stabilized as quickly as practical.
5. Temporary vegetation, mulching, or other acceptable measures shall be used to protect exposed critical areas during development.
6. The permanent (final) vegetation and mechanical erosion control measure shall be installed as soon as practical on the site.
7. Until the disturbed area is stabilized, sediment in the run-off water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable measures.
8. Whenever sedimentation is caused by stripping vegetation, regarding or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses, and to repair any damage at their expense as quickly as possible.
9. Any activity on a stream, watercourse, or swale or upon a floodway or right-of-way shall comply with the Limestone’s Shoreland Zoning ordinance and the State's Natural Resources Protection Act, Title 38 MRSA, Sections 480A-480S. Any such activity shall be conducted in such a manner so as to maintain as nearly as possible the present state of the stream, watercourse, swale, floodway, or right-of-way for the duration of the activity and shall be returned to its original or equal condition after such activity is completed.
10. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
11. The procedures outlined in a erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean-up stages.
12. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fifteen (15) calendar days after final grading has been completed. When it is not possible or practical to permanently stabilize disturbed land, temporary erosion control measures shall be implemented within thirty (30) calendar days of the exposure of soil.
13. Topsoil shall be considered part of the development and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations.
14. When vegetative cover shall be established as a temporary or permanent erosion control measure:
a. Plant species to be used and the seeding rates shall take into account soil, slope, climate, duration, and use of the vegetative cover.
b. Mulch shall be provided at rates appropriate to ensure a minimum of soil and seed loss until an acceptable "catch" of seed is obtained.
c. Reseeding shall be done within a reasonable period of time if there is not an acceptable "catch".
15. All development plans shall incorporate building designs and street layouts that fit and utilize existing topography and desirable natural surroundings to the fullest extent possible.
Q. Buildings: The bulk, location, and height of proposed buildings or structures will not cause health or safety problems to existing uses in the neighborhood, including without limitation those resulting from any substantial reduction in light and air or any significant wind impact.
R. Existing Landscaping: The landscape shall be preserved in its natural state, insofar as practicable, by minimizing to the greatest extent feasible any disturbance or destruction of significant existing vegetation, including mature trees over four (4) inches in diameter measured at 4.5 feet from ground level, soils, and significant vegetation buffers. If a site includes a ridge or ridges above the surrounding areas and provides for scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge. Existing vegetation and buffering landscaping are potential methods of preserving scenic vistas.
S. Infrastructure: The proposed development shall be designed so as to be consistent with off premises infrastructure, such as but not limited to, sanitary and storm sewers, waste water treatment facilities, roadways, sidewalks, trail systems, and street lights, existing or planned by the town.
T. Advertising Features: The size, location, design, color, texture, material, and lighting of all permanent signs and outdoor lighting fixtures shall not detract from the design of proposed buildings or neighboring properties and shall be in conformance with the Technical Standards of this Ordinance.
U. Design Relationship to Site and Surrounding Properties: The proposed development provides a reasonably unified response to the design constraints of the site and is sensitive to nearby developments by virtue of the location, size, design, and landscaping of buildings, driveways, parking areas, storm water management facilities, utilities storage areas, and advertising features.
V. Scenic Vistas and Areas: The proposed development shall not result in the loss of scenic vistas or visual connection to scenic areas as identified in the town's comprehensive plan.
W. Utilities: Utilities such as natural gas, propane, electric, telephone, and cable TV services located above ground shall be located so as not to be unsightly or hazardous to the public and shall be landscaped or otherwise buffered so as to screen the components from public view. The underground placement of utilities is encouraged.
X. Mineral Exploration: Mineral exploration to determine the nature and extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance. A permit from the Planning Board shall be required for mineral exploration which exceeds the above limitations.
Y. Technical Standards: The proposed development meets the requirements of Article 8.4 (Technical Standards) of this Ordinance, except as may be waived by the Planning Board.
Z. Phosphorus Export: Proposed development within the watershed of a lake or pond shall be designed to limit phosphorous runoff. The Planning Board shall keep an accurate record of permits issued by watershed using an appropriate record keeping system, and shall review actual development rates and recommend adjustments at five year intervals, subject to a reasonable appropriation by the town to conduct such an assessment, or the availability of adequate state or regional grant programs or technical assistance programs. Phosphorus export from a proposed development shall be calculated according to the procedures defined in "Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development", (Maine DEP et. al., 1989, as amended). Phosphorus control measures shall meet the design criteria contained in "Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development", (Maine DEP et. al., 1989, as amended). The Planning Board shall require the reasonable use of vegetative buffers, limits on clearing, and minimizing road lengths, and shall encourage the use of non-structural measures prior to allowing the use of high-maintenance structural measures such as infiltration systems and wet ponds.
9.9 Site Design Technical Standards
The following technical standards shall apply to all site designs, provided, where the Planning Board finds that due to special circumstances of a particular plan, the provision of certain required standards which are not requisite in the interest of public health, safety, and general welfare, may waive such requirements. It should be noted that the following technical standards do not apply to mobile home park developments.
A. Off-Street Parking and Loading
a. A permitted use in any district shall not be extended, and no structure shall be constructed or enlarged, unless off-street automobile parking space is provided in accordance with the requirements contained herein.
b. All parking spaces shall be 9 feet x 19 feet.
c. Parking areas with more than two (2) parking spaces shall be arranged so that it is not necessary for vehicles to back into the street.
d. Required off-street parking for all land uses shall be located on the same lot as the principal building or facility.
e. The joint use of a parking facility by two or more principal buildings or uses may be approved as an administrative appeal by the Board of Appeals where it is clearly demonstrated that said parking facilities would substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees on such establishments.
f. Parking spaces shall be provided as required and made available for use prior to the issuance of the Certificate of Occupancy.
2. Additional Requirements for Commercial and Industrial Establishments.
a. Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.
b. All parking areas, driveways, and other areas serving ten (10) or more vehicles shall be paved with bituminous 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.
c. All driveway entrances and exits shall be kept free from visual obstructions higher than three (3) feet above street level for a distance of 25 feet measured along the intersecting driveway and street lines in order to provide visibility for entering and leaving vehicles.
d. Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers, and containers for loading or storage shall not be located upon any town way.
e. The following minimum off-street loading bays or berths shall be provided and maintained in the case of new construction, alterations, and changes of use:
1. Retail, office, consumer services, wholesale, warehouse, and industrial operations with a gross floor area of more than 5,000 square feet require the following:
5,001 to 20,000 SF 1 bay
20,001 to 50,000 SF 2 bays
50,001 to 100,000 SF 3 bays
100,001 to 150,000 SF 4 bays
150,001 to 300,000 SF 5 bays
2. Each 150,000 square feet over 300,000 square feet requires (1) additional bay. No loading docks shall be located to face any street frontage. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed streets.
f. Off-street parking and loading spaces, where not enclosed within a building, shall be effectively screened from view by a continuous landscaped area not less than six (6) feet in height and fifteen (15) feet in width along exterior lot lines adjacent to residential properties, except that driveways shall be kept open to provide visibility for entering and leaving. No off-street parking and loading shall be permitted within the front setback or any setback adjoining a public street, except as specifically authorized in this Ordinance.
3. Parking Lot Design Criteria (except for single-family and duplex residential use).
a. Vehicular Entrance and Exit.
1. Entrances and exists should be clearly identified by the use of signs, curb cuts, and landscaping.
2. Entrance/exit design shall be in conformance with the standards contained within this Ordinance.
b. Interior Vehicular Circulation.
1. Major interior travel lanes should be designed to allow continuous and uninterrupted traffic movement.
2. Access to parking stalls should not be from major interior travel lanes and shall not be immediately accessible from any public way.
3. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
4. Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.
5. Enclosures, such as guardrails, curbs, fences, walls, and landscaping, should be used to identify circulation patterns of parking areas and restrict driving movements diagonally across parking aisles, but not to reduce visibility of oncoming pedestrians and vehicles.
6. Entrance/exits shall be designed to allow adequate stacking of vehicles without blocking interior vehicle circulation lanes.
7. All parking spaces and access drives shall be at least five (5) feet from any side or rear lot line, except for the additional requirements in buffer yards.
9. Aisle Width and Parking Angle: The width of all aisles and parking angles providing direct access to individual parking stalls shall be in accordance with the requirements below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than ninety (90) degrees.
Parking Angle (degrees) Aisle Width (feet)
0 (parallel parking) 12
90 (perpendicular parking) 25
9. Parking areas shall meet the shoreline setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities, in Districts other than the General Business and Industrial Districts, may be reduced to no less than fifty (50) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.
10. Parking areas in the Shoreland Areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, and where feasible, to retain all runoff on-site.
11. In paved parking areas painted stripes shall be used to delineate parking stalls. Stripes should be a minimum of 4" in width. Where double lines are used, they should be separated a minimum of 12" on center.
12. In aisles utilizing diagonal parking, arrows should be painted on the pavement to indicate traffic flow.
13. Bumpers and/or wheel stops shall be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways, or damage landscape materials.
4. Required Parking Spaces.
a. Parking spaces shall be provided to conform with the number required in the following schedule:
Activity Minimum Required Parking
with 2 or more bedrooms 2 spaces per dwelling unit
with 1 bedroom 1.5 spaces per dwelling unit
Elderly Housing 1 space per dwelling unit
Tourist home, boarding, lodging 1 space per room/unit rental and for each employee on the house, motel, hotel, inn largest shift
Church 1 space per three seats based upon max. seating capacity
Primary - 1.5 spaces per classroom
Secondary 8 spaces per classroom
Post-Secondary 1 space for each student and 1 space for each faculty and staff member
Child Care Facility 1 space for every 4 children facility is licensed to care for
Private Clubs or Lodges 1 space per every seventy-five (75) square feet of floor space
Theatre, Auditorium, Public
Assembly Areas 1 space per three seats based upon max. seating capacity
Funeral Homes 1 space for every 100 square feet of floor space
Medical Care Facilities 1 space for every three (3) beds and every two (2) employees on the maximum working shift
Offices, Banks 1 space for every 150 square feet of floor space
Medical Offices (MD's, OD's) 10 spaces for each doctor, dentist, or other medical practitioner
Veterinarian clinic, Kennel 5 spaces/veterinarian
Retail and Service Businesses 1 space for every 150 sq. ft. of floor space
Barber/Beauty Shop 4 spaces/chair
Restaurant 1 space per three seats based upon max. seating capacity
Industrial Businesses 1 space/employee on the maximum working shift
Warehouse, wholesale 1 space/500 sq. ft. floor area business
Flea Market 3 spaces/table
Mixed Use Total of individual uses.
Automobile Repair Garage and
Repair Gasoline Filling Stations 5 spaces for each bay or area used for work
Library, Museum, Art Gallery 1 space for each 150 sq. ft. of floor space
Commercial Recreation Facility, 1 space for each 100 sq. ft. of floor area
Motor Vehicle Sales 1 space reserved for customers per thirty
vehicles displayed on the lot.
1. Where the calculation of the aforementioned parking spaces results in a fractional part of a complete parking space, the parking spaces required shall be construed to be the next highest number.
2. The above are minimum standards, and additional parking spaces shall be required if these prove to be inadequate.
3. Where floor space is to be used in calculating the number of required parking stalls, gross floor area shall be used unless otherwise noted.
1. New Driveway Construction.
a. General: New driveway design shall be based on the estimated volume using the driveway classification defined below:
1. Low Volume Driveway: Less than 50 vehicle trips per day.
2. Medium Volume Driveway: 50-200 vehicle trips per day.
b. Sight Distances: Driveways should be designed in profile and grading and located to provide the required sight distance measured in each direction. Sight distances should be measured from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.5 feet above the pavement. The required sight distances are listed below for various designed speed limits.
Driveway Sight Distances*
Design Speed Minimum** Desired***
(MPH) (feet) (feet)
25 175 250
30 210 300
35 245 350
40 280 400
45 315 450
* Required exiting sight distance for a standard passenger vehicle to safely enter onto a 2-lane roadway from a complete stop, allowing approaching vehicles to adjust speed to avoid a collision.
** Approximately equivalent to 1.5 times the average stopping distance on wet pavement, 3% downgrade, as documented by AASHTO, 1990.
*** Ten times the design speed
c. Vertical Alignment: A driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Low volume driveways shall slope upward or downward from the gutter line on a straight slope of 2 percent or less for at least 25 feet followed by a slope of no greater than 10 percent for the next 50 feet. The maximum grade over the entire length shall not exceed 15 percent. Medium volume driveways should slope upward or downward from the gutter line on a straight slope of 2 percent or less for at least 25 feet. Following this landing area, the steepest grade on the driveway shall not exceed 8 percent.
d. Design Standards.
1. Low Volume Driveways.
a. Skew Angle. Low volume driveways shall be two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 75 degrees.
b. Curb Radius. The curb radius shall be between 5 feet and 15 feet, with a preferred radius of 10 feet.
c. Driveway Width. The width of the driveway shall be between 12 feet and 20 feet, with a preferred width of 16 feet.
d. Curb-Cut Width. Curb-cut width shall be between 22 feet and 46 feet, with a preferred width of 36 feet.
2. Medium Volume Driveways.
a. Skew Angle. Medium volume driveways shall be either one-way or two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 75 degrees.
b. Curb Radius. Curb radii will vary depending if the driveway is one-way or two-way accessway. On a two-way driveway the curb radii shall be between 25 feet and 40 feet, with a preferred radius of 30 feet. On one-way driveways, the curb radii shall be 30 feet for right turns into and out of the site, with a 5 foot radius on the opposite curb.
c. Width. On a two-way driveway the width shall be between 24 and 26 feet, with a preferred width of 25 feet, however where truck traffic is anticipated, the width may be no more than 30 feet. On a one-way driveway the width shall be between 16 and 20 feet, with a preferred width of 18 feet.
d. Curb-Cut Width. On a two-way driveway the curb-cut width shall be between 74 feet and 100 feet with a preferred width of 86 feet. On a one-way driveway the curb-cut width shall be between 46 feet and 70 feet, with a preferred width of 51 feet.
* raised median should be 6-10' wide, be 25'-100' in length (100') and have appropriate traffic control signage.
e. Driveway Location and Spacing.
1. Minimum Corner Clearance: Corner clearance shall be measured from the point of tangency for the corner to the point of tangency for the driveway. In general, the maximum corner clearance should be provided as practical based on site constraints. Minimum corner clearances are listed below based upon driveway volume and intersection type.
Minimum Driveway Standards for Corner Clearance
Minimum Corner Clearance (feet)
Driveway Type Signalized Unsignalized
Low Volume 150 50
Medium Volume 150 50
If based on the above criteria, full access to the site cannot be provided on either the major or minor streets, the site shall be restricted to partial access. Alternately, construction of a shared access drive with an adjacent parcel is recommended.
3. Driveway Spacing: Driveways shall be separated from adjacent driveways and property lines as indicated below, in order to allow major through routes to effectively serve their primary arterial function of conducting through traffic. This distance shall be measured from the driveway point of tangency to the driveway point of tangency for spacing between driveways and from the driveway point of tangency to a projection of the property line at the edge of the roadway for driveway spacing to the property line. Where two (2) or more two-way driveways connect a single site to any one (1) road, a minimum clear distance of one hundred (100) feet measured along the right-of-way line shall separate the closest edges of any two (2) such driveways. If one (1) driveway is two- way and one (1) is a one-way driveway, the minimum distance shall be seventy-five (75) feet.
Minimum Driveway Spacing
Minimum Minimum Spacing to Adjacent
Spacing to Driveway by Driveway Type2 (Dsp)3
Line (Dpl)1 Low Medium
Driveway Type (feet) (feet) (feet)
Low Volume 5 * 75
Medium Volume 10 -- 100
1 Dpl measured from point of tangency of driveway to projection of property line on road-way edge.
2 For two or more driveways serving a single parcel, or from a proposed driveway from an existing driveway.
3 Dsp measured from point of tangency of driveway to point of tangency of adjacent driveway.
* Low volume driveways are not permitted in combination with other driveway types on a single lot.
3. Shared Driveways: No part of any driveway shall be located within a minimum of five (5) feet of a side property line. However, the Planning Board may permit a driveway serving two (2) or more adjacent sites to be located on/or within five (5) feet of a side property line between the adjacent sites. Proof of easement shall be provided by the applicant to the Planning Board.
4. Acceleration Lanes: Where a driveway serves right-turning traffic from a parking area providing two hundred (200) or more parking spaces and the road has an ADT volume exceeding seven thousand five hundred (7,500) vehicles, an acceleration lane shall be provided which is at least two hundred (200) feet long and at least ten (10) feet wide measured from the road curbline. A minimum thirty-five (35) feet curb return radius shall be used from the driveway to the acceleration lane.
5. Deceleration Lanes: Where the same conditions exist as in the previous paragraph and a driveway serves as an entrance to a development, a deceleration lane shall be proved for traffic turning right into the driveway from the road. The deceleration lane shall be at least two hundred (200) feet long and at least ten (10) feet wide measured from the road curbline. A minimum thirty-five (35) foot curb return radius shall be used from the deceleration lane into the driveway.
f. Construction and Materials/Paving.
1. All driveways entering a curbed street shall be curbed with materials matching the street curbing. Curbing is required around all raised channelization islands or medians.
2. All commercial and industrial driveways regardless of driveway volume shall be paved with bituminous concrete pavement within 10 feet of the roadway right-of-way.
3. The remainder of the driveway should be constructed to the following specifications (MDOT Standard Specifications, section 703.06):
a. graded to a crown of no less than .5":12"; and
b. constructed of 12" Type D subbase gravel and 3" Type A base gravel.
4. Dust control shall be approved by the Code Enforcement Officer prior to being applied and shall be applied at time of construction with either calcium chloride, or an approved alternative, by being mixed with the gravel or sprayed on at completion of the driveway.
5. As a means of prolonging the life of the driveway and creating a pervious surface, 4 oz. woven or unwoven stabilization geo-textile may be used, as can properly constructed geo-web and blocks, grass paving rings, or other similar devices approved by the Code Enforcement Officer.
C. Roadway Access Control.
1. Where a lot has frontage on two or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.
2. Accessways to non-residential developments or to multi-family developments shall be designed to avoid queuing of entering vehicles on any street. Left lane storage capacity shall be provided to meet anticipated demand. A warrant analysis to determine the need for a left-turn storage lane shall be done, if necessary.
3. When the access to a development is a street, the Street Design and Construction Standards below shall be met. Where there is a conflict between standards, the stricter or more stringent shall apply.
Access design shall be based on the estimated volume using the access classification defined below. Traffic volume estimates shall be as defined in the Trip Generation Manual, latest edition, published by the Institute of Transportation Engineers.
1. Low Volume Roadway Access: An access with 0-50 vehicle trips per day or less.
2. Medium Volume Roadway Access: Any access with 50 or more vehicle trips per day but less than 200 peak hour vehicle trips per day.
b. Sight Distances: Access should be designed in profile and grading and located to provide the required sight distance measured in each direction. Sight distances should be measured from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.5 feet above the pavement. The required sight distances are listed below for various designed speed limits.
Roadway Sight Distances*
Design Speed Minimum** Desired***
(MPH) (feet) (feet)
25 175 250
30 210 300
35 245 350
40 280 400
45 315 450
* Required exiting sight distance for a standard passenger vehicle to safely enter onto a 2-lane roadway from a complete stop, allowing approaching vehicles to adjust speed to avoid a collision.
** Approximately equivalent to 1.5 times the average stopping distance on wet pavement, 3% downgrade, as documented by AASHTO, 1990.
*** Ten times the design speed
c. Vertical Alignment.
Accesses shall be flat enough to prevent the dragging of any vehicle undercarriage. Accesses shall slope upward or downward from the gutter line on a straight slope of 3 percent or less for at least 75 feet. The maximum grade over the entire length shall not exceed eight (8) percent.
d. Low Volume Accesses.
1. Skew Angle.
Low volume accesses shall be two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 60 degrees.
2. Curb Radius.
The curb radius shall be between 25 feet and 30 feet, with a preferred radius of 25 feet.
3. Access Width.
The width of the access shall be between 20 feet and 24 feet, with a preferred width of 20 feet.
Preferred Minimum Maximum
Item Value(FT) Value(FT) Value(FT)
Radius 25 25 30
Width 20 20 24
e. Medium Volume Accesses.
1. Skew Angle
Medium Volume Accesses shall be either one-way or two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 60 degrees.
2. Curb Radius.
Curb radii will vary depending if the access has one-way or two-way operation. On a two-way access the curb radii shall be between 25 feet and 40 feet, with a preferred radius of 30 feet. On one-way accesses, the curb radii shall be 30 feet for right turns into and out of the site, with a 5 foot radius on the opposite curb.
On a two-way access the width shall be between 24 and 26 feet, with a preferred width of 26 feet, however where truck traffic is anticipated, the width may be no more than 30 feet. On a one-way access the width shall be between 16 feet and 20, with a preferred width of 18 feet.
4. Curb-Cut Width.
On a two-way access the curb-cut width shall be between 74 feet and 110 feet with a preferred width of 86 feet. On a one-way access the curb-cut width shall be between 46 feet and 70 feet with a preferred width of 51 feet.
Preferred Minimum Maximum
Item Value(FT) Value(FT) Value(FT)
One Way Access
R1 (radius) 30 30 40
R2 (radius) 5 5 10
W (drive width) 20 20 24
Two Way Access
Radius 30 25 40
Width 26 24 30
f. Roadway Access Location and Spacing.
1. Minimum Corner Clearance.
Corner clearance shall be measured from the point of tangency (PT) for the corner to the point of tangency for the access. In general the maximum corner clearance should be provided as practical based on site constraints. Minimum corner clearances are listed below based upon access or minor street volume and intersection type.
Minimum Roadway Standards for Corner Clearance
Minimum Corner Clearance (feet)
Access Type Signalized Unsignalized
Low Volume 150 50
Medium Volume 150 50
If based on the above criteria, full access to the site cannot be provided on either the major or minor streets, the site shall be restricted to partial access. Alternately, construction of a shared access drive with an adjacent parcel is recommended.
2. Access Spacing.
Accesses and street intersections shall be separated from adjacent accesses, streets, and property lines as indicated in the table below, in order to allow major through routes to effectively serve their primary function of conducting through traffic. This distance shall be measured from the access point of tangency to the access point of tangency for spacing between accesses and from the access point of tangency to a projection of the property line at the edge of the roadway for access spacing to the property line.
Minimum Roadway Access Spacing
Minimum Minimum Spacing to Adjacent
Spacing to Access by Access Type 2 (Dsp)3
Line (Dpl)1 Low Medium
Access Type (feet) (feet)
Low Volume 5
Medium Volume 10 75
1 Dpl measured from point of tangency of access to projection of property line on roadway edge.
2 For two more accesses serving a single parcel, or from a proposed access from an existing access.
3 Dsp measured from point of tangency of access to point of tangency of adjacent access.
g. Number of Accesses.
The maximum number of accesses onto a single street is controlled by the available site frontage and the table above. In addition, the following criteria shall limit the number of accesses independent of frontage length.
1. No low volume traffic generator shall have more than one two-way access onto a single roadway.
2. No medium volume traffic generator shall have more than two two-way accesses or three accesses in total onto a single roadway.
h. Construction Materials/Paving.
1. All accesses entering a curbed street shall be curbed with materials matching the street curbing.
2. All accesses shall be paved with bituminous concrete pavement within the street right-of-way.
D. Street Design and Construction Standards.
1. General Requirements.
a. The Planning Board shall not approve any development plan unless proposed streets are designed in accordance with the specifications contained herein. Approval of the final plan by the Planning Board shall not be deemed to constitute or be evidence of acceptance by the Town of Limestone of any street or easement.
b. Developers shall submit to the Planning Board, as part of the final plan, detailed construction drawings showing a plan view, profile, and typical cross-section of the proposed streets and existing streets within 300 feet of any proposed intersections. The plan view shall be at a scale of one inch equals no more than fifty feet (1"=50'). The vertical scale of the profile shall be one inch equals no more than five feet (1"=5'). The plans shall include the following information:
1. Date, scale, and North point, indicating, magnetic or true.
2. Intersections of the proposed street with existing streets.
3. Roadway and right-of-way limits including edge of pavement, edge of shoulder, sidewalks, and curbs.
4. Kind, size, location, material, profile and cross-section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainage ways.
5. Complete curve data shall be indicated for all horizontal and vertical curves.
6. Turning radii at all intersections.
7. Centerline gradients.
8. Size, type, and locations of all existing and proposed overhead and underground utilities, to include but not be limited to electricity, telephone, lighting, and cable TV.
c. Upon receipt of plans for a proposed public street the Planning Board shall forward one copy to each Council Member and the Road Commissioner for review and comment. Plans for streets which are not proposed to be accepted by the town shall be sent to the Road Commissioner for review and comment.
d. Where the subdivider proposes improvements within existing public streets, the proposed design and construction details shall be approved in writing by the Road Commissioner or the Maine Department of Transportation, as appropriate.
e. Where the development streets are to remain private roads, the following words shall appear on the recorded plan.
“All roads in this development shall remain private roads to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town of Limestone, until they meet the Limestone street design and construction standards.”
f. Where topographic and other site conditions allow, provision shall be made for street connections to adjoining lots of similar existing or potential use within areas of the town designated as growth areas in the comprehensive plan; or in non- residential developments when such access shall:
1. Facilitate fire protection services as approved by the Fire Chief; or
2. Enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a public street.
g. Street Names, Signs, and Lighting.
Streets which join and are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblance to the names of existing streets within the town, and shall be subject to the approval of the Planning Board. No street name shall be the common given name of a person. The developer shall reimburse the town for the costs of installing street name, traffic safety and control signs.
h. Site Conditions.
1. During construction, the development shall be maintained and left each day in a safe and sanitary manner. The roads shall be regularly sprayed to control dust from construction activity.
2. Following street construction, the developer or contractor shall conduct a thorough clean-up of stumps and other debris from the entire street right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan, and be suitably covered with fill and topsoil, limed, fertilized, and seeded.
2. Street Design Standards.
a. These design guidelines shall control the roadway, shoulders, curbs, sidewalks, drainage systems, culverts, and other appurtenances associated with the street, and shall be met by all streets within a development, unless the applicant can provide clear and convincing evidence that an alternate design will meet good engineering practice.
b. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed with the town.
c. Where a development borders an existing narrow street (not meeting the width requirements of the standards for streets contained herein), or when the development indicates plans for realignment or widening of a road that would require use of some of the land in the development, the plan shall indicate reserved areas for widening or realigning the road marked “Reserved for Road Realignment (Widening) Purposes.” When such widening or realignment is included in the town’s Capital Investment Plan, the reserve area shall not be included in any lot, but shall be reserved to be deeded to the town or state.
d. The following design standards apply according to street classification:
Minimum Street Design and Construction Standards
Arterial Collector Residential Private
a. minimum width of ROW 80' 50' 50' 50'
b. minimum paved width 48' 24' 20' 18'
c. minimum shoulder width (each side) 4' 4' 3' 3'
d. curbing (if required) vertical vertical vertical none
e. curb reveal 7" 7" 7" -
f. minimum roadway grade 1.0% 0.5% 0.5% 0.5%
g. maximum roadway grade 5.0% 6.0% 8.0% 8.0%
h. maximum shoulder grade 5.0% 5.0%
i. drainage ditch angle ratio: (maximum)
shoulder to ditch bottom 3:1 3:1 3:1 3:1
ditch bottom to ROW 2:1 2:1 2:1 2:1
j. minimum distance ditch bottom
to sub-base bottom 12" 12" 12" 12"
k. maximum grade intersections 3% within 75 feet of the intersection
l. minimum angle intersections (degrees) 90 75 75 75
m. minimum center line radii on curves 800' 280' 280' 175'
n. minimum tangent length between
reverse curves 300' 200' 100' 100'
o. minimum sidewalk:
width 5' 5' 5' -
bituminous surface 2" 2" 2" 2"
crushed base course 2" 2" 2" 2"
gravel sub-base course 12" 12" 12" 12"
Portland cement concrete
reinforced with 6" square #10-wire mesh 4" 4" 4" 4"
sand base if cement used 6" 6" 6" 6"
p. minimum road base: (after compaction)
aggregate subbase (max. size stone 6") 36" 24" 24" 24"
crushed aggregate base (if necessary), 4" 3" 3" 3"
q. hot bituminous pavement:
surface course 1.50" 1.00" 0.75" 0.75"
base course 1.75" 1.75" 1.75" 1.75"
r. minimum road crown 0.25":1' 0.25":1' 0.25":1' 0.50":1'
s. property line radii (intersections) 20' 10' 10' 10'
t. curb radii intersections:
90 degrees 30' 25' 25' 25'
75-90 degrees -- 30' 30' 30'
u. minimum distances between intersections:
same side 400' 400' 300' 300'
opposite sides 300' 250' 200' 200'
v. sight distance 250' 200' 200' 150'
w. design speed - (MPH) 45 30 25 25
e. The centerline of the roadway shall be the centerline of the right-of-way.
f. Dead End Streets.
In addition to the design standards above, dead-end streets shall be constructed to provide a cul-de-sac turn-around with the following requirements for radii:
Property line: 60 ft.;
Outer edge of pavement: 50 ft.; and
Inner edge of pavement: 30 ft.
Where the cul-de-sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul-de-sac. The Planning Board may require the reservation of a twenty (20) foot easement in line with the street to provide continuation of pedestrian traffic or utilities to the next street. The Planning Board may also require the reservation of a fifty (50) foot easement in line with the street to provide continuation of the road where future development is possible.
g. Grades, Intersections, and Sight Distances.
1. Grades of all streets shall conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.
2. All changes in grade shall be connected by vertical curves in order to provide minimum stopping sight distances based on the street design speed (see: Sight Distance chart above).
4. Where new street intersections or driveway curb-cuts are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the street design speed (see: Sight Distance chart above).
Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.
5. Cross (four-cornered) street intersections shall be avoided insofar as possible or at other important traffic intersections. A minimum distance of 125' feet shall be maintained between centerlines of minor streets and 200' feet between collectors or a collector and minor street.
Sidewalks within all new developments shall be installed at the discretion of the Planning Board. Where sidewalks exist adjacent to a proposed development, sidewalks shall be installed connecting to existing sidewalks. Where installed, sidewalks shall meet these minimum requirements.
Sidewalks shall be located a minimum of five (5) feet from the curb facing or edge of shoulder if the street is not curbed.
2. Bituminous Sidewalks.
a. The “subbase” aggregate course shall be no less than twelve (12) inches thick after compaction.
b. The hot bituminous pavement surface course shall be MDOT plant Mix Grade D constructed in two lifts, each lift no less than one inch after compaction.
3. Portland Cement Concrete Sidewalks.
a. The subbase aggregate shall be no less than twelve (12) inches after compaction. A six (6) inch sand base, after compaction, may be substituted for the twelve (12) inches subbase aggregate.
b. The Portland Cement concrete shall be reinforced with six (6) inch square, number 10 wire mesh and shall be no less than four (4) inches thick.
k. Curbs shall be installed within all developments, at the discretion of the Planning Board. Granite curbing shall be installed on a thoroughly compacted gravel base of six (6) inches minimum thickness. Bituminous curbing shall be installed on the base course of the pavement. The specified traveled way width above shall be measured between the curbs.
3. Street Construction Standards.
a. The minimum thickness of material shall meet the specifications in the table below, after compaction.
Street Materials Minimum Requirements
Collector Residential Private
Aggregate Sub-base Course
(Max. sized stone 4")
Without base gravel 24" 24" 24"
With base gravel 20" 18" 18"
Crushed Aggregate Base Course 3" 3" 3"
Hot Bituminous Pavement
Total Thickness 2.75" 2.50" N/A
Surface Course 1.00" 0.75" N/A
Base Course 1.75" 1.75" N/A
Surface Gravel N/A N/A 3"
1. Before any clearing has started on the right of way, the center line and side lines of the new road shall be staked or flagged at fifty (50) foot intervals.
2. Before grading is started, the entire area within the right-of-way necessary for traveled way, shoulders, sidewalks, drainageways, and utilities shall be cleared of all stumps, roots, brush, and other objectionable material. All shallow ledge, large boulders, and tree stumps shall be removed from the cleared area.
3. All organic materials or other deleterious material shall be removed to a depth of two (2) feet below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two (2) feet below the subgrade of the roadway. On soils which have been identified as not suitable for roadways, either the subsoil shall be removed from the street site to a depth of two (2) feet below the subgrade and replaced with material meeting the specifications for gravel aggregate sub-base below, or a MDOT approved stabilization geotextile may be used.
4. Except in a ledge cut, side slopes shall be no steeper than a slope of three (3) feet horizontal to one foot vertical, and shall be graded, loamed, limed, fertilized, and seeded according the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge a side slope no steeper than four (4) feet vertical to one foot horizontal is permitted.
5. All underground utilities shall be installed prior to paving to avoid cuts in the pavement.
c. Bases and Pavement.
a. The aggregate subbase course shall be sand or gravel of hard durable particles free from vegetative matter, lumps, or balls of clay and other deleterious substances. The gradation of the part that passes a three (3) inch square mesh sieve shall meet the following grading requirements:
Percentage by Weight Passing
Sieve Designation Square Mesh Sieves
1/4 inch 25-70%
No. 40 0-30%
No. 200 0-7%
Aggregate for the subbase shall contain no particles of rock exceeding four (4) inches in any dimension.
b. If the aggregate subbase course is found to be not fine-gradeable because of larger stones, then a minimum of three (3) inches of aggregate base course shall be placed on top of the subbase course. The aggregate base course shall be screened or crushed gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a 3 inch square mesh sieve shall meet the following grading requirements:
Percentage by Weight Passing
Sieve Designation Square Mesh Sieves
1/2 inch 45-70%
1/4 inch 30-55%
No. 40 0-20%
No. 200 0-5%
Aggregate for the base shall contain no particles of rock exceeding two (2) inches in any dimension.
2. Pavement Joints.
Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.
a. Minimum standards for the base layer of pavement shall be the MDOT specifications for plant mix grade B with an aggregate size no more than 1 inch maximum and a liquid asphalt content between 4.8% and 6.0% by weight depending on aggregate characteristics. The pavement may be placed between April 15 and November 15, provided the air temperature in the shade at the paving location is 35°F or higher and the surface to paved is not frozen or unreasonably wet.
b. Minimum standards for the surface layer of pavement shall be the MDOT specifications for plant mix grade C or D with an aggregate size no more than 3/4 inch maximum and a liquid asphalt content between 5.8% and 7.0% by weight depending on aggregate characteristics. The pavement may be placed between April 15 and October 15, provided the air temperature in the shade at the paving location is 50°F or higher.
4. Surface Gravel.
Private rights of ways and/or local roads need not be paved and may have a gravel surface. Surface gravel shall be placed on top of the aggregate subbase, shall have no stones larger than two (2) inches in size, and meet the following gradation:
Percentage by Weight Passing
Sieve Designation Square Mesh Sieves
2 inch 95-100%
1/2 inch 30-65%
No. 200 7-12%
D. Exterior Lighting
1. Style: The style of the light and light standard shall be consistent with the architectural style of the principal building.
2. Maximum Height: The maximum height of free standing lights shall be the same as the principal building, but not to exceed twenty-five (25) feet.
3. Lights at Property Boundaries: Where lights along property lines will be visible to adjacent residents, the lights shall be appropriately shielded.
4. Lighting of Parking Areas: The Planning Board shall determine the necessity for lighting of parking areas. All parking areas to be lighted shall provide a minimum of three (3) footcandles at intersections and a total average illumination of one and one-half (1.5) footcandles throughout the parking areas as required. Such lighting shall be shielded in such a manner as not to create a hazard or nuisance to the adjoining properties or the traveling public.
5. Required Light Levels:
a. Parking lots: An average of one and one-half (1.5) footcandles throughout.
b. Intersections: Three (3) footcandles.
c. Maximum at property lines: One (1.0) footcandle.
d. In residential areas: Average of six-tenths (0.6) footcandle.
E. Buffers and Screening
1. A landscaped buffer strip of no less than fifteen (15) feet in width and six (6) feet in height shall be provided to minimize the visual impact of adverse characteristics such as, but not limited to, storage areas, parking spaces, driveways, loading areas, exposed machinery, sand and gravel extraction operations, and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse, and to protect abutting residential properties from the intrusion of noise, light, and exhaust fumes from such non-residential buildings and uses. The buffer areas shall be maintained and vegetation replaced to ensure continuous year round screening.
2. Where no natural vegetation or berms can be maintained, or due to varying site conditions, the landscaping may consist of fences, walls, tree plantings, hedges, or combinations thereof.
3. Any abutting residential property shall be effectively screened by a continuous landscaped area no less than six (6) feet in height along lot lines adjacent to the residential properties, except that driveways shall be kept open to provide visibility for entering and leaving.
4. Buffering shall be sufficient to minimize the impacts of any kind of potential use such as: loading and unloading operations, outdoor storage areas, vehicle parking, waste collection and disposal areas.
5. Where a potential safety hazard to small children would exist, physical screening / barriers shall be used to deter entry to such premises.
6. There shall be no paving, parking, or structures located in the buffer area.
7. The Planning Board may allow a buffer area of less width when site conditions, such as natural features, vegetation, topography, or site improvements, such as additional landscaping, berming, fencing, or low walls, make a lesser area adequate to achieve the purposes of this Ordinance.
9.11 Conditional Approvals for Site Design
A. The Planning Board may impose any condition upon approval of any site design for the following reasons:
1. To minimize or abate, to the extent feasible, any adverse impact of the proposed development on the value or utility of other private property, or on public property or facilities; or
2. To bring the development into compliance with the requirements of the Review Criteria and the Technical Standards of this Ordinance; or
3. To mitigate any other adverse effects of the proposed development.
B. Such conditions may include, but are not limited to, the imposition of a time limit for the conditional use; the employment of specific engineering, construction, or design technologies, modes of operation, or traffic patterns; and may also include the construction of on or off site improvements including, without limitation, streets, intersection improvements, sidewalks, sewers, and drainage courses. All such conditions shall be consistent with the purposes set forth in this Ordinance.
9.12 Revisions to Approved Site Designs
The site shall be developed and maintained as depicted in the approved site design and the written submission of the applicant. Modification of any approved site design shall require the prior approval of a revised site design by the Planning Board pursuant to the terms of this Ordinance. Any such parcel lawfully altered prior to the effective date of this Ordinance shall not be further altered without approval as provided herein. Modification or alteration shall mean and include any deviations from the approved site design, including but not limited to, topography, vegetation, and impervious surfaces shown on the site design. Field changes for site designs may be made by the CEO and are limited to minor variations necessary to deal with unforeseen difficulties that arise during the course of construction involving such technical detail as utility location and substitution of equivalent plantings and shall not include any substantial alteration of the approved plan or change any condition imposed by the Planning Board.
9.13 Post Approval Submissions
Following site design approval and prior to issuance of any permit, the developer shall submit copies of the contract plans and specifications, in reproducible form, showing the design of all infrastructure improvements, including without limitation all streets, sewers, drainage structures, and landscaping, to the Code Enforcement Officer for review and approval for compliance with the town's construction standards. Thereafter, all departures from such plans may be approved by the CEO as "field changes", subject to Section 9.12, above. Nothing herein shall diminish the obligation of the developer to supply plans or specifications as provided in this Ordinance.
Section 10 Administration, Enforcement, and Penalties
10.1 Permit Not Required
Only the following activities shall not require a permit: repairs, replacement, and/or normal maintenance not requiring structural elements, decorative changes in existing structures or buildings, provided that the activity is in conformance with Federal, State, or local laws and does not involve any other physical modifications or changes requiring a permit under this Ordinance.
The municipal officers, on the advice of the Planning Board and Code Enforcement Officer, shall annually set the amount of all fees required by this Ordinance. The fee structure shall include the following fees for the Planning Board to use to hire independent consulting services to review the application.
A. The applicant shall pay into a special account the cost to the town of hiring independent consulting services. The fee shall be determined after the Planning Board has secured an estimate of the cost of the services and the applicant has seen the estimate. If the balance in the special account is drawn down by 75%, the Board shall notify the applicant and require an additional amount. Any balance in the account remaining after a final decision on the application shall be returned to the applicant.
10.3 Permit Application
A. Every applicant for a permit shall submit a written application to the Code Enforcement Officer which shall include the following information:
1. Structures to be erected, structures to be moved, and exterior additions to existing structures:
a. The shape, size, and location of the lot for which application is made;
b. The shape, size, and location on the lot of the proposed structure, and of any proposed additions to existing structures;
c. The shape, size, and location of any other existing structures on the lot; and
d. The location of adjacent structures on adjacent lots, with reference to the distance from the lot line.
2. The above requirements shall not apply to alterations wholly within an existing structure.
3. All applications shall also include:
a. The name and address of the property owner;
b. The name, address, and telephone number of the person, firm, or firms involved in the construction on the property;
c. The value of the proposed construction or improvements;
d. A statement of the proposed use for any new or moved structure or altered portion of an existing structure or land;
e. Any other information the applicant wishes to furnish;
f. Any other information requested by the Code Enforcement Officer to make the application intelligible, and to determine whether the proposed construction shall conform to this Ordinance, other local ordinances and state law. If the property is not served by a public sewer a valid plumbing permit, including the site evaluation approved by the plumbing inspector, shall be submitted; and
g. A certification that the information in the application is complete and correct to the best of the applicant's knowledge and belief.
4. All applications shall be signed:
a. by the person or firm to do the work; and
b. by the owner of the property or other person authorizing the work.
5. All applications shall be dated, and the Code Enforcement Officer shall note upon each application the date and time of its receipt at their office.
B. Upon receipt of a permit application the Code Enforcement Officer shall:
1. Decide whether the information in the application is sufficient for the Planning Board to determine whether, under this Ordinance, the permit should be issued, or if the application is otherwise inadequate. If the Planning Board feel the application is insufficient or inadequate, the Planning Board shall at once notify the applicant in writing, indicting what necessary information is required to correct the application. If the application is not so corrected, the Planning Board shall deny it;
2. When a complete application conforms to the provisions of this Ordinance and other codes and ordinances of Limestone, upon payment of the required fee, the Planning Board shall within ten (10) days of its receipt direct the Code Enforcement Officer to issue the permit. The Code Enforcement Officer shall notify the Tax Assessor and keep a copy of the application/permit in a permanent file; and
3. If the application does not conform, The Planning Board shall, within ten (10) days, deny the permit in writing, stating therein the reasons for such denial. In the event the proposed building or structure is so constructed or is of such usage as to require a review of the application by other authorities or boards, as determined by this Ordinance, the Planning Board shall refer the application to the appropriate authority or board for review, approval, or denial. Upon receipt of the decision of the Planning Board, in writing, and if such decision is an approval, the Code Enforcement Officer shall be directed to issue the permit with any conditions prescribed by the reviewing Planning Board. The Code Enforcement Officer shall not issue any permit if they have knowledge that a particular structure would be located in an unapproved development, and/or if they have knowledge that the structure would be in violation of a particular state law for which the town has enforcement responsibilities, or local ordinance. In denying any permit under these circumstances, the Code Enforcement Officer shall state in writing the reasons for the denial.
C. Following the issuance of a permit, if seventy-five (75) percent of the permitted building construction is not completed within six (6) months of the date of the permit, it shall lapse and become null and void. Thereafter, no further work on such construction can be made until a new application has been made and approved by the Planning Board. The fee for such permit shall be charged as a renewal fee.
D. Any permit issued which is not in conformity with the provisions of this Ordinance confers no rights and is null and void.
E. No public utility, water district, sanitary district, or any utility company of any kind may install services to any new structure located in Shoreland Areas unless written authorization attesting to the validity and currency of all local permits required under this or any previous Ordinance, has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.
10.4 Certificate of Occupancy Required
A. A certificate of occupancy issued by the Code Enforcement Officer is required in advance of the use or occupancy of:
1. Any lot, or change of the use thereof.
2. A structure hereafter erected or a change in the use of an existing structure.
B. No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this Ordinance. A record of all certificates of occupancy shall be kept on file in the office of the Code Enforcement Officer, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land involved. A duplicate copy shall be filed in the office of the tax assessor and the certificate of occupancy shall state specifically the uses which is permits.
C. All construction or alterations to the site performed under the authorization of permits or certificates of occupancy issued for development within the scope of this Ordinance shall be in conformance with the approved final plan or an amendment.
10.5 Code Enforcement Officer
A. It shall be the duty of the Code Enforcement Officer (CEO) to enforce the provisions of this Ordinance. If the CEO shall find that any provision of this Ordinance is being violated, the CEO shall notify the applicant in writing indicating the nature of the violations and ordering the action necessary to correct it. The CEO shall send a copy of such notice to the Town Officers and said notice shall be maintained as part of the permanent record. The failure of the CEO to follow the notice procedure set forth within this section shall not prevent the Town Officers from taking any legal action to enforce this Ordinance and to pursue all available legal remedies, including without limitation, injunctive relief, fines, and attorney fees. The CEO shall have the authority to issue a stop work order upon a finding that work has been commenced or completed prior to receipt of all approvals required by this Ordinance or contrary to the terms of an approved site design. The CEO shall order the removal of illegal buildings, structures, additions, materials, or work being done, or shall take any other action authorized by this Ordinance to insure compliance with, or to prevent violation of, its provisions. Any construction or site work not in conformity with an approved site design shall constitute a violation of this Ordinance. Work shall recommence only after such order has been lifted.
B. The CEO shall maintain a current file of all pertinent Federal, State, and local statutes, ordinances, regulations, codes, and plans relating to land-use regulation including local development plans. The CEO shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected.
C. The CEO shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to approval. The CEO may enter any property at reasonable hours and enter any structure with the consent of the property owner, occupant, or agent, to inspect the property or structure for compliance with the laws or ordinances set forth in this section. If consent is denied they should obtain an administrative warrant before entering the property. The CEO may revoke a permit after proper notification and a public meeting if it was issued in error or if based on erroneous information.
10.6 Legal Action and Violations
When any violation of any provision of this Ordinance shall be found to exist, the Town Officers, upon notice from the CEO, are hereby authorized to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the Town. The Town Officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized Town Official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
Any person, firm, or corporation being the owner, contractor, or having control or use of any structure or premises who violates any of the provisions of this Ordinance shall upon conviction be fined in accordance with provisions of 30-A MRSA §4452. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Fines shall be payable to the Town of Limestone.
Section 11 Board of Appeals
11.1 Establishment and Organization
A Board of Appeals is hereby established which shall consist of three (3) members and two (2) associate members. The term of office of a member or associate is three (3) years serving staggered terms. A town officer or their spouse may not be a member or associate member of the Board of Appeals. When a regular member of the Board is unable to act because of interest, physical incapacity, or absence, an associate member shall act in their stead. Members of the Board of Appeals shall be appointed by the town officers. When there is a permanent vacancy, the town officers shall appoint a new member to serve for the remainder of the unexpired term. Members of the Board of Appeals may be removed from office by the town officers for cause upon written charges and after public hearing. The Board of Appeals shall elect a chairperson and secretary from its own membership.
11.2 Proceedings of the Board of Appeals.
The Board of Appeals shall adopt rules necessary to the conduct of its affairs, in keeping with the provisions of this Ordinance and Title 30-A, MRSA, §2691. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in their absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. all meetings shall be open to the public. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or of absence or failure to vote, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the town offices. A quorum shall consist of three (3) members.
11.3 Powers and Duties of the Board of Appeals
The Board of Appeals shall have the following powers:
A. Administrative Review.
1. To hear and decide appeals where it is alleged there is a violation or error in any order requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of this Ordinance, or any appeal designated and administrative appeal in this Ordinance.
2. To determine whether the criteria of this Ordinance for administrative appeals have been met.
B. Variances. To authorize variances upon appeal in specific cases, but only within the limitations set forth in this Ordinance.
C. Interpretations of the Ordinance.
Variances may be permitted only under the following conditions:
A. Variances are obtainable only for height, minimum lot size, frontage, structure size, setbacks, and open space requirements.
B. Variances cannot, under any circumstances, be obtainable for establishment of any uses otherwise prohibited.
C. The Board shall not grant a variance unless it finds that all of the following criteria are met:
1. That the land in question cannot yield a reasonable return unless a variance is granted; and
2. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and
3. That the granting of a variance shall not alter the essential character of the locality; and
4. That the hardship is not the result of action taken by the applicant or a prior owner. Such hardship may be found by the Board of Appeals where this Ordinance, as applied to the applicant's property, substantially destroys or decreases the value of the property in question for any permitted use to which the land or property can reasonably be put. Mere inconvenience to the property owner shall not satisfy this requirement. Financial hardship alone, personal hardship, or pleading that a greater profit may be realized from the applicant's property were a variance granted shall be sufficient evidence of unnecessary hardship.
D. The Board may grant a setback variance of up to 20% of the required setback for a year-round, owner occupied, single family residence if the owner meets all of the following hardship criteria:
1. That the need for the variance is due to the unique circumstances of the property or to the general conditions of the neighborhood; and
2. That the granting of the variance shall not alter the essential character of the locality; and
3. That the hardship is not the result of action taken by the applicant or a prior owner; and
4. That the granting of the variance shall not substantially reduce or impair the use of the abutting property; and
5. That the granting of the variance is based on a demonstrated need, not a convenience, and no other feasible alternative is available.
E. A disability variance may be granted by the Board of Appeals to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property. The Board shall restrict any variance granted under this section solely to the installation of equipment or the construction of structures necessary for access to or egress from the property with the disability. The Board nay impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. For the purposes of this section, a definition shall have the same meaning as a physical or mental handicap under Title 5 MRSA §4553.
F. The Board of Appeals shall limit any variances granted as strictly as possible in order to preserve the terms of the ordinance as much as possible, and it may impose such conditions to a variance as it deems necessary, to this end.
G. A copy of all variances granted in Shoreland Areas by the Board of Appeals shall be submitted to the Department of Environmental Protection within fourteen (14) days of the Board's decision.
H. If the Board of Appeals grants a variance under this section, a certificate indicating the name of the current property owner, identifying the property by reference to the last recorded deed in its chain of title and indicating the fact that a variance, including any conditions on the variance, has been granted and the date of granting, shall be prepared in a recordable form. This certificate must be recorded in the Aroostook County Registry of Deeds within ninety (90) days of the date of the final written approval of the variance or the variance is void. The variance is not valid until recorded as provided in this section. For the purpose of this section, the date of the final written approval shall be the date stated on the written approval.
11.5 Appeal Procedure
A. Making an Appeal
1. An appeal may be taken to the Board of Appeals by an aggrieved person from any decision of the Code Enforcement Officer. Such appeal shall be taken within thirty (30) days of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.
2. Such appeal shall be made by filing with the Board of Appeals a written notice of appeal, specifying the grounds for such appeal. For a variance appeal the applicant shall submit:
a. A sketch drawn to scale showing lot lines, location of existing building, and other physical features pertinent to the variance request.
b. A concise written statement stating what variance is requested and why it should be granted.
3. Upon being notified of an appeal, the Code Enforcement Officer shall transmit to the Board all the papers specifying the record of the decision appealed from. The Board of Appeals shall hold a public hearing on the appeal within forty-five (45) days.
B. Procedure on Appeal
1. At least fifteen (15) days prior to the date of the hearing on such appeal, the Board shall cause to be published in one issue in a newspaper of general circulation in Limestone a notice which includes:
a. The name of the person appealing.
b. A brief description of the property involved.
c. A brief description of the decision appealed from, or the nature of a variance appeal.
d. The time and place of the Board's hearing.
2. At least ten (10) days prior to the date set for hearing, the Board shall also cause the Town Clerk to give similar written notice to:
a. All property owners of record whose properties lie within 200 feet of the affected property.
b. The person making the appeal, and
c. The Planning Board, the Code Enforcement Officer, and any other parties of record.
1. The Board may receive any oral or documentary evidence, but shall provide as a matter of policy for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. Every party shall have the right to present their case or defense by oral or documentary evidence to submit rebuttal evidence and to conduct such cross-examinations as may be required for a full and true disclosure of the facts.
2. The appellant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chairperson.
3. At any hearing, a party may be represented by agent or attorney. Hearings shall not be continued to other times except for good cause. For example, if the Board of Appeals determines that the appeal before it was inappropriately classified the Board shall give the applicant the opportunity to amend the application and continue the hearing until the public has been properly notified of the appeal's reclassification and of the time and place when the hearing shall continue.
4. The Code Enforcement Officer or their designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.
5. The transcript of testimony, if any, and exhibits, together with all papers and requests filed in the proceedings, shall constitute the record.
6. The record may be keep open after the hearing by order of the Chairperson until a date established by the order.
11.6 Decisions of the Board of Appeals
A. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Code Enforcement Officer, or to decide in favor of the applicant on any matter on which it is required to pass under this Ordinance, or to affect any variation in the application of this Ordinance.
B. The Board shall decide all appeals within thirty (30) days after the hearing and shall issue a written decision on all appeals.
C. All decisions shall become a part of the record and shall include a statement of findings and conclusions as well as the reasons or basis therefore, upon all the material issues of fact, law or discretion presented, and the appropriate order, relief, or denial thereof. Notice of any decision shall be mailed or hand delivered to the petitioner, their representative or agent, the Planning Board, agency or office, the Code Enforcement Officer, and the town officers within seven (7) days of the decision date.
D. Upon notification of the granting of an appeal by the Board of Appeals, the Code Enforcement Officer shall immediately issue a permit in accordance with the conditions of the approval, unless the applicant's proposal requires Site Design Review.
E. Appeals may be taken within forty-five days from any decision of the Board of Appeals to Superior Court.
F. Any Board of Appeals reconsideration of an original decision must be reconsidered and the proceedings completed within thirty (30) days of the vote on the original decision.
11.7 Stay of Proceedings
An appeal stays all legal proceedings related to the action appealed from unless the officer or Board from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal has been filed with the officer or Board, that by reason of facts stated in the certificate a stay would, in the officer or Board's opinion, cause irreparable harm to property or create a threat to the life or health of any person including the appellant. In such case, the officer or Board, if legally authorized by State law or local ordinance, may seek injunctive relief or, in appropriate cases, refer the matter to the town officers for prosecution.
Section 12 Amendments
A proposal for an amendment to this Ordinance may be initiated by:
A. The Planning Board, by majority vote of the Board;
B. The town officers, through a request to the Planning Board;
C. An individual, through a request to the Planning Board; or
D. A written petition of a number of voters equal to at least ten percent (10%) of the voters in the last gubernatorial election.
A. Any proposal for an amendment shall be made to the Planning Board in writing stating the specific changes requested. When a change in zoning boundaries is proposed, the application shall state the nature, extent, and location of the boundary change proposal, and shall be accompanied by a scale drawing showing the areas to be changed, with dimensions. When an amendment is proposed by other than the town officers or the Planning Board, a fee shall accompany the proposal to cover the costs of hearings and advertisements.
B. Within thirty (30) days of receiving an amendment, the Planning Board shall hold a public hearing on the proposed amendment, and unless the amendment has been submitted by the town officers or by a petition the Board, shall vote whether to forward the amendment to the town officers. The Board shall make a written recommendation regarding passage to the town officers and the town's legislative body prior to any action on the amendment by the town officers.
C. The town officers shall hold a public hearing on the proposed amendment. Notice of the hearing shall be posted and advertised in a newspaper of general circulation in the town at least seven (7) days prior to the hearing. The notice shall contain the time, date, and place of hearing, and sufficient detail about the proposed changes as to give adequate notice of their content. If the proposed changes are extensive, a brief summary of the changes, together with an indication that a full text is available at the Town Clerk's office shall be adequate notice.
D. Copies of amendments applicable to shoreland areas, attested, and signed by the Town Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the town's legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within forty-five (45) days of the his receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the Town of Limestone within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.
Any amendment to this Ordinance shall be adopted by the town's legislative body.
Section 13 Schedule of Fees
The Town Council shall have the authority to establish a schedule of fees. The Town Council, upon the recommendation of the Planning Board, may alter or amend the fee schedule after holding a public hearing. The schedule of fees shall be posted in the town office. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. The fee shall not be refundable.
1. Automobile Graveyards
A permit for an automobile graveyard shall be renewed annually to remain valid. The permit shall expire on December 31st of each year. An annual fee of $50 shall be submitted by the applicant with the permit application.
A permit for a junkyard shall be renewed annually to remain valid. The permit shall expire on December 31st of each year. An annual fee of $50 shall be submitted by the applicant with the permit application.
3. Alterations, Renovations, and Restorations
Prior to the start of any alterations, renovations, and restorations a permit shall be obtained by the applicant and a fee of ten dollars ($10) shall be paid by the applicant.
4. New Houses and Additions
Prior to the start of any construction of new houses and/or additions to houses a permit shall be obtained by the applicant and a fee of ten dollars ($10) shall be paid by the applicant.
5. Site Design Review
Prior to the start of any non-residential construction, alterations, renovations, and restorations a permit shall be obtained by the applicant and a fee of twenty-five dollars ($25) plus ten dollars ($10) for every 2000 square feet or portion thereof of total gross floor area, parking, and storage areas shall be paid by the applicant.
Section 14 Definitions.
1. Construction of Language.
The following definitions shall apply to the Zoning Ordinance of the Town of Limestone. In the interpretation and enforcement of this Ordinance, all words other than those specifically defined in the Ordinance shall have the meaning implied by their context in the Ordinance, their ordinarily accepted meaning, or as defined herein. In the case of any difference of meaning or implication between the text of the Ordinance, illustration, or table, the text shall control.
A. The word "person" includes firm, association, organization, partnership, trust, company, or corporation, as well as an individual or any other legal entity.
B. The present tense includes the future tense, the singular number includes the plural, and the plural numbers includes the singular.
C. The word "shall" is mandatory, the word "may" is permissive.
D. The word "lot" includes the words "plot" and "parcel".
E. The words "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
F. The word "Town" shall mean the Town of Limestone, Maine.
G. The word "CEO" shall mean the Code Enforcement Officer for the Town of Limestone.
H. The term "this Ordinance" shall mean the Land Use Ordinance for the Town of Limestone.
Abandoned: The stopping of an activity, use, business, in addition to: actions taken by an owner or representative that removes the major portion of materials, goods, equipment, facilities, or parts thereof necessary for the operation of the activity, use, business. Also contains the element of abandoned and/or change to a less intensive use of the property/structure.
Abattoir: A building or structure specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, storing, and sale of the product on the premises.
Accessory Structure: A structure of which is incidental to that of the principal structure and which is located on the same lot. The term "incidental" in reference to the principal structure shall mean subordinate and minor in significance to the principal structure. In shoreland areas, a deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure. A storage trailer is not considered an accessory structure if it is registered and inspected.
Accessory Use: A use which is customarily and in fact both incidental and subordinate to the principal use of the structure. The term "incidental" in reference to the principal use shall mean subordinate and minor in significance to the principal use. Accessory uses, when aggregated, shall not subordinate the principal use of the lot.
Adult Entertainment: The regular presentation, for a fee or incidentally to another service, of material or exhibitions distinguished or characterized by an emphasis on matter depleting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below for observation by patrons therein.
Adult Entertainment Establishment: Any commercial establishment–including but not limited to: “adult bookstore”, “adult video store”, “adult theater”, “adult nightclub”, sexual encounter center, massage parlor, rap parlor, lingerie modeling, or sauna–which for a fee or incidentally to another service, regularly presents material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below for observation by patrons therein. Adult entertainment establishment further means any commercial establishment to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls, separate from the common areas of the premises for the purpose of viewing sexually oriented motion pictures, sexually-oriented movies, sexually oriented films, adult videos, or wherein an entertainer provides sexually oriented entertainment to a member of the public, a patron, or a member.
1. Adult Bookstore: An establishment having a majority of its stock and trade or a majority of its floor space in books, magazines, other periodicals, or any other items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below for observation of the patrons or members therein; or in conjunction therewith has facilities for the presentation of sexually oriented entertainment, including but not limited to, sexually oriented movies, adult videos, sexually oriented films, or sexually oriented live entertainment, for observation by patrons or members therein.
2. Sexually Oriented: Any exhibition of any motion pictures, films, videos, or live performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers which has a significant or substantial portion of such performance any actual or simulated performance of “specified anatomical areas,” as defined below, for observation by patrons or members therein.
3. Adult Theater: An enclosed building regularly used for presenting films, motion pictures, video cassettes, slides, or other photographic reproductions or other material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below, for observation by patrons or members therein.
4. Adult Nightclub: A theater, concert hall, auditorium, nightclub, bar, restaurant, or similar commercial establishment which regularly features live performances that are characterized by any actual or simulated performance of “specified sexual activities” or the exposure of “specified anatomical areas”.
5. Adult Video Store: A commercial establishment having a majority of its stock or a majority of its floor space dedicated to “adult videos”–as defined below–which are rented or sold or presented for a fee or incidentally to another service; or in conjunction therewith, regularly presents on the premises sexually oriented motion pictures of sexually oriented films, “adult videos” or sexually oriented live exhibitions which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities’ or “specified anatomical areas” for observation by patrons or members therein.
6. Adult Videos: A video, CD, laser disk, or similar medium with a cover that depicts “specified sexual activities” or “specified anatomical areas” or a transparent or less than opaque cover through which “specified sexual activities” or “specified anatomical areas” can be viewed.
7. Massage Parlor: Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any specified sexual activity, or where any person providing such treatment, manipulation, or service related thereto exposes any specified anatomical area. This term shall not apply to a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction.
8. Nude Modeling Studio: Any place where a person who appears in a state of nudity, or displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
9. Specific Anatomical Area:
a. Less than opaquely covered human genitals, pubic region or pubic hair; or
b. Less than opaquely covered perineum, buttock, or anus; or
c. Less than opaquely covered female breast below a point immediately above the top of the areola; or
d. Human male genitals in a discernibly erect or turgid state, even if completely and opaquely covered.
10. Specific Sexual Activities:
a. Human genitals in a discernable state of sexual stimulation or arousal; or
b. Acts or representations of human masturbation, sexual intercourse, sodomy, bestiality, excretory functions, sadism, masochism, lewd exhibition of genitals; or
c. Fondling or other erotic touching of human genitals, pubic region or pubic hair, perineum, buttock or anus, or female breast.
Advanced Treatment Unit: A unit designed to pre-treat waste water for nitrate and provide bacterial reduction prior to entering a leach field. This unit will be required to meet certification by the State Plumbing Code.
Agent: Any one having written authorization to act in behalf of a property owner, signed by the property owner.
Aggrieved Party: An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under an ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.
Agriculture: The production, keeping, or maintenance for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green house products. Agriculture does not include forest management and timber harvesting activities.
Agricultural Products, Processing, and Storage: Establishments engaged in the manufacturing, processing, and/or packaging of foods, dairy products, commercial composting, and storage of such products.
Agricultural Sales and Service: The use of buildings or land for the sale of equipment or products or services to those engaged in agriculture.
Alteration: Any change, addition, repair, renovation, modification in construction, or any change in the structural members of buildings such as bearing walls, columns, beams, or girders.
Amusement Facility: Any private, commercial premises which are maintained or operated primarily for the amusement, patronage, or recreation of the public, containing four (4) or more table sports, pinball machines, video games, or similar mechanical or electronic games, collectively, whether activated by coins, tokens, or discs, or whether activated through remote control by the management.
Animal Husbandry: The keeping of any domesticated animals other than customary household pets.
Antique Shop: A building offering primarily antiques for sale. An antique for the purpose of this ordinance shall be a work of art, price of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old. Antique shop does not include “secondhand store.”
Applicant: The person applying for approval under an ordinance.
Aquaculture: The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
Aquifer: A geological unit in which porous and permeable conditions exist and thus are capable of yielding usable amounts of water. (See: MDEP Aquifer Maps)
Aquifer Recharge Area: An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater. (See: MDEP Aquifer Maps)
Archaeological/Historic Site/Structure: Means any site or structure that is:
1. Listed individually in the national Register of Historic Places or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the national Register;
2. Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary of the Interior to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program as determined by the Secretary of the Interior; or (b) directly by the Secretary of the Interior in states without approved programs.
Area of Special Flood Hazard: The land in the floodplain having a one percent or greater change of flooding in any given year.
Artificial Monument: A man-made object used to mark and identify the corner or line of property boundaries. Artificial monuments are to be in conformance with current standards of the Maine Board of Licensure for Professional Land Surveyors. The term "artificial monument" includes the following:
1. A granite monument;
2. A concrete monument;
3. A drill hole in ledge;
4. A metal pipe or pin; or
5. A steel bar no less than l/2" in diameter and 3' in length.
Assembly and Packaging: See: Definition for "Industrial, Light"
Assisted Living Program: Assisted Living Programs are "apartment style" living arrangements where a variety of services are provided, including help with medications and, in some cases, nursing services.
Authorized Agent: An individual or firm having written authorization to act on behalf of a property owner or applicant. The authorization shall be signed by the property owner or applicant.
Automobile (Vehicle) Body Shop: A business engaged in vehicle body, frame, or fender straightening and repair and painting and undercoating.
Automobile (Vehicle) Car Wash: A structure with machine or hand-operated facilities for the washing, cleaning, polishing, or waxing of motor vehicles.
Automobile (Vehicle) Graveyard: Automobile graveyard means a yard, field or other outdoor area used to store 2 or more unregistered or uninspected motor vehicles, as defined in Title 29-A, section 101, subsection 42, or parts of the vehicles. "Automobile graveyard" includes an area used for automobile dismantling, salvage and recycling operations. "Automobile graveyard" does not include any area used for temporary storage by an establishment or place of business which is primarily engaged in doing vehicle body repair work to make repairs or render a motor vehicle serviceable.
Automobile (Vehicle) Recycling Business: The business premises of a person who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, provided that 80 percent of the business premises specified in the site plan (Title 30-A, MRSA, Section 3755-A, subsection 1, paragraph C) is used for automobile recycling business.
Automobile (Vehicle) Repair Garage: A building where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; over-all painting and under-coating of automobiles.
Automobile (Vehicle) Service Station: A building where gasoline, or any other automobile engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease are retailed directly to the public on the premises; including storage of unlicensed vehicles and not including body, frame or fender straightening and repair.
Automobile (Vehicle) Storage: A building designed and used for the storage of vehicles, operated as a business with a service charge or fee being paid to the owner or operator for the parking of or storage of privately owned vehicles.
Average Daily Traffic (ADT): The average number of vehicles per day that enter and exit the premises or travel over a specific section of road.
Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Base Flood: Means the flood having a one percent change of being equaled or exceeded in any given year, alternately referred to as the 100 year flood.
Basement: The enclosed area underneath a structure, typically having a masonry floor and walls which comprise the structure's foundation. The clear height up to the joists supporting the floor directly above is three (3) feet or greater.
Bathroom: A room with a bathtub and/or shower, toilet, and washstand.
Bed and Breakfast: Any dwelling in which transient lodging or boarding and lodging are provided and offered to the public for compensation for less than one week. The dwelling shall also be occupied by a permanent resident. There shall be no provision for cooking in any of the individual guest rooms.
Best Management Practice: Procedures designed to minimize the impact of certain activities or land uses on groundwater quality and quantity, and shall include best management practices relating to groundwater quality as developed by the State of Maine Departments of Agriculture, Conservation and Forestry, Transportation and Development pursuant to 38 M.R.S.A. Section 410-J.
Billboard: A sign, structure, or surface which is available for advertising purposes for goods or services rendered off the premises.
Boarding (Lodging) Facility: Any residential structure where lodging and with or without meals are provided for compensation for a period of at least one week, and where a family residing in the building acts as proprietor or owner. There shall be no provision for cooking in any individual guest room.
Boat Launching Facility: A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.
Buffer: A part of a property or an entire property, which is not built upon and is specifically intended to separate and thus minimize the effects of a land use activity (e.g. noise, dust, visibility, glare, etc.) on adjacent properties or on sensitive natural resources.
Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or personal property.
Building Coverage: (See: Lot Coverage)
Building Height: The vertical distance measured between the average finished grade of the ground at the front of a building and the highest point of the roof, not including chimneys, spires towers, or similar accessory structures.
Bulk Grain Storage: Establishments primarily engaged in the warehousing and storage of grain for resale or own use other than normal storage associated with on-site consumption.
Business Directional Sign: A sign erected and maintained in accordance with the Maine Traveler Information Services Act, 23 MRSA §1901, et. seq. which points the way to public accommodations and facilities or other commercial facilities.
Business, Commercial, or Industrial Sign: An attached or freestanding structure which directs attention to a business or profession conducted on that premises.
Campground: Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to tents, recreational vehicles, or other shelters for which a fee is charged.
Canopy Sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Capital Improvements Program (CIP): The Town's proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
Cemetery: Property used for the interring of the dead.
Certificate of Compliance: A document signed by the CEO stating that a structure is in compliance with all of the provisions of the Floodplain Management Ordinance.
Change of Use: A change from one category in the land use table to another or the addition of a new category of use to an existing use.
Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of an ordinance. A sign on which the copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy for the purposes of an ordinance.
Chemical Bulk Storage: Storage of a chemical or chemicals in a container or containers larger than those intended for normal homeowner or retailer purposes. Proper, non-commercial, homeowner use of chemicals is not included.
Child Day Care Facility: Any dwelling, building, or portion thereof which child day care services are provided including any on-site outdoor play area. Child day care facilities shall be further differentiated by the following three classifications:
Family Day Care Home: Any premises or dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to three, four, five, or six children, who are not relatives of the caregiver. Day care service for children in this type of facility is different from "babysitting."
Group Day Care Home: A facility in which care is provided for more than six (6), but less than twelve (12) children, at any one time, where the child care areas are being used as a family residence.
Day Care Center: A facility which is licensed to provide care for seven (7) or more children at any one time where the child care areas are not being used as a family residence.
Church: A building or structure, or group of buildings or structures, designed, primarily intended, and used for the conduct of religious services, excluding Sunday School.
Clinic: An establishment where patients are accepted for treatment by a group of physicians practicing medicine together, but shall not offer domicilliary arrangements; medical or dental.
Club: Any association of persons organized for social, religious, benevolent, or academic purposes; whose facilities are open to members and guests including fraternities, sororities, and social organizations.
Club, Private: Any building or rooms, which serves as a meeting place for an incorporated or unincorporated association for civic, social, cultural, religious, literary, political, recreational, or like activities, operated for the benefit of its members and not for the general public.
Club, Recreational: Any building or land which serves as a meeting place or recreation area for an incorporated or unincorporated association or group operated for the benefit of its members and guests and not open to the general public, and not engaged in activities customarily carried on by a business for pecuniary gain.
Cluster Development: A development designed to promote the creation of open space by a reduction in dimensional and area requirements.
Code Enforcement Officer (CEO): A person appointed by the Town Officers to administer and enforce an ordinance. Reference to the CEO may be construed to include Building Inspector, Plumbing Inspector, Electrical Inspector, and the like, where applicable.
Coffee Kiosk. A business in a free-standing building that sells coffee, or other beverages, and remade bakery goods, from a drive-through window to customers seated in their vehicles for consumption off the premises and that provides no indoor or outdoor seating.
Commercial Composting: The processing and sale of more than 1000 cubic yards of compost per year.
Commercial Recreation: Any commercial enterprise which receives a fee in return for the provision of some recreational activity, including but not limited to: racquet clubs, health facility and amusement parks, but not including amusement centers.
Commercial Use: Commercial shall include the use of lands, buildings, or structures, other than home occupations, the intent and result of which activity is the production of income from the buying and selling of goods and services, exclusive of rental of residential buildings and dwelling units.
Construction and Commercial Equipment & Vehicle Storage: Storage of construction equipment or other commercial vehicles in excess of thirty (30) consecutive days in which the equipment is not used.
Common Driveway: A vehicle accessway serving two dwelling units.
Common Open Space: Land within or related to a subdivision, not individually owned, which is designed and intended for the common use or enjoyment of the residents of the subdivision or the general public. It may include complementary structures and improvements, typically used for maintenance and operation of the usable open space, such as for outdoor recreation.
Community Center: A building which provides a meeting place for local, non-profit community organizations on a regular basis. The center shall not be engaged in activities customarily carried on by a business.
Complete Application: An application shall be considered complete upon submission of the required fee, a signed application, and all information required by the appropriate application, except as validly waived by the vote of the Planning Board to waive the submission of required information.
Comprehensive Plan: A document or interrelated documents adopted by the Town's legislative body, containing an inventory and analysis of existing conditions, a compilation of goals for the development of the community, an expression of policies for achieving these goals, and a strategy for implementation of the policies.
Confined Animal Feeding Operations: Specialized livestock production enterprises with confined beef cattle and hog feeding and poultry and egg farms and accessory structures. These operations have large animal populations restricted to small areas.
Conforming: A building, structure, use of land, or portion thereof, which complies with all the provisions of an appropriate ordinance.
Congregate Housing: A multi-family development with central dining facilities serving functionally impaired persons.
Conservation Easement: A non-possessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; or maintaining air and water quality.
Construction/Demolition: Construction or demolition of facilities, buildings, etc. associated with the land uses or activities.
Constructed: Includes built, erected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, paving, drainage, and the like, shall be considered as part of construction.
Copy Shop: A building that provides duplicating services using photocopying, blueprint, and offset printing equipment, and may include collating and binding of booklets and reports.
Data Processing Facility: A building primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services.
Deck: An uncovered, unenclosed structure with a floor, elevated above ground level.
Decorative Changes: Repainting or re-siding; removing or replacing trim, railings, or other non-structural architectural details; or the addition, removal or change of location of windows and doors.
Deer Wintering Areas: Areas used by deer during the winter for protection from deep snows, cold winds, and low temperatures, as identified by the Maine Department of Inland Fisheries and Wildlife.
Demolition/Waste Disposal: A facility including a landfill operated by a public, quasi-public, or private entity which purpose is to dispose of useless, unwanted, or discarded solid material with insufficient liquid content to be free flowing, including by way of an example, and not by limitation to, rubbish, garbage, scrap metals, junk, refuse, inert material, landscape refuse, and demolition debris. The definition does not, however, include commercial hazardous waste disposal facilities or recycling of products.
Density: The number of dwelling units per acre of land.
Deterioration: The condition or appearance of a building or part thereof, characterized by holes, breaks, rot crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, lack of maintenance or excessive use.
Developed Area: Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.
Development: Any man-made changes to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Dimensional Requirements: Numerical standards relating to spatial relationships including but not limited to setback, lot area, shore or road frontage, and height.
Direct Watershed: That portion of the watershed which does not first drain through an upstream lake.
Disability, Physical or Mental: Any disability infirmity, malformation, disfigurement, congenial defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness, and includes the physical or mental condition of a person that constitutes a substantial disability as determined by a physician or, in the case of mental disability, by a psychiatrist or psychologist, as well as any other health or sensory impairment that requires special education, vocational rehabilitation, or related services.
District: A specified portion of the Town, delineated on the Official Limestone Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of the Zoning Ordinance of the Town of Limestone.
Drinking Water Standards, Primary and Secondary: Standards for drinking water as stated in the State of Maine Rules Relating to Drinking Water, Maine Department of Human Services.
Drive-Up/Through Facility: An establishment that, by design of physical facilities or by service, encourages customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises while remaining in the vehicle. Such as, but not limited to, Automated Teller Machines (ATMs).