SECTION 1

GENERAL

 

A.      TITLE

 

This ordinance shall be known and cited as the LAND USE ORDINANCE of the Town of Mt. Vernon, Maine, and will be referred to as “this Ordinance”.

 

 

B.      AUTHORITY

 

This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part Second, Section 1 of the Maine Constitution, the provisions of Title 30-A, MRSA, Sections 3001 et seq., and the Mandatory Shoreland Zoning Act, Title 38 MRSA Sections 435 et. seq.

 

 

C.      PURPOSES

 

The purposes of this ordinance are:

 

1.                               To implement the provisions of the Town’s Comprehensive Plan;

2.                               To encourage the most appropriate use of land throughout the community;

3.                               To encourage growth in the identified growth areas of the community, and to limit growth in rural areas;

4.                               To conserve natural resources;

5.                               In watershed and shoreland areas, to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect buildings and lands from flooding and accelerated erosion; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

6.                               To promote the health , safety, and general welfare of the residents of the community;

7.                               To promote traffic safety;

8.                               To provide safety from fire and other elements;

 

 

D.   APPLICABILITY

 

The provisions of this ordinance shall govern all land and all structures within the boundaries of the Town of Mt. Vernon.

 

 

E.   CONFLICTS WITH OTHER ORDINANCES

 

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 more restrictive provision shall control.

 

This Ordinance supersedes and replaces the following ordinances, which became effective as noted.

       

Ordinance                                             Effective Date

 

            Land Use Ordinance                              6/10/91 amended 6/19/93, 6/18/94                     

 

Building Code Ordinance                       3/9/91 amended 6/19/91, 6/19/93                      

 

Road Ordinance                                    3/9/91

 

Site Plan Review Ordinance                   6/21/88; amended 3/11/89, 6/19/93, 6/18/94       

 

Automobile & Junkyard                          3/9/91

            Licensing Ordinance

 

            Flood Plain Management Ordinance       6/10/87 amended 6/18/94

 

            Subdivision Ordinance                          6/19/89

 

 

F.   VALIDITY AND SEVERABILITY

   

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.

 

 

G.        EFFECTIVE DATE

 

1.       The effective date of this Ordinance shall be the date of the adoption by the legislative body on May 4, 1995.

 

2.       The Shoreland Zoning provisions of this Ordinance, having been adopted by the Legislative body on  May 4, 1995, shall be effective upon the date of adoption, provided that it is subsequently approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner of the Department Environmental Protection for approval. If the Commissioner fails to act on the Shoreland Zoning provisions of this Ordinance within forty-five (45) days of his/her receipt of the Ordinance, it shall be deemed approved. Upon approval of the Shoreland Zoning provisions of this Ordinance, the Shoreland Zoning Ordinance previously adopted on 6/19/91  and amended 6/19/93 and 6/18/94 is hereby repealed.

 

 

H.        AMENDMENTS

 

1.       This Ordinance may be amended by the majority vote of the Legislative body.

 

2.       For amendments involving the Shoreland Zoning provisions of this Ordinance, copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the 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 his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

 
 

SECTION 2

NON-CONFORMANCE

 

 

A.   PURPOSE

 

It is the intent of these provisions to promote land use conformities, except that non-conforming conditions that legally existed before the effective date of this Ordinance, or any amendment thereto shall be allowed to continue, subject to the requirements set forth in this section.  Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming. 

 

Note: A legally existing non-conforming condition is one which conformed to the regulations in effect at the time such condition was created, be it a use, structure or lot size. To determine legally existing conditions it is necessary to research the ordinance in effect at the time the condition was created.

 

 

B.   GENERAL REQUIREMENTS

 

1.                                                       Transfer of Ownership:  Non-conforming structures, lots, and 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 the Ordinance.

 

2.                                                       Repair and Maintenance:  This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses, structures or attachments including repairs or renovations which do not involve expansion or total rebuilding of the non-conforming use or structure or attachment and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.

 

 

C.   NON-CONFORMING STRUCTURES

 

1.       Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the same Administrative Authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure.

 

Further Limitations:

 

a.                   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 tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded in floor  area or volume, by more than 30%, during the lifetime of the structure.  If a replacement structure conforms with the requirements of section 2(C)(3), and is less than the required setback from a waterbody, tributary stream or wetland, the replacement  structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date. 

 

b.                  Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided;  Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure ,that the structure and new foundation are must be placed such that the setback requirement is met to the greatest practical extent as determined by the Administrative Authority, basing its decision on the criteria specified in subsection 2section 2(C)(2),. “RELOCATION” below; If the that the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Section 2(C)(1)(a) above, and; and that the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.  .

 

c.  No structure which is less than the required set back from the normal high-water lines of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

 

2.       Relocation:   A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Administrative  Authority, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or installs a new system in compliance with the law and said Rules.  In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

 

In determining whether the building relocation meets the setback to the greatest practical extent, the Administrative Authority shall consider:

 

·         the size of the lot,

·         the slope of the land,

·         the potential for soil erosion,

·         the location of other structures on the property and  on adjacent properties,

·         the location of the septic system and other on-site soil suitable for septic systems, and

·         the type and amount of vegetation to be removed to accomplish the relocation.

 

When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the planning board shall require replanting of native vegetation to compensate for the destroyed vegetation,  In addition, the area from which the relocated structure was removed must be replanted with vegetation.  Replanting shall be required as follows:

a)       trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed.  If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. 

 

     Other woody and herbaceous vegetation and ground cover, that are removed or destroyed in order to relocate a structure must be re-established.  An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be re-established within the setback area.  The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

 

b)     Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

 

3.       Reconstruction or Replacement:   Any non-conforming structure, which is located less than the required set back from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed,  damaged or destroyed, regardless of the cause,  by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within one yeareighteen months (18)  of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the waterbody, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Administrative Authority in accordance with the purposes of this Ordinance.  In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.  If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 2(C)1 above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location.  If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure.  When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 2(C)2 above. 

 

Any non-conforming structure which is located less than the required setback from a waterbody, tributary stream, or wetland and which is removed by 50% or less of the market value or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained fromand any non-conforming structure which is damaged or destroyed by more than 50% but which is located greater than the required setback from the normal high water line of a water body, may be reconstructed in place ifwith a permit is obtained from the Code Enforcement  Officer within one year (eighteen months) of such damage, destruction, or removal.  Administrative Authority. In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Administrative Authority shall consider, in addition to the criteria in paragraph 2 above, the physical condition and type of foundation present, if any.

 

            In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Administrative Authority shall consider, in addition to the criteria in Section 2(C)2 above, the physical condition and type of foundation present, if any. 

 

 

4.       Change of Use of a Non-conforming Structure:   The use of a non-conforming structure may not be changed to another use unless the Administrative Authority, after receiving a written application, determines that:

 

             a.      the new use is a permitted use in the district; and

            b.      the applicant provides evidence to the satisfaction of the LPI that the existing wastewater disposal system is adequate to accommodate the new use in accordance with the State of Maine Subsurface Wastewater Disposal Rules or the applicant provides the design and agrees to install a replacement system to serve the new use, in accordance with the State of Maine Subsurface Wastewater Disposal Rules; and

             c.      the new use will have no greater adverse impact on any adjacent waterbody, tributary stream, or wetland, or on subject or adjacent properties and resources than the existing use; and

            d.      the new use complies with all other applicable land use requirements,

 

In determining that no greater adverse impact will occur, the Administrative Authority shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources, and functionally water-dependent uses.

 

 

D.      NON-CONFORMING USES

 

1.       Expansions: Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Administrative  Authority, be expanded within existing residential structures or within expansions of such structures as permitted allowed in Section 2(c)©(1)(a) above.

 

2.       Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Administrative Authority may, for good cause shown by the applicant, grant up to a one year extension to that time period.  This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.

 

3.       Change of Use: Except in the Village District, an existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Administrative Authority.  The determination of no greater adverse impact shall be made according to criteria listed in Section 2C(4) above.

 

4.       Change of Use: Village District, a non-conforming use can be changed to another use provided that the Administrative Authority, after receiving a written application, determines that:

 

             a.      The changed use is a permitted use in the Village District; and

            b.      The applicant provides evidence to the satisfaction of the LPI that the existing wastewater disposal system is adequate to accommodate the new use in accordance with the State of Maine subsurface wastewater Disposal Rules or the applicant provides the design and agrees to install a replacement system to serve the new use, in accordance with the State of Maine Subsurface Wastewater Disposal Rules; and the changed use will have no greater impact on any adjacent waterbody or wetlands, or on subject or adjacent properties and resources than the existing use; and

             c.      The changed use complies with all other applicable land use requirements.

 

E.   NON-CONFORMING LOTS

 

1.       Non-conforming Lots: A legally created non-conforming lot of record may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot  area, lot width and shore size and frontage can be met.  Variances relating to setback or other requirements not involving lot size area, lot width or shore or frontage shall be obtained by action of the Board of Appeals.

 

2.       Contiguous Built Lots: If two or more contiguous lots or parcels are in a 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 legally created principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law ( 12 M.R.S.A. § 4807-A-4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

 

If two or more legally created principal uses or structures existed on a single lot of record each may be sold on a separate lot provided that the above referenced law and rules are complied with.  When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this Ordinance.

 

3.       Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels were in single or joint ownership of record on 6/10/91 or thereafter, if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.

 

 

F.   VESTED RIGHTS

 

Non-conforming rights cannot arise by the mere filing of a notice of intent to build, submitting an application for building permits, or submitting an application for required State permits and approvals. Vested rights usually arise when actual substantial construction has begun, or, in the case of pending applications, when a submitted application has been accepted as complete. Such construction must be legal at the time it is commenced and the owner must be in possession of, and in compliance with, all validly issued permits, both State and local.

 

 

 

SECTION 3

DEFINITIONS

 

 

Unless specifically defined below, words and phrases used in this Ordinance shall be given their customary dictionary meaning and be viewed in such a way as to give this Ordinance its most reasonable application.  Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular.  The word “may” is permissive; “shall” is mandatory and not discretionary.

 

Accessory Structure or use - a use or structure (100 square feet or greater), which is incidental and subordinate to the principal use or structure.  Accessory uses, when aggregated shall not subordinate the principal use of the lot.  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 an attachment to the principal structure.  Attachments to the principal structure require separate permits unless included in the original building permit application.

 

Adjacent Grade - means the natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

Administrative Authority - Any of the following Town officials or Boards as designated to administer specific Sections of this Ordinance:

1.       The Code Enforcement Officer

2.       The Mt. Vernon Planning Board

3.       The Municipal Officers (Board of Selectmen)

4.       The Mt. Vernon Board of Appeals

5.       The Licensed Local Plumbing Inspector

6.       The Building Inspector

 

Adult Establishment:  A retail, service, entertainment, or commercial establishment which limits entry or use of the establishment or portion thereof to persons over the age of 18 years of age, or which is a common nuisance as defined in 17 MRSA 2741, or which distributes or exhibits or offers to distribute or exhibit obscene matter to persons under the age of 18 in violation of 17 MRSA chapter 93-A or 93-B, or which exhibits motion pictures or displays any other visual representation described or advertised as being “X-rated” or “for adults only”, or which exhibits or employs persons who are attired so as to expose to view the breast, genital, or buttock.

 

Aggrieved party - an owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this 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.

 

Agricultural Land Management Practices - Means those devices and procedures utilized in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

 

Agricultural Structure - Any structure, excluding fences, cages, row covers and ground cloths, used for agricultural purposes. 

 

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.

 

Alteration - Structural changes, rearrangement, change of location, or addition to a building or structure (other than repairs and modification in building equipment) involving more than 25% increase in the overall floor space or bulk of the building or structure at any one time or in total.

 

Amusement Facility - Any private commercial premise which is 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, whether activated by coins, tokens, or discs, or whether activated by control of the management.

 

Applicant - The property owner or his/her designee applying for approval under the provisions of this Ordinance.

 

Aquaiculture - The growing or propagation of harvestable freshwater, animal species.

 

Area of a Shallow Flooding _ means a designated AO and AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

Area of Special Flood Hazard - means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Section 8(B) of this Ordinance.

 

Automobile Graveyard - “Automobile Graveyard”, as defined in 30-A MRSA subsection 3752, means a yard, field or other area used to store 3 or more unserviceable, discarded, worn-out or junked motor vehicles.  The term “automobile graveyard” does not include any area used for temporary storage up to 90 days by an establishment or place of business which is primarily engaged in doing auto repair work to make repairs to render a motor vehicle serviceable.

 

Back Lot - A “back lot” is any parcel of land, which has no frontage on a public or private way.

 

 Basal Area - the area of cross-section of a tree stem at 4 ½ feet above ground level and inclusive of bark.

 

Back Lot Driveway - is any way created or maintained for the purpose of providing vehicular access to a lot with no frontage on a public or private way as required pursuant to Section 5(B)(7).

 

 

 

Base Gravel.  The aggregate “base gravel” 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 parts that pass a 4 inch square mesh sieve shall meet the following grading requirements.

   

Sieve Designation        % by Weight Passing Square Mesh Sieves

 

         ½ inch                                         35-75%

         ¼ inch                                         25-60%

         No. 40                                         0-25%

         No. 200                                        0- 5%

 

Aggregate for the base shall contain no particles of rock exceeding 4 inches in any direction.

 

Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year, commonly called the 100-year flood.

 

Basement - means any area of the building having its floor subgrade (below ground level) on all sides.

 

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.

 

Breakaway Wall - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

 

Building - Any structure and its attachments such as decks, breezeways, and porches having a roof or partial roof which is supported by columns or walls and used for the shelter or enclosure of persons, animals, goods or property of any kind.  The term “building” shall include multiple family dwellings. (see Structure)

 

Building Inspector - A Town official appointed by the Municipal Officers to administer building permits.

 

Bulk Storage - The separated storing on site of expendable materials or energy sources, in quantities that are in excess of operational amounts, for the purposes of stand-by supply in operations or for the economies or large quantity purchases.

 

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.

 

Canopy - The more or less continuous cover formed by tree crowns in a wooded area.

 

 

Certificate of Compliance - A document signed by the Code Enforcement Officer/Building Inspector stating that a structure is in compliance with all of the provisions of this Ordinance.

 

Change in Use - A “change in use” is a use, which fails to reflect the nature and purpose of a prior use which is different in quality or character as well as in degree, or if it is different in kind in its effect on the neighborhood where it is located.

 

Class A Restaurant Eligible to Receive Class I License to Sell Liquor:  A restaurant as defined in 28-A MRSA Section 2, subsection 15(R) which meets the minimum requirements of gross annual income from the sale of food as follows:

  1. Year round Class A restaurants must have a minimum gross annual income of $20,000 per year in sale of food to the public on their premises; and
  2. Part-time Class A restaurants must have a minimum gross annual income of $15,000 from the sale of food to the public on their premises, not in excess of six consecutive months.

 

Cluster Subdivision - A subdivision utilizing the allowable reductions in certain performance standards in order to preserve open space.

 

Code Enforcement Officer - any person or board responsible for performing the inspection, licensing, and enforcement duties required by a particular statute or ordinance.

 

Commercial Building - A “commercial building” is a structure which is designed, equipped or intended to be used, or is in fact being used, principally for the buying, selling, manufacture or storage of goods, the provision of services or the provision of facilities for a fee.  For the purposes of this Ordinance, the term “commercial building” shall also include an “place of public accommodation”, as defined in 5 MRSA  Subsection 4553(8), which includes any establishment which in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from the general public, including without limitation schools, governmental buildings, or community service facilities.

 

Commercial Timber Harvesting - Includes pesticide application, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands, the construction, creation, or maintenance of land management roads, and other associated activities, involving the removal of more than 50 cords of wood annually

 

Commercial Use - the use of lands, buildings, or structures, other than a “home occupation,” defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, or the provision of facilities for a fee exclusive of rental of residential buildings and/or dwelling units.

 

Common Shoreland Access - The use of any shore front property to provide a point of access for the occupants of three or more dwelling units, whether accomplished through ownership, lease, easement, or any other arrangement.

 

Complete Application - An application shall be considered complete upon submission of the required fee and all information required by this Ordinance, or for a plan, preliminary or final, whichever is being submitted, or all information required after a vote by the Planning Board to waive the submission of required information according to appropriate Sections of this Ordinance.

 

Comprehensive Plan - Any part of the overall plan or policy for development and conservation within the municipality as defined in Title 30 M.R.S.A., Section 4961; or as subsequently developed pursuant to the Comprehensive Planning and Land Use Regulation Act, Title 30-A, Section 4311 et seq;  specifically, the Comprehensive Plan of the Town of Mt. Vernon.

 

Community and Service Organizations - An association of persons for social, religious, benevolent, academic, or recreational purposes for the promotion of some common objective, which usually includes as an incident of membership the use of common property owned by the organization.

 

Construction Drawings - Drawings showing the location, profile, grades, size and type of drains, sewers, water mains, underground power and telephone ducts, pavements, cross section of streets, miscellaneous structures, drainage easements, and similar items.

 

Contiguous Lots - Lots which adjoin at any line or point, or are separated at any point by a body of water less than fifteen feet wide.

 

Density bonus - The allowance for additional subdivision lots, beyond those allowed under conventional subdivision requirements, when a clustered development is considered.

 

Designed impervious area - the extent of land of a proposed development, measured in square feet, which has been designed to accommodate such impervious development as structures of any kind, roads, driveways, parking areas, concrete pads, sidewalks, patios, or other constructed uses which would inhibit or prohibit the natural drainage or percolation of rainwater or snow melt, or the natural, unrestricted growth of vegetation.

 

Developed Area - Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.

 

Development - Means any change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the storage, deposition, or            extraction of materials, public or private sewage disposal systems or water supply facilities.

 

Dimensional Requirements - Numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height.

 

Disability -          A physical or mental disability as defined in 5 M.R.S.A. section 4553-A.

 

 

Driveway - a vehicular access-way less than five hundred (500) feet in length serving single-family dwellings or one two-family dwelling or less. two lots or less.

 

Driveway to a Backlot - (See Backlot Driveway)

 

Dwelling Unit - A room or group of rooms designed and equipped exclusively for use as living quarters for one family including provisions for living, cooking and eating.

 

Electromagnetic Interference (EMI) - Electrical or electronic radiation that interferes with legitimate reception/ communication, television, video, or radio controls in the radio frequency spectrum.  EMI can also be conducted as well as radiated.

 

Elevated Building - means a non-basement building:

 a.      built, in the case of a building in Zones A1-30, AE, A, A99, AO, or AH, to have the top of the elevated floor, elevated above the ground level by means of pilings, columns, post, piers, or “stilts;” and

b.      adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.

 In the case of Zones A1-30, AE, A, A99, AO, or AH, Elevated Building also includes a building elevated by means of fill or solid foundation perimeter walls less than three feet in height with openings sufficient to facilitate the unimpeded movement of flood waters.

 

Elevation Certificate - An official form (FEMA Form 81-31, 05/93, as amended) that:

 a.      is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and

b.      is required for purchasing flood insurance.

 

Emergency Operations - operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.

 

Enlargement - “Enlargement” shall mean a structural expansion which increases overall floor area of a building or structure by 100 square feet or more.

 

Erosion and Sediment Control Plan - A plan depicting effective soil conservation measures for the activity proposed.  This plan shall contain, but not be limited to topographic features; types, depth, slope and extent of soils; staging of activities; temporary and permanent erosion control measures and facilities and guidelines for their interim and continued maintenance.

 

Essential Services - the construction, alteration or maintenance of gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks.  Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

 

Expansion of a Structure - an increase in the floor area or volume of a structure, including all extensions such as, but not limited to attached: decks, garages, porches and greenhouses.

 

Expansion of Use - the addition of weeks or months to a use’s operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.

 

Family - one or more persons occupying a premises and living as a single housekeeping unit.

 

Final Plan - The final drawings on which the Applicant’s plan of subdivision is presented to the Planning Board for approval and which, if approved, may be recorded at the Registry of Deeds.

 

Flood or Flooding - Means:

             a.      A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.       The overflow of inland or tidal waters.

2.       The unusual and rapid accumulation or runoff of surface waters from any source.

            b.      The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.

 

Flood Elevation Study - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

 

Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Administrator of the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the community.

 

Flood Insurance Study - see Flood Elevation Study.

 

Floodplain or Flood-prone Area - means any land area susceptible to being inundated by water from any source (see flooding).

 

Floodplain Management - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

 

Floodplain Management Regulations - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain Ordinance, grading ordinance, and erosion control ordinance) and other applications of police power.  The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

 

Floodproofing - means any combination of structural and non_ structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.

 

Floodway - see Regulatory Floodway.

 

Floodway Encroachment Lines - mean the lines marking the limits of floodways on federal, state, and local floodplain maps. 

 

Floor Area - the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

 

Forest Management Activities - timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

 

Foundation - the supporting substructure of a building or other structure, excluding wooden sills and post supports including but includingnot limited to basements, slabs, sills, posts or frost walls.or other base consisting of concrete block, brick or similar material.

 

Freeboard - means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.  Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

 

Freshwater Wetland - freshwater swamps, marshes, bogs and similar areas which are:

             a.      Often or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of 10 acres; and

            b.      Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.                   

 

Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

 

Functionally Water-Dependent uses - those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and which cannot be located away from these waters.  The uses include, but are not limited to commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, fish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access. For Flood Management the term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

 

Gravel Pit - The term “gravel pit” shall mean all of the land area disturbed or otherwise involved in the excavation, processing or storage of sand, gravel, crushed stone or soil.  Gravel pits operated and/or owned by the same person, firm or corporation and separated by less than 800 horizontal feet of undisturbed land shall be considered one and the same gravel pit provided that all such pits and partial pits are located on the same deeded land parcel as recorded in the Registry of Deeds, Kennebec County.

 

Great pond - any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.


Ground cover
- small plants, fallen leaves, needles and twigs and the partially decayed organic matter of the forest floor. 

 

Height of a structure - the vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

 

Historic Structure _ means any structure that is:

             a.      Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

            b.      Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

             c.      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

            d.      Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.       By an approved state program as determined by the Secretary of the Interior, or

2.       Directly by the Secretary of the Interior in states without approved programs.

 

Home Occupation - a commercial or industrial enterprise, the providing of a service, or the practice of an occupation or profession which occurs wholly within the principal residential structure, is clearly incidental and subordinate to the use of the dwelling place as a place of residence, is conducted by a member or members of the immediate family and does not involve the employment of outside employees; does not involve the outdoor storage of materials or goods used in connection with the home occupation; does not generate more than 10 auto trips by clients/customers in any one day; and does not involve the alteration of the structure or premises in such a way as to violate the residential appearance or character of the home occupation site by use of colors, lighting, signs, the emission of sounds, odors, vibrations, the placement or use of materials or premises layout.

 

Hotels/Motels - A structure or group of structures providing lodging for a fee on a per diem basis, and where entrance to each room is made primarily from the outside of the building or through an inside lobby or office.

 

Impervious Area - Impervious area is including but not limited to, a surface that is impermeable to water, such as exposed compacted gravel, pavement, and rooftops, and prevents the infiltration of water into the soil.

Increase in Non-conformity of a Structure - any change in a structure or property which causes further deviation from the dimensional standard(s) creating the non-conformity such as, but not limited to, reduction in waterbody, tributary stream or wetland, setback distance, increase in lot coverage, or increase in height of a structure.  Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of non-conformance of the existing structure shall not be considered to increase non-conformity.  For example, there is no increase in non-conformity with the setback requirement for waterbodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing non-conforming structure.  Hence, a structure may be expanded laterally provided that the expansion extends no closer to the waterbody, tributary stream or wetland than the closest portion of the existing structure from that waterbody, tributary stream, or wetland.  Included in this allowance are expansions which in-fill irregularly shaped structures.

 

 

Individual private campsite - an area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fire places, or tent platforms.

 

Industrial - The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

 

Inns/Boarding Houses - A building which contains a dwelling unit occupied by an owner or resident manager in which up to ten lodging rooms or lodging rooms and meals are offered to the general public for compensation.

 

Institutional - A building or land use devoted to some public, governmental, educational, charitable, medical or similar purpose.

 

Junkyard -“Junkyard”, as defined in 30-A MRSA subsection 3752, means a yard, field or other area used to store:

             a.      Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;

            b.      Discarded, scrap and junked lumber;

             c.      Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and

            d.      Garbage dumps, waste dumps and sanitary fills.

 

Light Manufacturing: Manufacturing, Packaging, Processing and Testing - printing or publishing plant, bottling works, manufacturing establishment or other assembling, packaging, finishing or processing use, provided that all operations shall be such as to confine disturbing smoke, fumes, dust, odors, and noise to the premises and that no operations shall constitute a hazard by reason of potential for fire, explosion, radiation release or other casualty

 

Locally Established Datum - Means, for purposes of this ordinance, an elevation established for a specific site to which all other elevations at the site are referenced.  This elevations generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where Mean Sea Level data is too far from a specific site to be practically used.

 

Lot - A “lot” is an area of land in one ownership or one leasehold, with ascertainable boundaries established by deed or other instrument of record, or a segment of land ownership defined by lot boundary line on a subdivision plan duly approved and recorded in the Kennebec County Registry of Deeds.

 

Lot area - The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

 

Lowest Floor - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in Section 8(G) of this Ordinance.

 

Maintenance - Maintenance means the normal upkeep of structures and/or attachments such as replacement of components (e.g. roofs, boards, siding, windows), painting and cleaning.  Maintenance does not include the replacement of entire structures or attachments to structures.

 

Manufactured Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

 

Manufactured Home Park or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

Marina - a business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.

 

Market Value - the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

 

Mass Gatherings - Means a group of five hundred (500) or more persons assembled together for any purpose for seven (7) or more continuous or intermittent hours during any 72 hour time period.  Gatherings held at an established and permitted permanent stadium, athletic field, arena, auditorium, coliseum, fair ground, or other similar permanent place of assembly that has sufficient existing sanitary facilities to handle the expected gathering are not considered mass gatherings.

 

Mean Sea Level - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate map are referenced.

 

Minimum Lot Width - the closest distance between the side lot lines of a lot. .  When only two lot lines extend into the Shoreland  zone, both lot lines will be considered to be side lot lines. 

 

 

Mineral exploration - hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

 

Mineral Extraction - any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site.

 

Mobile Home Park - A parcel of land under unified ownership designed for the placement of three (3) or more mobile homes under any form of lease or rental agreement.

 

Motor Vehicle - A “motor vehicle” shall mean any self-propelled vehicle originally manufactured to include an engine of any kind which propels the vehicle across the ground on wheels, tracks or any combination thereof.

 

Multi-Family Dwelling - A residential structure consisting of three or more attached dwelling units.  Any such development containing less than five (5) dwelling units shall be considered a minor subdivision, and any such development containing between five (5) and fourteen (14) dwelling units shall be considered a major subdivision.  Any such development containing fifteen (15) or more units shall be considered a high impact subdivision.

 

Multi-Unit Residential - see Multi-Family Dwelling

 

Native -indigenous to the local forests

 

New Construction (Section 8 “Floodplain Management” only) - Means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

 

Non-Conforming Lot (of record) - a single lot of record which does not meet the area, frontage, or width requirements of the district in which it is located, but which was legally created pursuant to the requirements of any ordinance or statute in effect at the time of its creation

 

Non-Conforming Structure - a structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

 

Non-Conforming Use - use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

 

Normal High-Water Line - that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond.   

 

Official Submittal Date - The date upon which the Administrative Authority issues a receipt indicating a complete application has been submitted.

 

100 Year Flood - The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring in any year).

 

Open Space - Land which remains essentially undeveloped. Certain forestry and agricultural activities and related structures may be allowed.

 

Ordinary View - “Ordinary view” means the unaided visual access from any point within 6 feet of ground level that a person has of an automobile graveyard or junk yard from the immediately adjacent public road or abutting property line.  Vehicles or junk shall be construed to not be in ordinary view from a public road or abutting property line when they are located more than 1000 feet from the abutting property lines or the applicant has constructed a screen in accordance with Section 10(E)(10) this Ordinance between the storage area and the public road or property line.

 

Parking Space - A parking space is an area designated for the placement of automobiles which is clearly marked by paint, signs, or other means, and which is of a minimum size of 15’ in length and 8’ in width.  Permanent piers, docks, wharves, bridges and other structures- Any structure which remains in or over the water for seven (7) months or more in any period of twelve (12) months.

 

Permanent Piers, Docks, Wharves, Bridges and Other Structures – Any structure, which remains in or over the water for seven (7) months or more in any period of twelve (12) months.

 

Person - an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

 

Piers, Docks, Wharfs, Bridges and other structures and uses extending over or beyond the normal high-water line or within a wetland:

Temporary: Structures, which remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months.

Permanent: Structures, which remain in or over the water for seven (7) months of more in any period of twelve (12) consecutive months.

 

Preliminary Subdivision Plan - The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

 

Principal structure - A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

 

Principal Use - A use other than one, which is wholly incidental or accessory to another use on the same premises.

 

Private Road - A “private road” is any road which is not a public road and which is to be placed before the town meeting for acceptance as a public way.

 

Public Facility - any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

 

Public Road - A “public road” is any road, town way or state highway which is either maintained by the town or state, owned in fee simple by the town or state, or over which the public has the uninhibited right to travel by virtue of a public easement. Minor public roods are public roads which do not connect with other public roads at both ends, regardless of whether those connections are now seasonal or not maintained. The following roads are considered to be minor public roads: Barter;Bog;Carr Hill;Currier Hill;Dill;Five Seasons;Hovey Luce;Journey’s End;Old Rome;Spring Hill.

 

Recent Flood Plain Soils - the following soil series as described and identified by the National Cooperative Soil Survey:           

Alluvial                          Cornish             Podunk

Charles(Limerick)          Rumney            Suncook

Fryeburg(Hadley)          Sunday             Winooski(Lovewell)        

Ondawa                        Saco(Medomak)                           

 

Recreational Facility - a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

 

Recreational Vehicle - a vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up camper, travel trailer,

tent trailer, camp trailer, and motor home.  In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.

 

Regulatory Floodway -

             a.      Means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, and

            b.      In riverine areas is considered to be the channel of a river or other water coarse and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high water mark to the upland limit of the floodplain.

 

Repair - To repair means to restore after partial destruction due to decay, dilapidation, or injury.  Repair does not mean to totally rebuild structures or attachments including decks and/or additions.

 

Replacement System - a Subsurface Wastewater Disposal System intended to replace 1) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or 2) any existing overboard waste water discharge.

 

Residential Building - A “residential building” is a structure designed, equipped or intended for use, or which is in fact being used, as permanent, seasonal, or temporary living quarters for one or more households.

 

Residential Dwelling Unit - a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities The term shall include mobile homes, and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented.  but not Rrecreational vehicles are not residential dwelling units.

 

Restaurant/Bar - An establishment where meals and/or beverages are prepared and served to the public for compensation.

 

Re-subdivision - The division of an existing subdivision or any change in the plan for an approved subdivision, which affects the lot lines, including land transactions by the Applicant not indicated on the approved plan.

 

Right-of-Way - A street or other area which is given legal right of passage.  A public right-of-way is a way dedicated to the use of the public (and accepted for ownership by the Town or other level of government).

 

Rip-Rap - Rocks irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (10) unit vertical or less.

 

River - A free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of twenty five (25) square miles to its mouth.

 

Riverine - Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

 

Road - A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles.

 

Road Bed Area - The term “road bed area” refers to the land area which must be prepared to accommodate the actual width of the traveled way and the road shoulders.

 

Road Frontage - Road(s) Frontage means the distance a lot line runs parallel to an adjacent road.  When determining road frontage properties having road frontage on both sides of a road may not add the  frontage on each side to determine the total frontage of the property.

 

Service drop - any utility line extension which does not cross or run beneath any portion of a water body provided that:

 a.      In the case of electric service

1.       The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

2.       The total length of the extension is less than one thousand (1,000) feet.

 

b.      In the case of telephone service

1.       The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or

2.       The extension requiring the installation of new utility poles or placement underground is less than one thousand (1,000) feet in length.

 

Setback - the nearest horizontal distance from the normal high-water line of a waterbody or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other regulated object or area.

 

Shore frontage - the length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.

 

Shoreland zone - the land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond, river; within 250 feet of the upland edge of a wetland; or within seventy-five (75) feet of the normal high-water line of a stream.

 

Shoreline - the normal high water line or upland edge of a freshwater wetland.

 

Single-Component Manufactured Housing - Manufactured housing which is constructed and transported in one (1) section that is a habitable dwelling unit.

 

Skid Road or Skid Trail - A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

 

Slash - The residue, e.g., treetops and branches left on the ground after a timber harvest.

 

 

 

Special Flood Hazard Area - see Area of Special Flood Hazard.

 

Start of Construction (Flood Plain)- means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 360 days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

 

Stream - A free flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river.

 

Street - Public and private ways such as alleys, avenues, boulevards, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way.

 

Structure - Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences.  The term includes structures temporarily or permanently located, such as decks, and satellite dishes. Structure - means, for floodplain management purposes, a walled and roofed building.  A gas or liquid storage tank that is principally above ground is also a structure.

 

Subdivision - A subdivision is the division of a tract or parcel of land into 3 or more lots within any (5) five year period, which period begins after September 22, 1971, whether accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” shall also include the division of a new structure or structures on a tract or parcel of land into 3 or more dwelling units within a 5-year period and the division of an existing structure or structures previously used for commercial or industrial use, or use as a single family dwelling unit into 3 or more dwelling units within a 5-year period. 

 

A.      In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of the tract or parcel is considered to create the first 2 lots and the next dividing of either of the first 2 lots, by whomever accomplished is considered to create a third (3rd) lot, unless;

1.       Both dividings are accomplished by a subdivider who has retained one of the lots that has been the subdivider's principal residence for a period of at least 5 years   immediately prior to that second (2nd) division; or,

2.       The dividing of a tract or parcel is otherwise exempt under this Ordinance.

 

B.       The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this section, do not become subject to this section by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel.  The Planning Board shall consider the existence of the previously created lot or lots in reviewing a proposed subdivision created by a subsequent dividing.

 

C.      A lot of 40 or more acres shall not be counted as a lot, except where the lot or parcel from which it was divided is located wholly or partly within any shoreland area as defined in Title 38MRSA, Section 435 or section 3 of the Mount Vernon Land Use Ordinance.

 

D.       

1.                         A division accomplished by devise does not create a lot or lots for the purpose of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

2.                         A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

3.                         A division accomplished by order of court does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

4.                         A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of 5 years prior to a division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this land Use Ordinance.  If the real estate exempt under this paragraph is transferred within 5 years to another person not related to the donor of the exempt real estate as provided in this paragraph, then the previously exempt division creates a lot a lots for the purposes of this subsection.  “Person related to the donor” means a spouse, parent, grandparent, brother, sister, child, or grandchild related by blood, marriage or adoption.  A gift under this paragraph cannot be given for consideration that is more than ½ the assessed value of the real estate.

 

5.                         A division accomplish by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transfer is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

6.                         A division accomplished by the transfer of any interest in land to the owners of land abutting the at land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.  If the real estate exempt under this paragraph is transferred within five years to another person without all the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.

 

E.      The division of a tract or parcel of land into 3 or more lots and upon each of which lots permanent dwelling units legally existed before September 23, 1971 is not a subdivision.

 

F.      In determining the number of dwelling units in a structure, the provisions of this subsection regarding the determination of the number of lots apply, including exceptions from the definition of a subdivision of land.

 

G.     The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under paragraphs D-1 to D-6, or subsequent   transfer of that entire lot by the original holder of the security interest or that person’s successor in interest, does not create a lot for the purposes of this definition, unless the intent if the transferor is to avoid the objectives of this Ordinance.

 

 

For the purposes of this Ordinance, a tract or parcel of land is defined as all contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof.

 

The term “subdivision” shall include mobile home parks, apartments, condominiums, cooperative housing, campgrounds where the property interest in individual campsites is conveyed, and other multi-family housing if any of the above contain three or more living units.  The term subdivision shall also include re-subdivision.

 

Subdivision, High Impact - Any subdivision containing fifteen (15) or more lots or dwelling units.

 

Subdivision, Major - Any subdivision containing five (5) or more lots or dwelling units.

 

Subdivision, Minor - Any subdivision containing less than five (5) lots or dwelling units.

 

Subdivision Road - For the purposes of this Ordinance, a “subdivision road” is any road created as part of a subdivision approved by the Planning Board after the effective date of this Ordinance

 

Substantial Construction - “Substantial construction” shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a mobile or manufactured home on a foundation, slab or pad.  Substantial construction does not mean land preparation, such as clearing, grading and filling.

 

Substantial Construction (Roads)-“Substantial construction” shall mean any road building construction beyond the initial clearing of the road bed area.

 

Substantial Damage _ means, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

Substantial Enlargement - An expansion of the land area of the development site by more than 25% at any one time or in total since 6/21/88

 

Substantial Improvement - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.  This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed.  The term does not, however, include either:

 a.      Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or

b.      Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

 

Subsurface sewage disposal system - any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fileds; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.  a collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or waste water on or beneath the surface of the earth.  The term shall not include any waste water discharge system licensed under 38 MRSA Section 414, any surface waste water disposal system licensed under 38 MRSA Section 413 Subsection 1-A, or any public sewer.  The term shall not include a waste water disposal system designed to treat waste water which is in whole or in part hazardous waste as defined in 38 MRSA (chapter 13, subchapter 1).

 

Surface Gravel.  The aggregate “surface gravel” 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 that part that passes a 2 inch square mesh sieve shall meet the following grading requirements.      

 

Sieve Designation         % by Weight Passing Square                                                                                Mesh Sieves

                                    ½ inch                                      45-70%

            ¼ inch                                      30-55%

                                                No. 40                          0-20%

                                                No. 200                            0- 5%

Aggregate for the surface shall contain no particles of rock exceeding two inches in any dimension.

Sustained Slope - A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

 

Temporary Piers, Docks, Wharves, Bridges and other Structures- any structure which remains in or over the water seven (7) months or less in any period of twelve (12) consecutive months. 

 

Temporary Storage - “Temporary storage” refers to a period of time not to exceed 90 days during which a vehicle is parked at a facility being serviced or awaiting service.

 

Timber Harvesting - the cutting and removal of trees timber for the primary purpose of selling or processing forest products.  The cutting or removal of trees in the shorelandzone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting.  Such cutting or removal of trees shall be regulated pursuant to Section 5(c) 18 Clearing or Removal of Vegation for Activities Other Than Timber Harvesting from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads.  Timber harvesting does not include the clearing of land for approved construction.(see commercial Timber Harvesting)

 

Tract, or Parcel, of Land - All contiguous land in the same ownership, whether or not the tract is separated at any point by an intermittent or non-navigable stream, or a private road established by the abutting landowners.

 

This is where started on new version.

Tributary Stream - A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland terrestrial  vegetation or presence of aquatic vegetation and by the presence of a bed, devoid of topsoil, containing water borne deposits on exposed soil, parent material or bedrock,; and whichis connected hydrologically with other waterbodies.f”Tributary stream does not includelows to a water body or wetland as defined.  This definition does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. .  This definition does not include the term “stream” as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the shore land zone of the receiving water body or wetland.

 

Topsoil Removal - Shall mean the excavation of loam or loamy materials from an area for placement elsewhere.

 

Unserviceable Vehicle - An “unserviceable vehicle” shall mean any motor vehicle which is wrecked, dismantled, cannot be operated legally on any public highway or which is not being used for the purpose for which it was manufactured. Operable farm machinery or farm vehicles shall not be considered “unserviceable vehicles”.

 

Upland Edge of a wetland - the boundary between upland and wetland.

Uses - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

 

Variance - A relaxation of the terms of this ordinance where such variance would not be contrary to the public interest where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this ordinance would result in unnecessary or undue hardship.  A financial hardship shall not constitute grounds for granting a variance.

 

The required findings in order to grant a variance are:

       a.      That the land in question cannot yield a reasonable return unless a variance is granted;

      b.      That the need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood;

       c.      That the granting of a variance will not alter the essential character of the locality; and

      d.      That the hardship is not the result of action taken by the applicant or an immediately prior owner.

 

Vegetation - all live trees, shrubs, ground cover, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 ½ above ground level.

 

Violation - means the failure of a structure, land use, or development to comply with the requirements of this Ordinance.

 

Volume of a Structure - the volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

 

Volume of Trees of Total Volume of Trees- Is measured as the cross-sectional area (basal) area of the tree stems at a 4.5 feet above the ground.  The basal area of a given acreage is the sum of the basal areas of the trees 4" in diameter measured at 4.5 feet above the ground on that acreage.  Basal area of an area of forest land may be determined by conducting an inventory or by estimating from representative plots in accordance with accepted estimated standards recognized by the Maine Department of Conservation, Maine Forest Service.

 

Waterbody - any great pond, river, stream or reservoir of standing water one acre or more in surface area.

 

Water Crossing- any project extending from one bank to the opposite bank of a river or ,stream, tributary stream, or wetland whether under, through, or over the water courseor wetland Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings.  This definition includes crossings for timber harvesting equipment and related activities. 

 

Watercourse - A watercourse is any river or stream, which acts as the drainage mechanism for watershed areas of 100 acres or more. 

 

Wetland - Wetlands are land areas of 10 or more acres characterized by wetland soils and vegetation as defined by the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands” U.S.Fish & Wildlife Service, U.S.EPA, U.S. Dept. of the Army, and U.S. SCS 1987.

 

Woody Vegetation - live trees or woody, non-herbaceous shrubs,

 

 
 

SECTION 4

LAND USE DISTRICTS

 

 

  1. PURPOSE

 

The purpose of these district requirements is to implement the Town’s Comprehensive Plan and to provide for orderly growth and development consistent with the purposes stated in Section 1.

 

 

  1. APPLICABILITY

 

This Ordinance applies to all land areas within the Town of Mt. Vernon. This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.

 

 

  1. ESTABLISHMENT OF DISTRICTS

    

1.                   Shoreland Zone:

 

All land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream.

 

The Shoreland Zone shall include the following Districts:     

 

Resource Protection District

The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values.  This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the Stream Protection District, except that areas, which are currently developed, and areas, which meet the criteria for the Village District, need not be included within the Resource Protection District.

 

a.                               Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated “moderate” or “high” value waterfowl and wading bird habitat, including nesting and feeding areas wildlife habitat by the Maine Department of Inland Fisheries and Wildlife (MDIFW) that are depicted on a geographic information system (“GIS”) data layer maintained by either MDIF&W or the Department of Environmental Protection as of December 31, 2008.  For the purposes of this paragraph, “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surfaced elevation at or below the water level of the great pond or river during the period of normal high water.  “Wetlands associated with great ponds or rivers” are considered to be part of that great pond or river.  January 1, 1973, or thereafter.

 

b.                              Flood plains along rivers and flood plains along artificially formed great ponds along rivers, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.

 

c.                               Within the Shoreland Zone, areas of two or more contiguous acres with sustained slopes of 20%(2ft. vertical rise over a 10ft.horizontal distance) or greater.

d.                              Within the Shoreland Zone, areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a wetland as defined, and which are not surficially connected to a water body during normal spring high water.

 

e.      Land areas along rivers subject to severe bank erosion undercutting, or river bed movement.

 

Limited Residential District

 

The Limited Residential District includes those areas suitable for residential and recreational development.  It includes areas other than those in the Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the Limited Commercial District.

 

 

Stream Protection District

 

The Stream Protection District includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond or river, or within two hundred and fifty (250) feet, horizontal distance, of the upland edge of a wetland.  Where a stream and its associated shoreland area is located within two hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.

 

 

2.       Village District

 

All the land described by the following property tax map descriptions:

 

Map U4:            Lots3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21, 22,23,24,25 and 26.

Map U5:            Lots 1,1A,2,3,4 5,7,9,10,11,12,13, 14,15,17,18,21,22 and 22A.

Map U6:            Lots 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19A,20,21,22,24,25,26,27,28,30,31,32 and 33

 

 

3.       Rural District:

 

All areas of Mount Vernon not within the Shoreland Zone or Village District, or the Limited Commercial District.

 

4.       Limited Commercial District

 

All land described by the following property tax map descriptions:

 

Map R-10:  Lots 8, 72, 73, 10, 12, 13, 13A, 16, 18, parts of Lot 11 & 14 not in the Shoreland Zone

Map R-3:    Lots 10, 11, 12, 13, 14

Map U-3:    Lot 2 north of lot 2A

Map U-2:    Lot 1

 

 

D.    DISTRICTS AND ZONING MAP

 

1.       Official Land Use Map

 

The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Land Use Map, which is made a part of this Ordinance:

 

1.     Resource Protection

2.     Limited Residential

3.     Village District

4.     Stream Protection

5.     Rural District

6.     Limited Commercial

 

2.       Scale of Map

 

The Official Land Use Map shall be drawn at a scale of not less than: 1 inch = 2000 feet.  District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

 

3.       Certification of Official Land Use Map

 

The Official Land Use Map shall be certified by the attested signature of the Town Clerk and shall be located in the town office.

 

4.       Changes to the Official Zoning Map

 

If amendments, in accordance with Section 1(H), are made in the district boundaries or other matter portrayed on the Official Land Use Map, such changes shall be made on the Official Shoreland Map within thirty (30) days after the amendment has been approved by the Town Meeting or the Department of Environmental Protection, if applicable.

 

E.      INTERPRETATION OF DISTRICT BOUNDARIES

 

Unless otherwise set forth on the Official Land Use Map, district boundary lines are property lines, the centerlines of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. 

 

With respect to the boundaries of any mapped natural resource area as depicted on the Town's official zoning map(s) (i.e., resource protection, limited residential, and stream protection districts), where the boundary is related to the upland edge of a wetland or the high water line of a surface water body, the administrative authority may verify an applicant’s delineation or representation of the natural resource district's actual boundary by performing an on-site inspection with the permission of the property owner.  Where disagreement exists as to the exact location of district boundary lines , the Mt. Vernon Board of Appeals shall be the final authority as to location.

 

 

F.       TABLE OF LAND USES:

 

All land use activities, in the Town of Mount Vernon shall conform to the provisions of Table 1.  In addition, land uses in the Shoreland Zones, the Village District  and the Rural District, shall conform with all of the applicable land use standards in any section of this Ordinance.  The district designation for a particular site shall be determined from the Official Land Use Map.

 

 

Key to Table 4-1:

 

Yes:     Allowed (no permit required but the use must comply with all applicable land use standards)

 

            No:       Prohibited

          

PB:       Requires approval by the Planning Board prior to the CEO issuing a permit

 

CEO:    Requires permit issued by the Code Enforcement Officer

           

LPI:      Requires permit issued by the Local Plumbing Inspector

 

 

Abbreviations:

 

RP - Resource protection

 

LR - Limited Residential

 

LC - Limited Commercial

 

SP - Stream Protection

 

VD - Village District

 

RD - Rural District

    

            BI   - Requires permit from the Building Inspector.

 
 

TABLE 4-1

 

 

LC

SP

RP

LR

RD

VD

1.

Non-intensive recreational uses not requiring structures such as

hunting, fishing and hiking.

yes

yes

yes

yes

yes

yes

2.

Motorized vehicular traffic on existing roads and trails

yes

yes

yes

yes

yes

yes

3.

Forest management activities except for timber harvesting

yes

yes

yes

yes

yes

yes

4.

 Timber Harvesting

 

 

 

 

 

 

A.

 Commercial (more than 50 cords/year)

yes*

PB*

CEO 1

PB*

yes*

PB*

B.

 Non-commercial (less than 50 cords/year)

yes*

yes*

CEO 1

yes*

yes*

yes*

5.

Clearing of vegetation for approved construction and development

yes

CEO

CEO 1

yes

yes

yes

6.

Fire Prevention Activities

yes

yes

yes

yes

yes

yes

7.

Wildlife Management Practices

yes

yes

yes

yes

yes

yes

8.

Soil & Water conservation practices

yes

yes

yes

yes

yes

yes

9.

Mineral exploration

yes

no

yes 2

yes 2

yes 2

yes 2

10.

Mineral extraction including sand & gravel

PB

no

PB 3

PB

PB

PB

11.

Surveying and resource analysis

yes

yes

yes

yes

yes

yes

12.

Emergency Operations

yes

yes

yes

yes

yes

yes

13.

Agriculture

yes

yes

PB

yes

yes

yes

14.

Aquiculture

yes

PB

PB

PB

yes

yes

15.

Principal structures and uses

 

 

 

 

 

 

A.

One & two family residential

BI

PB 4

no

CEO/BI

BI

CEO/BI

B.

Multi-unit residential

PB

no

no

PB

PB 12

PB 9

C.

Commercial

PB

no

no

no

PB 12

PB 9

D.

Industrial

PB

no

no

no

PB 12

PB 9

E.

Governmental & institutional

PB

no

no

no

PB

PB 9

F.

Small non-residential facilities for educational scientific,

or nature interpretation purposes

PB

PB 4

PB

CEO

CEO

PB 9

16.

Structures accessory to allowed uses

CEO

PB 4

PB

CEO

CEO

PB

17.

Piers, docks, wharfs, bridges and other structures

 

 

 

 

 

 

A.

Temporary

CEO

CEO

CEO

CEO

CEO

CEO

B.

Permanent

PB

PB

PB

PB

PB

PB

18.

Conversions of seasonal residences to year round

LPI

LPI

No

LPI

LPI

LPI

19.

Home Occupations

Yes

PB

No

PB

Yes

Yes

20.

Private sewage disposal systems for allowed uses

LPI

LPI

no

LPI

LPI

LPI

21.

Essential services

PB

PB6

PB6

PB

PB

PB

22.

Service drops, as defined, to allowed uses

Yes

Yes

Yes

Yes

Yes

Yes

23.

Public & private recreational areas involving minimal structural development

Yes

PB

PB

PB

Yes

Yes

24.

Individual, private campsites

CEO

CEO

CEO

CEO

CEO

CEO

25.

Campgrounds

PB

No

No7

PB

PB

PB

26.

Road & driveway construction

PB

PB

No8

PB

PB11

PB

27.

Parking facilities

PB

No

No7

PB

PB

PB

28.

Marinas

N/A

PB

No

PB

N/A

PB

29.

Filling & earth moving of less than 10 cubic/yards

Yes

CEO

CEO

Yes

Yes

Yes

30.

Filling & earth moving of more than 10 cubic/yards

Yes

PB

PB

CEO

Yes

PB

31.

Signs

Yes

Yes

Yes

Yes

Yes

Yes

32.

Uses similar to allowed uses

PB

CEO

CEO

CEO

PB

PB

33.

Uses similar to uses requiring a CEO permit

CEO

CEO

CEO

CEO

CEO

No

34.

Uses similar to uses requiring a PB permit

PB

PB

PB

PB

PB

PB

 

1.                                           In RP not permitted within 75 feet of the normal high-water line of great ponds, except to remove safety hazards.

 

2.                                           Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.

 

3.                                           In RP not permitted in areas so designated because of wildlife value.

 

4.                                           Provided that a variance from the setback requirement is obtained from the Board of Appeals

 

5.                                           Functionally water-dependent uses and uses accessory to such water dependent uses only

 

6.                                           See further restrictions in Section 5C(12)(a)

 

7.                                           Except when area is zoned for resource protection due to flood plain criteria in which case a permit is required from the PB.

 

8.                                           Except to provide access to permitted uses within the district, or where no reasonable alternative route or location is available outside the RP area, in which case a permit is required from the PB.

 

9.                                           See further restrictions in Section 5(C)(6) Village District.

 

10.                                       See standards set forth in Section 5(C)(6)

 

11.                                       PB approval required for roads only

 

12.  See further restrictions see Section 5(C)(1)(a)

 

13.  See Section 5(B) and Section 6 for allowable reductions of minimum lot size after first unit..

 

 

  • See Requirements of Site Plan Review Section 6(E)(14)

 

** Industrial Uses not permitted in within the shoreland zone. Within the Village District see Section 5(C)(7).

 

 

NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection pursuant to Title 38 M.R.S.A., Section 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

 

 a.      Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;

b.      Draining or otherwise de-watering;

 c.      Filling, including adding sand or other material to a sand dune; or

d.      Any construction or alteration of any permanent structure.

 

SECTION 5

LAND USE STANDARDS

 

 

A.      PURPOSE

 

This Section shall establish standards for the construction, placement, relocation, and enlargement of all buildings and accessory structures, and performance standards for land use  in Mt. Vernon.

 

 

B.      GENERAL STANDARDS – BUILDING (ALL DISTRICTS)

 

No residential building permit shall be issued by the Building Inspector unless the application proposal is determined by the Building Inspector to comply with all applicable state laws and regulations, local ordinances, and each of the following standards, except as may be allowed for in Section 7(H) for approved Cluster Development.:

 

1.                               Setbacks: No building or accessory structure shall be constructed closer than fifteen (15) feet from any boundary line, and all buildings and accessory structures shall have a setback of at least seventy-five (75) feet from the center line of the road except as provided below.

 

2.                               Road Setback in the Village District.  Notwithstanding any other requirement of this section, in the Village District, the minimum set back from the centerline of the road shall be fifty (50) feet.

 

3.                               Road Setback on Minor Public Roads: On minor public roads, accessory structures shall have a minimum setback of at least (50) feet from the centerline of the road. To qualify for the reduced setback, the building must be less than one thousand (1000) square feet in size at ground level.

 

4.                               Minimum Lot Size:  A building may not be constructed on a lot of less than two (2) acres, except that a permit may be issued for the placement of a mobile or manufactured home on a smaller lot when that lot is a part of a mobile home park which has been approved by the Mt. Vernon Planning Board pursuant to the mobile home park design regulations found in the Section 7 of this Ordinance.  Also, a permit may be issued for construction on a non-conforming lot of record in accordance with Section 2 of this Ordinance.

 

5.                               Minimum Lot Size and Road Frontage in the Village District.  Notwithstanding any other requirement of this section, in the Village District, a legally created single lot of record, which does not meet the minimum lot area and/or road frontage requirements set forth in Section 5(B)(4) & (6), may be built upon provided such lot development adheres to the Maine State Plumbing Code and all other applicable land use requirements.

 

6.                               Road Frontage:  Except as provided in Section 5(B)(5) & (7), all buildings shall be constructed on a lot or parcel of land with a public or private road frontage of at least two hundred (200) feet.

 

 

7.                               Back Lots:  Back lots are exempt from the road frontage requirement of Section 5(B)(6), except that such lots, in the absence of a waiver issued by the Planning Board in accordance with the criteria established in Section 9(F)  of this Ordinance, shall be served by a driveway designed at a minimum to the specifications of a driveway to a back lot found in Section 9.  Back lots must have at least one lot line equal to or greater than 200 feet.  The lot over which the back lot driveway easement passes must be able to meet the minimum lot size requirements of this Ordinance after the subtraction of the area of easement to be used as the right-of-way to the back lot.  Driveways serving the buildings of back lots permitted under this Ordinance shall serve as access to no more than two back lots and may also serve as access to the front lot over which it passes.

 

8.                               Multiple Dwelling Units on a Single Lot:  If more than one dwelling unit is constructed on a single lot or parcel, the parcel shall contain at least two (2) acres and two hundred feet of frontage on a public or private road for each dwelling unit.

 

9.                               Multiple Dwelling Units in the Village District.  Not withstanding any other requirement of this section  a multiple dwelling unit, in the Village District, of less than three units may be built or constructed on a legally created single lot of record which does not meet the minimum lot area and road frontage requirements set forth in Section 5(B)(4,5,6), provided such lot development adheres to the Maine State Plumbing Code and all other applicable land use requirements.

 

 

C.      LAND USE STANDARDS

 

In addition to the Standards of Section 5(B) above  all land use activities within the Town of Mt. Vernon shall conform with the following provisions within the Districts to which they  apply.

 

1.       Minimum Lot Standards Shoreland & Village District.

                                         

                                                                 Minimum Lot Area      Minimum Shore Frontage**

                                                                        (acres)                            (feet)

 

Residential per dwelling unit                  2                                  200

 

Governmental, Institutional

Commercial per principal

Structure                                                           2*                                 200

 

*  NOTE: Refer to Section 6 “Site Plan Review” for additional standards governing minimum lot size.

 

** NOTE: The 200 foot shore frontage standard is not applicable for properties in the Village District with no shore frontage.  For additional standards, see Section 6 Site Plan Review.

 

             a.      Land below the normal high-water line of a water body or upland edge of wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

            b.      Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

             c.      The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

            d.      If more than one residential dwelling unit ,or more than one principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, or principal structure, or use..

 

2.       Principal and Accessory Structures

 

a.       All new principal and accessory structures shall be set back at least one hundred (100) feet horizontal distance from the normal high-water line of great ponds and rivers, and seventy-five (75) feet horizontal distance from the normal high-water line of streams, tributary streams, or the upland edge of a wetland in the Shoreland Zone.  In the Resource Protection District, the setback requirement shall be 250 feet, horizontantal distance except for structures, roads, parking spaces, or other regulated objects specifically allowed in that District, in which case the setback requirements specified above shall apply. 

 

In addition:

 

Structures Requiring Direct Access

i.                     The water body body, tributary stream or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland  as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

 

Areas Requiring Increased Setbacks

ii.                   The Administrative Authority may increase the required setback of a proposed structure, as a condition to permit approval and in accordance with this subsection, if necessary to accomplish the purposes of this Ordinance.  Instances where a greater setback may be appropriate include, but are not limited to, areas of steep slope; shallow or soils subject to erosion; and/or where an adequate vegetative buffer does not exist. Where the average slope of the land immediately between the high water mark of the water body and all proposed structures and designed impervious areas exceeds 20%, the Administrative Authority may extend the required set back 25 feet for every 5 percentage points (or part thereof) of average slope over 20%, not to exceed a total setback extension of 50 feet.

 

Where the point value analysis regarding a “well distributed stand of trees and other vegetation”, as computed pursuant to Section 5C(18) is less than 12 points, with regard to development proposed in shoreland areas adjacent to great ponds, rivers, or streams, the Administrative Authority may extend the required setback 5 feet for every point value less than 12, not to exceed a total setback extension of 50 feet.

 

Where the point value analysis regarding a “well distributed stand of trees and other vegetation” is less than 8 points with regard to development proposed in shoreland areas adjacent to wetlands and tributary streams, the Administrative Authority may extend the required setback 5 feet for every point value less than 8, not to exceed a total setback extension of 40 feet.

 

For the purpose of this determination, the applicant shall apply the point value analysis found in Section 5C(18) to three representative parcels 25 feet by 25 feet in area (625 square feet) which are located within the land area immediately between the high water mark of the water body and all proposed structures and designed impervious areas.  The applicant shall than average the results to reflect the point value for a single, 625 square foot representative parcel.

 

No combination of extended set back requirements authorized by this subsection shall exceed a total setback requirement, which is greater than 50 feet over the setback otherwise required.

 

            Maximum Height of Buildings

b.      Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Village District, and Stream Protection Districts, shall not exceed thirty (30) feet in height.  This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

 

Structures Located in Floodzones

c.       The first lowest floor elevation or openings of all buildings and structures including basements shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood plain soils.

 

Maximum Non-Vegetated Surface Area Allowed

d.      The total area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion there of, located within the shoreland zone, including land area previously developed.

 

Stairways to Water

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

 

Housing Restrictions – Village District

f.         In the Village District, proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings.  The Administrative Authority may require new construction to utilize exterior building materials which harmonize with surrounding properties and to be designed so as not to be architecturally incompatible in terms of scale, height, window size and roof pitch.

 

New or replacement principal structures in this District shall not include single-component manufactured housing and shall have a minimum enclosed first floor living area of 600 square feet and a minimum total area of 1200 square feet of which 400 feet may be below the first floor.  New or replacement principal structures shall rest on a full masonry foundation which extends to the shallower of frost line or bedrock and have a minimum roof pitch of 6:12 excluding dormers.

 

3.       Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or Beyond the Normal High-Water Line of a Water Body or Within a Wetland.

 

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

b.      The location shall not interfere with existing developed or natural beach areas.

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

d.      The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and existing conditions, uses, and character of the area.  A temporary pier, dock or wharf in non tidal waters shall not be wider than six feet.  Piers, docks, wharves and other structures shall not extend more than thirty (30) feet from shore or 30% of the width of the water body whichever is less or contain more than 200 square feet of surface area.  A pier, dock, wharf or other structure longer than thirty (30) feet and larger than 200 square feet may be permitted by the Planning Board upon a finding, after a public hearing, that the additional size is necessary for safety and/or operational necessity provided that the pier, dock, wharf or other structure extends no further than that point at which the depth of water reaches six (6) feet as measured from the normal spring high water mark or 30% of the width of the water body, whichever is less.

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

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

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

 

NOTE: Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 M.R.S.A., Section 480-C.

 

4.       CAMPGROUNDS

 

Campgrounds shall conform to the minimum requirements imposed under State licensing procedures, Section 6 “Site Plan Review” and the following:

 

a.                   The minimum lot size for campground sites shall conform to the campground lot size standards found in Section 6(E)(1) “Site Plan Review”.  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.

 

b.                  The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of one hundred (100) feet from the normal high-water line of a great pond or river, and seventy-five(75) feet from other water bodies, tributary streams or the upland edge of a wetland.

 

 

5.       INDIVIDUAL PRIVATE CAMPSITES

 

Individual, private campsites not associated with campgrounds are permitted provided the following conditions are met:

 

a.                   One campsite per legally created existing lot or 2 acres in size, whichever is less, may be permitted.

b.                  Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back one hundred (100) feet from the normal high-water line of a great pond or river, and

a.       seventy-five (75) feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

b.      Only one recreational vehicle shall be allowed on a campsite.  The rRecreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except a canopyies shall be attached to the recreational vehicle.

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

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

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

 

 

6.       COMMERCIAL AND INDUSTRIAL USES

 

The following new commercial and industrial uses are prohibited within the Shoreland Zone and the Village District:

 

a.       Auto washing facilities

b.      Auto or other vehicle service and/or repair operations, including body shops

c.       Chemical and bacteriological laboratories

d.      Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms

e.      Commercial painting(except for maintaining existing uses), wood preserving, and furniture stripping

f.         Dry cleaning establishments

g.      Electronic circuit assembly

h.       Laundromats

i.         Metal plating, finishing, or polishing

j.         Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas

k.       Photographic processing

l.         Printing

m.     Adult establishments

 

7.       ALLOWED USES – VILLAGE DISTRICT

 

a.       In the Village District, the following uses shall be permitted provided all other applicable land use standards are complied with:

 

1.       Residential and two family dwellings

2.       Governmental/municipal

3.       Office, business, professional, medical

4.       Church

5.       Non-motorized water recreational/rental

6.       Park/playground

7.       Day nursery/day care

8.       Bed and breakfast

9.       Art gallery

10.   Retail business or outlet not employing more than five people on the premises at any one time

11.   Bank

12.   Barbershop/hairdresser

13.   Tailor/seamstress

14.   Community center/club

15.   Theater

16.   Museum

17.   Antique shop

18.   Home occupation

19.   Craft shop

20.   Renting of rooms in a private dwelling

21.   Farmers market

22.   Public utility installations, including pumping stations and waste treatment facilities

23.   School/studio

24.   Class A restaurant eligible to obtain a Class I license for the sale of liquor

25.   Service contractor

 

b.      Any use not specifically permitted in subsection 7(a) above is prohibited in the Village District unless the Planning Board, upon written application, finds that the proposed use is 1) similar to the allowed uses listed in subsection 7(a) above, and 2) the proposed use will have no greater adverse impact upon the subject and adjacent properties and resources than the allowed listed in subsection 7(a).  The determination of no greater adverse impact shall be made upon written findings according to the criteria listed in Section 2(C)(4).

 

 

8.       RURAL DISTRICT USES

 

a.       In the Rural District, the following uses shall be permitted provided all other applicable land use standards are complied with:

 

1.       Residential & two family dwellings

2.       Agriculture;

3.       Forestry

4.       Outdoor recreation

5.       Home occupations

6.       Public utility facility

7.       Government offices

8.       Church

9.       Community center/club

10.   Fire station

11.   School/educational facility

12.   Studio/gallery

13.   Mobile home park

14.   Multi family dwellings </= six units

15.   Bed & breakfast

16.   Renting of rooms in a private dwelling

 

b.      Commercial & Industrial activities provided the following criteria are met to the satisfaction of the Administrative Authority:

 

i.                     The foundation dimensions of any new structure related to the activity shall be no greater than 1600 ft2;

ii.                   The operator of the activity must reside on-site or on an adjacent lot;

iii.                  Retail operations are permitted only if the sales are less than forty (40)hours per week;

iv.                 The activity must employ no more than ten (10) employees on the premises at any one time;

v.                   The activity must not require more than 15 parking spaces;

vi.                 The activity must be included in the following list of permitted commercial & Industrial uses;

1.       Boarding/Lodging

2.       Boat building /repair

3.       Building materials, retail sales

4.       Firewood processing

5.       Sawmill

6.       Retail business

7.       Service business

8.       Offices – business, professional & medical

9.       Transportation, communication facility

10.   Day Care/Nursery

11.   Farmer’s Market, Farm Stand

12.   Agricultural products & processing & storage (excluding abaittoirs)

13.   Composting facility

14.   Animal breeding or care

15.   Kennel, Stable, or Veterinary Hospital

16.   Cemetery

17.   Mineral Exploration & Extraction

18.   Commercial Recreation

19.   Campgrounds

20.   Machine Shop

21.   Auto Repair, Car Wash, or Car Sales

22.   Class A Restaurant eligible to obtain a Class I license for liquor sales

 

vii.                Notwithstanding any other requirement of this Ordinance, in the Rural District the minimum setback from the center line of the road for the following uses shall be 100 feet:

 

1.       Firewood processing;

2.       Kennels

3.       Auto repair, car wash, car sales

 

Any use not specifically permitted by subsection 8a, of this section, or as a special exception use in subsection 8c , is prohibited in the Rural District unless the Planning Board, upon written application, finds that the proposed use is: 1) similar to the allowed uses listed in subsection 8a..and 2) the proposed use will have no greater  adverse impact upon the subject and adjacent properties and resources than the allowed uses listed in subsection 8a. The determination of no greater adverse impact shall be made upon written findings of fact according to the criteria listed in subsection 8c.

 

c.       Special Exceptions in the Rural District: The Planning Board may approve for development within the Rural District those land uses listed as Special exceptions in Section 5 (c)(8)(d). The determination of the Board shall be in harmony with the expressed intent of the Land Use Ordinance and with the Comprehensive Plan. Special Exceptions shall be allowed only when they will substantially serve public convenience and welfare and will not involve danger to health & safety. In addition, special exceptions may be granted only upon written findings by the Planning Board that the following conditions have been met in addition to any other conditions of this Ordinance or other applicable ordinance.

    

i.                     That the proposed use will neither create nor aggravate a traffic hazard, a fire hazard or   any other safety hazard.

ii.                   That the existing road or roadways are adequate to safely accommodate any increase or change in traffic to be generated by the proposed use or that the developer will upgrade the roadway to the required level.

iii.                  That the foundation dimension of the proposed structure shall not exceed 3200 Ft2.

iv.                 That the proposed use will be compatible with existing uses in the neighborhood, and will not tend to depreciate the value of property adjoining and neighboring the property under application.

v.                   That reasonable provisions have been made for adequate land space, lot width, lot area, drainage, parking, landscaping, building separation, sewage, and as applicable a plan or contract for perpetual maintenance of all common green space and clustered parking areas to assure all such areas will be maintained in a satisfactory manner.

vi.                 That any municipal services, required by the proposed use including, without limitation, fire, school, or police protection are presently available.

vii.                That no fire or explosion hazards shall exist as to produce dangerous exposure to adjacent property.

viii.              That no objectionable odors shall be detectable beyond the property line.

ix.                 That no noxious, toxic, or corrosive fumes or gases shall be emitted.

x.                   No observable dust or smoke be exhausted into the air.

xi.                 No heat and glare shall be evident beyond the property line.

xii.                No inherent and recurring generated vibration shall be perceptible at the property line.

xiii.              No dangerous radiation shall be detectable outside any structure.

xiv.              Fuel, raw, partially processed, finished, or other material, machinery, supplies, and equipment shall be stored within 100 feet of the center of the road, and in no case shall be visible from the road.

xv.               The proposed use will not result in the unreasonable sedimentation or erosion or have an adverse effect on water supplies.

 

d.      Special Exception Uses in the Rural District. The Planning Board may approve the following uses as Special Exception Uses in the Rural District upon written findings that all of the requirements for a Special Exception Use have been met.

 

i.                     Light manufacturing

ii.                   Fabrication

iii.                  Multi-family dwellings containing more than six units

iv.                 Any of the permitted uses listed in Section 5(C)(8)(b)(vi.) which do not meet one or more of the criteria set forth in Section 5(C)(8)(b)(i.thru v.)

 

e.      Approval of Special Exceptions.  As part of the grant or denial of any petition for a Special Exception, the Planning Board shall make written findings as to whether the proposed use fulfills the foregoing conditions. Approval of a Special Exception may be made subject to such conditions, modification, and restrictions, on the proposed land use, As the Planning Board may deem necessary to carry out the foregoing objectives and conditions. Any development of the land uses allowed by special exception shall be carried out only in conformity to such conditions, modifications, and restrictions in addition to those that may be required by other ordinances. Any change, addition, or enlargement of a Special Exception shall require approval of the Planning Board in the same manner as specified for the original Special Exception.

 

 

9.       PARKING AREAS

 

a.       Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except  that parking areas serving public boat launching facilities such setbacks shall be no less than 50 feet, horizontal distance from the shoreline or tributary stream may be reduced to no less than seventy five (75) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

 

b.      Parking areas shall be adequately sized for the proposed use and shall be designed to prevent  storm    water runoff from flowing directly into a water body,tributary stream or wetland and where feasible, to retain all runoff on-site.

 

c.       In determining the appropriate size of proposed parking facilities, the following shall apply:

 

i.                     Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking   spaces for a vehicle and boat trailer shall be forty (40) feet long.

ii.                   Internal travel aisles: Approximately twenty (20) feet wide.

 

10.   ROADS AND DRIVEWAYS

 

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features in the Shoreland Zone.  Where applicable, road construction shall also be accomplished in accordance with the standards in Section 9 “Roads”.

 

a.       Roads and driveways shall be set back at least one-hundred (100) feet from the normal high-water line of a great pond or river, and seventy-five (75) feet from other water bodies, tributary streams or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board.  If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body tributary stream or wetland..  Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.

 

On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty (20) percent.

 

Section 10(a)This paragraph shall neither does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses.    Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 10(a) except for that portion of the road or driveway necessary for direct access to the structure.

 

b.      Existing public roads may be expanded within the legal road right-of-way regardless of itheir setback from a waterbody, tributary stream or wetland.  ts setback from a water body.t

 

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

 

 

d.      Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 5(C)(19.)

 

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

 

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

 

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

 

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

 

                                                                 Road Grade           Spacing

                                                                    (percent)                (feet)

                                                                        0-2                    250

                                                                        3-5                    200-135

            6-10                  100-80

                                                                        11-15               80-60

                                                                        16-20                60-45

                                                                        21+                   40

 

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

 

                                          iii.      On road sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.

 

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

 

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

 

11.   SIGNS

 

The following provisions shall govern the use of signs in all zones.  Where stricter than the following standards, the signage standards in Section 6 “Site Plan Review”  shall apply to all development reviewed thereunder.

 

a.       Signs and billboards relating to goods and services sold on the premises shall be permitted, provided that such signs shall not exceed thirty-two square feet in area and shall not exceed two (2) signs per premises.  Billboards and signs relating to goods or services not sold or rendered on the premises shall be prohibited.

 

b.      Name signs shall be permitted, provided such signs shall not exceed two (2) signs per premises.

 

c.       Residential users may display a single sign not over three (3) square feet in area relating to the sale, rental, or lease of the premises.

 

d.      Signs relating to trespassing and hunting shall be permitted without restriction as to number provided that no such sign shall exceed two (2) square feet in area.

 

e.      Signs relating to public safety shall be permitted without restriction.

 

f.         No sign shall extend higher than twenty (20) feet above the ground.

 

a.      Signs may be illuminated only by shielded, non-flashing lights.

 

12.   STORMWATER RUNOFF

 

a.       All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural pre-development conditions.  Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.

b.      Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.

 

13.   SEPTIC WASTE DISPOSAL

 

a.       All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules (“Rules”)- and the following:

i.   Clearing or removal of woody vegetation necessary to site a new system and an;y associated fill extensions, shall not extend closer than seventy five feet, horizontal distance, from the normal highwater line of a waterbody or the upland edge of a wetland and ii) a holding tank is not allowed for a first -time residential use in the shoreland zone. .

 

a. Holding Tanks:

 

i.                     Policy Statement:  Notwithstanding any other provisions of this section, it shall be the policy of the Town of Mount Vernon to permit holding tanks only when it is conclusively demonstrated that due to site conditions, lot configuration, or other constraints, the installation of a system with a disposal field is not feasible.

ii.                   Holding tanks may be installed for replacement disposal systems in accordance with conditions of Chapter 4 “Disposal System Setbacks”, Table 400.3 and Section 405 and Chapter 14 “Existing Disposal Systems and Holding Tank Replacement Systems” of the Rules.

iii.                  Holding tanks may be installed to serve structures on improved property where such structures were in existence at the time of adoption of this Ordinance (June 15,1996) and where the design flow does not exceed 300gpd.  Setback distances for holding tanks serving improved property shall satisfy the same conditions as those for replacement disposal systems.

iv.                 Holding tanks may not be used to satisfy the requirements for a Seasonal Conversion Permit under Title 30-A MRSA Section 4215 Subsection 2 or for a first time system.

v.                   A holding tank application shall be prepared by a licensed Site Evaluator and submitted on pages 1 and 2 of DHS From HHE-200.  The Site Evaluator shall include a statement indicating that a disposal field is not feasible due to site conditions, lot configuration, or other constraints.

vi.                 Plumbing fixtures in a structure served by a holding tank shall be modified for maximum water conservation and all water closets shall meet or exceed ASME A 112.19.2 for 1.6 gallons per flush.

vii.                The application shall include a copy of a deed covenant recorded with the Registry of Deeds indicating that a holding tank for the collection and disposal of wastewater is serving the structure.

viii.              The application shall include a copy of the written agreement between the property owner and septic transporter indicating the site or sites at which the septage will be disposed.  Only those sites approved by the Maine Department of Environmental Protection shall be utilized.

ix.                 The holding tank shall be equipped with a visual and audible alarm device.  The alarm shall be located and adjusted in a manger that ensures the tank will be pumped before it becomes full.

x.                   Owners of wastewater holding tanks shall submit copies of all plumbing records for the previous calendar year to the Local Plumbing Inspector not later than January 15.

xi.                 Owners of wastewater holding tanks shall maintain the tanks in a water tight condition.  They shall prevent leaks, overflows, or spills of wastewater from the tank.

 

 

14.ESSENTIAL SERVICES

 

b. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

 

c. The installation of essential services is not permitted in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists.  Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

 

 

j.  15.MINERAL EXPLORATION AND EXTRACTION

 

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface.  A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation.  All excavations, including test pits and holes shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.

 

Mineral extraction may be permitted under the following conditions:

 

a.       A reclamation plan shall be filed with, and approved by, the Planning Board before a permit is granted.  Such plan shall describe, in detail, procedures to be undertaken to fulfill the requirements of paragraph (c.) below.

 

b.      Unless authorized pursuant to the Natural Resources Protection Act, Title 38, M.R.S.A. Section 480-C- Nno part of any extraction operation, including drainage and runoff control features shall be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond or river, and within seventy-five (75) feet, horizontal distance of the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland.  Extraction operations shall not be permitted within seventy-five (75) feet, horizontal distance of any property line without written permission of the owner of such adjacent property.

 

c.       Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:

 

                                                               i.      All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site.  Only materials generated on-site may be buried or covered on-site.

 

NOTE: The State of Maine Solid Waste Laws, Title 38, MRSA, Section 1310 and Chapter 404 of the Department of Environmental Protection’s regulations may contain other applicable provisions regarding disposal of such materials.

 

                                                             ii.      The final graded slope shall be two to one (2:1) slope or flatter.

                                                            iii.      Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area.  Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

 

d.      In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

 

 

16.AGRICULTURE

 

a.       All spreading or disposal of manure shall be accomplished in conformance with the the Manure Utilization Guidelines published by the Maine  Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. § 4201-4209). Maine Guidelines for Manure and Manure Sludge Disposal on Land published by the University of Maine Soil and Water Conservation Commission in July, 1972.

a.        

a.      Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of a great pond or river, or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands.  By January 1, 1996, Aall manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.  Existing facilities which do not meet the setback requirement may remain, but must meet the no discharge provision by January 1, 1996.

b.       

c.       Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal or storage of manure within the shoreland zone shall require a Soil and Water Conservation Plan to be filed with the Planning Board.  Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance.

 

d.      There shall be no new tilling of soil, within one-hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventy-five (75) feet, horizontal distance, from other water bodies; nor within twenty-five feet, horizontal distance, of tributary streams, and wetlands.  Legally created operations in existence and not in conformance with this provision may be maintained.

 

e.      After 6/10/91 newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventy-five (75) feet, horizontal distance of other water bodies, nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands.  Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.

 

k. 17. TIMBER HARVESTING – SHORELAND ZONE

 

a.       Within the strip of land extending 75 feet inland from the normal high-water line in a shoreland area zoned for resource protection abutting a great pond there shall be no timber harvesting, except to remove safety hazards. In order to obtain a permit from the Administrative Authority for timber cutting in a resource protection area abutting a wetland, the applicant for such a permit must provide the Administrative Authority with a clearly mapped delineation of the upland edge of the wetland, as well as a clearly mapped delineation of the 75 foot buffer zone when associated with wetlands adjacent to great ponds.

 

b.      Except in areas as described in Paragraph 1 above, timber harvesting shall conform with the following provisions:

 

i.                     Selective cutting of no more than forty (40) percent of the total volume of trees per acre four (4) inches or more in diameter measured at 4 ½ feet above ground level on any lot in any ten (10) year period is permitted.  In addition:

 

1.       Within one-hundred (100) feet, horizontal distance of the normal high-water line of a great   pond or river, and within seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

 

2.       At distances greater than one-hundred (100) feet, horizontal distance, of a great pond or river, and greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten-thousand (10,000) square feet in the forest canopy.  Where such openings exceed five-thousand (5000) square feet they shall be at least one hundred (100) feet apart.  Such clearcut openings shall be included in the calculation of total volume removal.  For the purposes of these standards volume may be considered to be equivalent to basal area.

 

ii.                   No accumulation of slash shall be left within fifty (50) feet of the normal high-water line of a water body.  In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground.  Any debris that falls below the normal high water line of a water body shall be removed.

 

iii.                  Timber harvesting equipment shall not use stream channels as travel routes except when:

 

1.       Surface waters are frozen; and

2.       The activity will not result in any ground disturbance.

 

iv.                 All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock  or similar hard surface which would not be eroded or otherwise damaged.

 

v.                   Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream.  Upon completion of timber harvesting,    temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

 

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

 

vii.                For further requirements in other zones see Section 6 Site Plan Review.

 

18.CLEARING OR REMOVAL OF VEGETATION FOR ACTIVITIES OTHER THAN TIMBER HARVESTINGFOR DEVELOPMENT – SHORELAND ZONE

 

a.       Within In a shoreland area zoned for Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards.  Elsewhere, in any Resource Protection District the clearing cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

 

b.      Except in areas as described in Paragraph Section 18 (a) above, and except to allow for the development of permitted uses, within a strip of land extending one-hundred (100) feet, horizontal distance, inland from the normal high-water line of a great pond or river, and seventy-five (75) feet, horizontal distance, from any other waterbody tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

 

                                                   i.      There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown.  However, a footpath not to exceed ten sixn (106) feet in width as measured between tree trunks and/or shrub stem is permitted allowed provided that a cleared line of sight to the water through the buffer strip is not created.  Adjacent to a great pond, or stream or river flowing to a great pond, the width of the foot path shall be limited to six (6) feet.

i.                                                             

                                                 ii.      Selective cutting of trees within the buffer strip is permitted allowed provided that a well-distributed stand of trees and other natural vegetation is maintained.  For the purposes of this section a “well-distributed stand of trees and other vegetation” adjacent to a great pond or a river or stream flowing to a great pond, shall be defined as maintaining a rating score of 12 or more in any 25-foot by 25-foot square (625 square feet) area as determined by the following rating system.

 

Diameter of Tree at 4-1/2 Feet Above Ground Level

 

Inches           Points

 

2-4 inches          1

>4-12 inches      2

>12 inches         4

 

Adjacent to other water bodies, tributary streams, and wetlands, a “well-distributed stand of trees and other vegetation” is defined as maintaining a minimum rating score of 8 per 25-foot square area.

 

NOTE: As an example, adjacent to a great pond, if a 25-foot x 25-foot plot contains three (3) trees between 2 and 4 inches in diameter, three trees between 4 and 12 inches in diameter, and three trees over 12 inches in diameter, the rating score is:

(3x1) + (3x2) + (3x4) = 21 points

 

Thus, the 25-foot by 25-foot plot contains trees worth 21 points.  Trees totaling 9 points (21-12 = 9) may be removed from the plot provided that no cleared openings are created.

 

For the purposes of Section 18(b), “other natural vegetation” is defined as retaining existing vegetation under three feet in height and other groundcover and retaining at least three saplings less than two inches in diameter and four and one half feet above ground level for each 25 foot by 25 foot rectangle area.  If three saplings do not exist, no woody stems less than two inches in diameter can be removed until three  saplings have been recruited into the plot. 

 

Not withstanding the above provisions, no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 ½ feet above ground level may be removed in any ten (10) year period.

 

                                                iii.      In order to protect water quality and wildlife habitat adjacent to great ponds, and streams and rivers which flow to great ponds, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and forest duff layer, r shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in paragraphs b and b(i). above.

 

                                               iv.      Pruning of tree branches, on the bottom 1/3 of the tree is permitted.

 

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

 

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

 

c.       Within the Shoreland Zone at distances greater than one hundred (100) feet, horizontal distance, from a great pond or river, and seventy-five (75) feet, horizontal distance, from any other water body, tributary stream or the upland edge of a wetland, except to allow for the development of permitted uses, there shall be permitted on any lot, in any ten (10) year period selective cutting of not more than forty (40) percent of the volume of trees per acre four (4) inches or more in diameter, measured 4 ½ feet above ground level.  Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation.  For the purposes of these standards volume may be considered to be equivalent to basal area.

 

In no event shall cleared openings for any purpose development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared developed.

 

d.      Cleared openings legally in existence on 6/10/91 may be maintained, but shall not be enlarged, except as permitted by this Ordinance.

 

e.      Within the Shoreland Zone fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

 

 

 

l.  19. EROSION AND SEDIMENTATION CONTROL – SHORELAND ZONE

 

a.       All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the Administrative Authority for approval and shall include, where applicable, provisions for:

 

i.                     Mulching and revegetation of disturbed soil.

ii.                   Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

iii.                  Permanent stabilization structures such as retaining walls or rip-rap.

 

b.      In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site.  Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

 

c.       Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity.  The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

 

d.      Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of rip-rap, sod, seed, and mulch, or other effective measures.  In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure.  In addition:

 

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

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

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

 

e.      Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them.  Drainage ways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with rip-rap.

 

 

m.                      20. SOILS

 

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction.  Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals.  Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties.  The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate.  The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

 

 

n.                        21. WATER QUALITY

 

No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances will impair designated uses or the water classification of the water body, tributary stream or wetland.

 

 

o.                        22. ARCHAEOLOGICAL SITES

 

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority.  The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

 

 

23.   FENCES AND HEDGES – SHORELAND ZONE

 

Fences and hedges shall not exceed four feet (4’) in height within 100 feet of the normal high water mark of a great pond or river flowing to a great pond.

 

 

p.                        24.        GLARE

 

All exterior lighting and all reflective properties of the proposed land use shall be designed to minimize adverse impact on neighboring properties.  Specifically, 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 or public places.  Direct or indirect illumination emanating from any land use activity on one lot shall not exceed .1 foot candles at the property line.

 

Notwithstanding any other provision of this Ordinance the standards for glare within the Village District, Rural District and Shoreland Zone shall apply to all uses, buildings, structures and land, including, without limitation, uses, buildings, or structures that existed at the time of adoption of this Ordinance.  Nothing in this subsection shall be construed to limit the application of other parts of this Ordinance to existing uses, buildings or structures.

 

 

24.                  NOISE

 

Noise shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness, or intensity.  The maximum permissible sound level of any constant but continuous, constant but intermittent, periodically fluctuating, fluctuating non-periodic, repeated impulse, or single impulse sound produced by any land use activity shall be as established by the time period listed below.  Sound levels at property/lot lines shall be measured by a type-accepted sound level meter, preferably with integrated reading capability in dBA and Leq.  In contention dealing with claimed excess impulse or impact noise, measurements shall be made by a type-accepted impact sound meter to determine if the impulse/impact noises are perceptibly higher than the limits set below.  Sound pressure levels shall be measured on a sound level meter at all major lot lines of the land use activity, at a height of at least four feet above the ground surface.       

 

Sound pressure level limit

 

7AM - 8PM       8PM-7AM

ALL activities       50 dBA              45 dBA

    

The following uses and activities shall be exempt from the sound pressure level regulations:

 

1.       Noises created by construction and temporary maintenance activities between 8 AM and 8 PM

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

3.       Traffic noise on public roads

 

Notwithstanding any other provision of this Ordinance, the standards for noise within the Village District, Rural District, and Shoreland Zones shall apply to all uses, including without limitation uses that existed at the time of adoption of this Ordinance.  Nothing in this subsection shall be construed to limit the application of other parts of this Ordinance to existing uses, buildings, and structures.

 

 

ii.          26. MOBILE HOME INSTALLATION

 

After July 1, 1999, all manufactured housing relocated to, or relocated within the Town of Mount Vernon shall meet the following safety criteria.

 

a.  Installation Criteria

 

Installation of all manufactured housing shall conform to the standards set forth in the State of Maine Manufactured Home Installation Standards, March 1993 Edition adopted by the Manufactured Housing Board.

 

b.  Safety Criteria

 

Manufactured Homes over 15 years old shall also meet the following criteria before occupancy.

 

1.         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 is safe and meets the requirements of N.F.P.A.-31 Installation of Oil Burning Equipment as adopted by the Board.

 

2.         A person holding a Master License issued by the State f Maine Electricians Examining Board shall inspect and certify that the electrical system is safe or meets the National Electrical Code in effect at the time the home was constructed.

 

 
 

SECTION 6

SITE PLAN REVIEW

 

A.      PURPOSE

 

The purpose of this section is to accomplish the following objectives with the least possible regulation:

 

a.                   To establish a Site Review procedure whereby town officials may review new proposals to use land and buildings for commercial, industrial, office, multiple dwelling residential developments, community or service organizations, municipal, institutional, utility, or recreational purposes, or commercial activities occurring at residential sites involving greater impact than home occupations, as defined.

 

b.                  To establish a fair and reasonable set of standards for evaluating each development proposal impartially on its own merits;

 

c.                   To provide local protection from those particular nuisances which are not governed by State law or regulations;

 

d.                  To suggest ways in which development proposals may be modified so that potential problems and nuisances could be minimized or eliminated.

 

e.                  To balance the right of land owners to use their land with the corresponding right of abutting and neighboring land owners to live without undue disturbance from noise, smoke, fumes, dust, odor, glare, traffic, storm water run-off, or the pollution of ground or surface water resources.

 

f.                     To provide a public hearing process through which Town residents may raise questions and receive answers about how new development proposals would affect them;

 

g.                  To provide for a system whereby aggrieved parties may appeal decisions of the Planning Board under this section to the Appeals Board;

 

h.                   To protect property values;

 

i.                     To reduce the off-site (external) problems created by development, thereby decreasing the cost of maintaining or improving municipal facilities;

 

j.                     To prevent impacts caused by development which would negatively affect the Town’s natural resources, aesthetic and visual characteristics, and/or ground and surface water quality;

 

k.                   To protect the water quality of lakes and ponds in or adjacent to Mt. Vernon from degradation caused by increased levels of phosphorus entering lake water systems from such sources as disturbed soils, large and/or unbuffered impervious surfaces, uncontrolled storm water runoff, inadequate drainage facilities, etc; and

 

l.                     To establish a minimally restrictive regulatory and review procedure in conformance with the Town’s Comprehensive Plan.

 

 

B.      APPLICABILITY

 

1.       This section shall apply to all development proposals which would use land or buildings for commercial, industrial, office, multiple dwelling residential developments, community or service organizations, municipal, institutional, utility or recreational purposes, or commercial activities occurring at residential sites involving greater impact than home occupations, as defined.  In addition to and more specifically than those general types of development, this section shall apply to campgrounds, facilities or land used for outdoor festivals or mass gatherings, commercial mining activities, the accessory uses and structures associated with the uses falling under the review of this section; and commercial timber harvesting operations occurring in areas of 10 acres or more in size with an average slope of 25% or more, as depicted on the Mount Vernon Timber Harvesting District Map 72510 as adopted by the Town on June 16, 2001 or within 250 feet of watercourses, waterbodies or wetlands, as defined.

 

2.       This section does not apply to detached single and two family dwelling units, agricultural land management practices, as defined, or home occupations, as defined.

 

3.       This section does not apply to conventional lot-by-lot residential subdivisions already regulated under the Subdivision Review standards in Section 7.

 

4.       This section does not apply to existing land uses and development except where physical expansions or changes in use are proposed (see Section 6(B)(5)(b,d,e)).

 

5.       This Site Plan Review section shall apply to the types of development as described in the following situations:

 

a.                   New commercial, industrial, office, multiple dwelling residential, municipal, institutional, or community or service organization structures, and new uses of land not exempted;

b.                  Changes in use of existing structures to commercial, industrial, office, multiple dwelling residential, municipal, institutional, or community or service organization structures, and changes in use from any permitted or exempt land use to another permitted or non-exempt land use;

c.                   Resumption of conforming uses which have been discontinued for at least one year;

d.                  Existing uses, which seek to expand by either 1,000 sq. ft. or 25% in area (whichever is lesser) within any 10-year period, with regard to floor space, parking area, seating capacity, or outdoor stage area;

e.                  Site Review shall not apply to existing buildings or premises legally established prior to the adoption of this section, unless one or more of the factors described in “a” through “d” above is present.

f.                     The mining activity provisions of this section shall not apply to:

 

i.                     The removal of topsoil, sand, gravel or subsoil material necessarily incidental to the construction, alteration, grading of buildings, septic systems, public roads or driveways.  For the purposes of this exemption, a “driveway” shall be no more than 66 feet wide, nor shall a driveway be allowed to switch back in such a way as to subvert the intention of this section.

ii.                   The carrying out of standard soil conservation practices.

iii.                  Existing operations as long as no expansion has occurred since 6/21/88.   Expansion shall be defined, for the purpose of this section, as excavation which continues beyond the property lines of the lot of record which contains the existing operation as of 6/21/88.

 

 

C.      APPLICATION PROCEDURES

 

1.         Approval of Site Plan of Development Required

 

All use activities in the Town of Mt. Vernon to which this section applies are prohibited unless and until a Site Plan of Development Application related to said land use activity is approved by the Planning Board.

 

2.         Procedure

 

a.       A Development Site Plan meeting the standards of this section shall be submitted to and reviewed by the Planning Board, and shall be approved by the Planning Board before any building permit may be issued for any new buildings or construction.  In the case of proposed resumptions of uses, which have been discontinued for at least one year, Planning Board approval shall be required before such uses may be resumed.  In the case of proposed uses not involving the construction or renovation of a structure, such as applicable mining or timber harvesting activities, Planning Board approval shall be required before such uses may be initiated.

 

b.      An applicant may come before the Board for a pre-hearing at no fee.

 

c.       The Planning Board may waive any of the submission requirements listed in Section 6(D), with the exception of 6(D)(1)(p.), when it determines they would not be applicable or necessary due to the nature of a specific development proposal.

 

d.      When the effects of proposed new uses or resumption of former uses are uncertain, the Planning Board, after notifying the applicant, may employ such independent, recognized consultants licensed in the State of Maine as necessary and at the expense of the applicant, to enable the Planning Board to apply this section in circumstances where the Planning Board might otherwise lack sufficient expertise.  Any “second opinions” desired by the Board shall be paid for out of the Board’s budget.

 

e.      The application shall be filed with the Planning Board for review.  Within 30 days of the filing of an application, the Planning Board shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application.  After the Planning Board has determined that a complete application has been filed, it shall notify the applicant in writing and begin its review of the proposed development.  Within thirty days of receiving a complete application, the Planning Board shall approve, approve with modifications or conditions, deny approval to, or schedule a Public Hearing on the Site Plan submitted in accordance with this section.  When a Public Hearing is held, the review period shall be extended an additional 30 days.

 

f.         An approved Site Plan shall not exempt an applicant from meeting any other local, state or federal requirements.

 

g.      An applicant may at any time request amendments to this approved Site Plan and its conditions, if any, if they feel that new facts or circumstances would justify such amendments.

 

3.       Application Form and Fee

 

a.                               All applications shall be filed in duplicate and a base proposal review fee of $50.00 shall be paid to the Town.

 

b.                              All proposals involving new construction shall pay an additional proposal review fee (over base) of $.10 per sq. foot of designed impervious area, as defined, of the proposed new construction.

 

c.                               All proposals involving the change of use of an existing structure shall pay an additional review fee (over base) of $.01 per sq. foot of the structures to be renovated.

 

d.                              All direct costs encountered in the review process by the Planning Board, such as certified mail, newspaper advertisements, and the costs of expert review (see Sec.6C(2)(d), shall be paid by the applicant prior to receiving approval.

 

4.       Public Hearings

 

a.       In scheduling a public hearing, the Planning Board shall publish notice of the hearing at least ten days in advance in a newspaper of general circulation in the area.

 

b.      The Planning Board shall notify, by certified mail, the applicant and all abutters of the property involved, including owners of property on the opposite side of the street, at least ten days in advance of the hearing, of the nature of the application and of the time and place of the public hearing.  The owners of property shall be considered to be those against whom taxes are assessed.  Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Planning Board.

c.       Public hearings by the Planning Board shall be conducted according to the procedures outline in Title 30-A, M.R.S.A., Section 2691, Subsections 3(A) (B)(C)(D),(E)&(F).

 

 

D.      DATA REQUIREMENTS

 

1.       The Site Plan application shall include as a minimum:

 

(NOTE:  Any Plan shall be drawn at a scale not smaller than one inch equals fifty feet.)

 

a.       Name and address of the applicant and any authorized agent and name of the proposed development.

 

b.      Existing soil conditions as described by either a licensed soil scientist, geologist, or engineer or Maine Soil Conservation Service medium intensity soil survey.

 

c.       An on-site soils investigation report by a Department of Human Services licensed site-evaluator shall be provided.  The report shall contain the types of soil, location of test pits, and proposed location and design of the best practical subsurface disposal system for the site which conforms to the standards of the Maine State Plumbing Code.

 

d.      The property lines and lot numbers of all properties abutting the proposed development, including those properties across the street, together with the names and addresses of the owners as disclosed on the tax maps on file in the Town Office as of the date of the Site Plan review application.

 

e.      Perimeter survey of the parcel made and certified by a registered land surveyor relating to reference points, showing true north point, graphic scale, corners of parcel, date of survey, total acreage, and any existing zoning boundaries.

 

f.         Location, ground floor area, elevations, and setbacks of buildings and other structures located on this parcel, existing and proposed; and the total area and location of parking lots, roads, paved areas or areas to be stripped or graded and not to be revegetated.

 

g.      The location, type, and size of all curbs, sidewalks, driveways, fences, retaining walls, on-site pedestrian and vehicular access ways, loading and unloading facilities and the layouts thereof, together with the dimensions.

 

h.       The design of ingress and egress of vehicles to and from the site on to public streets with appropriate State Highway Department approval if required.

 

i.         The location, names, and widths of all existing and proposed streets abutting and within the proposed development site.

 

 

j.         The location, type, and size of all existing and proposed catch basins, storm drainage facilities, streams and water courses, easements, drainage ways, public or private rights of way, and all utilities, both above and below ground, and any other legal restrictions which may affect the premises in question.

 

k.       Existing and proposed final grade elevations of the entire site, and the system of drainage proposed to be constructed.  Contour intervals shall be 10 feet unless otherwise specified by the Planning Board.

 

l.         Location of aquifers and aquifer recharge areas, as delineated on the aquifer and aquifer recharge areas map for the Town of Mt. Vernon.

 

m.     A location map drawn at a scale of no more than 500 feet to the inch, to show the relation of the proposed development to the surrounding area; specifically all water-bodies, watercourses and wetlands, as defined, within 1000 ft. of the proposed development.

 

n.       A sedimentation and erosion control plan.

 

o.      A brief, accurate, and complete written summary of the scope of activities to be undertaken on the site.  Included in this summary will be the timing of proposed construction, construction completion schedule, and other pertinent aspects of the proposed activity, including depth of proposed excavation, seasonally variable aspects of the activity, operative hours per day, operative days per week, expected expansions, anticipated volume, number of employees, anticipated traffic flows, timing and types of traffic, etc.

 

p.      Proof of notification and the notification letter sent by the applicant to all abutters of the proposed development site, neighbors owning property within 300 feet of any portion of the proposed development site, and town officials, including Selectmen, Fire Chief, C.E.O., Planning Board Chair and Road Commissioner; said letter being postmarked or received at least seven days prior to the Planning Board meeting accepting initial application.

 

q.      Proof that the applicant has adequate financial and technical capacity to meet all the standards put forward in Section 6(E). Such proof shall consist of a letter from an established financial institution indicating that adequate funds are available and will continue to be available in accordance with the timing schedule put forward in submission requirement 6(D)(1)(o)

 

r.        The amount and type of any raw, finished or waste materials to be stored outside of roofed buildings, including their physical and chemical properties, if appropriate.

 

s.       Landscape plan showing location, type and approximate size of plantings and location and dimensions of all fencing and screening.

 

t.         The size, location, and direction and intensity of illumination of all major outdoor lighting apparatus and signs.

 

u.       The type, size and location of all incineration devices

 

v.       The type, size and location of all electronic amplification equipment or activities, generally, likely to generate noise at the lot lines greater than 50 decibels for durations over 2 consecutive hours on any given day of operation.

 

w.      An appropriate place for the signatures of the Planning Board.

 

 

2.       Traffic Data

 

A Site Plan may be required to have an accompanying traffic engineering study, should the project be considered one of substantial magnitude along any of the town’s highways where fast-moving traffic occurs.  Should a traffic study be requested by the Planning Board, the following data shall be included:

 

a.       The estimated peak-hour traffic to be generated by the proposal;

 

b.      Existing traffic counts and volumes on surrounding roads;

 

 

c.       Traffic accident data covering a recent three-year period;

 

d.      The capacity of surrounding roads and any improvements which may be necessary on such roads to accommodate anticipated traffic generation;

 

e.      The need for traffic signals and signs or other directional markers to regulate anticipated traffic;

 

f.         Locations on the road on which the development is proposed within one half mile of the development which do not meet accepted site distance standards according to current speed limits.

 

 

3.       Mining Activity Data

 

a.       Mining activity proposals will include a reclamation plan.

 

b.      The Planning Board may require the submission of a hydrogeologic study to determine the effects of the proposed activity on ground water.

 

4.       Additional Data Requirements and The Waiving of Required Data

 

a.       The Planning Board may, at its discretion, require additional data, information, or impact studies.  In such cases where a proposed development might have a substantial adverse impact on the natural resources, municipal infrastructure, or ability of the municipality to reasonably supply municipal services, an impact analysis by an acknowledged expert in the respective field will be required for review purposes.  Those impact analyses associated with municipal service or infrastructure systems shall include, but not be limited to, all municipal capital improvements necessitated by the development, a 10 year municipal financial (capital and operational) impact projection, a 10 year property assessment projection, and suggested alternatives to mitigate the potential impact.  Natural resource impact analyses shall detail the necessary controls, development limitations or design features which, when incorporated into the final application, will eliminate the potential for adverse environmental impact.

 

b.      The Planning Board may waive, with the exception of Section 6(D)(1)(p), any of the requirements of  Section 6(D) in those cases where the information provided under that requirement is not germane to the review process or the use proposed, or where the Planning Board determines that the purposes of the section would still be fulfilled and the requirement places an unnecessary burden on the applicant.

 

 

E.      Performance Standards

 

The Planning Board shall use the following standards in reviewing Site Plan applications.  The Site Plan shall be approved, unless in the judgment of the Planning Board the applicant is not able to reasonably meet one or more of these standards.  In all instances the burden of proof shall be on the applicant.

 

1.       Minimum lot sizes:  All developments which fall under the review of this section according to Section 6(B) shall conform to the following minimum lot size standards:

 

  

Use

Minimum Lot Size

 

 

Multi-family Housing:

2 acres for 1st dwelling unit

 

1 acre for each added unit

 

 

Office/Commercial

Industrial/ Municipal

Institutional/Utility:

2 acres/first 20,000 sq. feet of designed impervious area

 

 

Community and Service Organizations:

3 acres/designed impervious area between 20,000 – 40,000 sq. ft.

 

 

 

4 acres/designed impervious area between 40,000 – 80,000 sq. ft.  For developments with designed impervious areas greater than 80,000 sq. ft., the minimum lot size must be no less than twice the designed impervious area.

 

 

Campgrounds:

10,000 square feet per campground unit, not including road, for campground sites containing approved water-carried sewage facilities.

 

 

 

20,000 square feet per campground unit, not including roads for each campground site without water-carried sewage facilities

 

 

Other Applicable Uses:

2 acre minimum

 

 

2.       Minimum Lot Size in the Village District-    Notwithstanding the provisions of Section 6(E)(1), in the Village District, a use which is permitted pursuant to the provisions of the Section 5  (Land Use Standards) may be allowed on a legally created lot of record, which does not meet the minimum lot size requirement set forth in Section 6(E)(1).

 

 

3.       Frontage Requirements

 

a.       All developments which fall under the review of this section according to Section 6(B) shall conform to the following road frontage requirements:

 

Use

Road Frontage

 

 

Multi-family Housing

300 feet/first 3 dwelling units with 100 additional feet/each additional dwelling unit

 

 

Office/Commercial

Industrial/Municipal

Institutional/Utility

Uses, Community and Service Organizations

200 feet/first 20,000 square feet of designed impervious area, with 100 additional feet/every 20,000 additional square feet (or part thereof) of designed impervious area

 

 

Campgrounds

200 feet/first 4 campground units, with 50 additional feet/every additional unit (or part thereof)

 

 

Other Applicable Uses

200 feet

 

 

b.      For the purpose of this section of this Ordinance, all roads will either be public ways or conform to the design requirements of Section 9 (Roads) relating to the acceptance of Town Roads.

 

 

 

4.       Frontage Requirements in the Village District

 

Notwithstanding the provisions of Section 6(E)(3), in the Village District a use which is permitted pursuant to the provisions of Ordinance may be allowed on a legally created  lot of record which does not meet the frontage requirement set forth in Section 6(E)(3).

 

 

5.       Setbacks

 

a.       All land use activity which falls under the review of     this section according to Section 6(B). shall conform to the following set back requirements:

 

Road Setback

 

Use

From the Center of the Traveled Way

Adjacent Property Line Setback

Occupied Residences Setback

 

 

 

 

All structures covered by this section (see 6 (B)(1))

75’ (50’ in Village Dist.)

25’

N/A

 

 

 

 

Campground Units

35’

100’

N/A

 

 

 

 

Designed Impervious Area (excluding driveways)

50’

25’

N/A

 

 

 

 

Mining Activity

150’

100’

200’

 

 

 

 

Firewood processing

100’

25’

N/A

 Kennels, auto repair, car wash, car sales (Rural District)

 

 

 

 

 

b.      The Planning Board shall, at its discretion, determine whether the setbacks shall be measured horizontally or in accordance with existing topography.

 

c.       Within 50 feet from the center line of all public right of ways, no commercial timber harvesting operation shall be permitted to take more than 40% of the available timber per acre per 10 year period.

 

d.      Existing buildings with nonconforming setbacks proposing changes in use may be exempted from these requirements by a finding of the Planning Board.  The Board must find that no future addition will be allowed unless it meets the required setbacks and that the proposed use will have no increased adverse impact on the adjacent properties with regard to setbacks.

 

6.       Height of Building: The height of a principal structure is not to exceed 35 feet as measured from any point from the ground level around the perimeter of the structure.  No accessory structure shall exceed 70’ in height.  Existing buildings with nonconforming heights proposing changes in use may be exempted from these requirements by a finding of the Planning Board.  The Board must find that no future addition will be allowed unless it meets the required height and that the proposed use will have no increase adverse impact on the adjacent properties with regard to height.

 

7.       All new or converted commercial, industrial, multi-family, institutional, office, or community service structures built under the review of this section shall be built in conformance with the NFPA 101 “Life Safety Code”(National Fire Protective Association-Quincy, MA 1991 as amended)

 

8.       Traffic:  The proposed development shall provide for safe access to and from public and private roads  Safe access shall be assured by providing an adequate number and location of access points, with respect to sight-distances, intersections and schools or other traffic-generators. “Curb cuts” shall be limited to the minimum width necessary for safe entering and exiting.  The proposed development shall not have an unreasonable negative impact on the town road system, and shall assure safe interior circulation within its site, by separating pedestrian and vehicular traffic and by providing adequate parking and loading areas.  All exit driveways shall be designed according to the following standards of safe sight-distance:

 

 

Sight Distances

 

Posted Speed Limit

Recommended

Minimum

25 mph

250’

175’

30 mph

300’

210’

35 mph

350’

245’

40 mph

400’

280’

45 mph

450’

315’

50 mph

500’

350’

55 mph

550’

385’

 

 

 

9.       Parking and Circulation:  The lay out and design of all means of vehicular and pedestrian circulation, including walkways, interior drives, and parking areas, will provide for safe general interior circulation through the separation of pedestrian and vehicular traffic, service traffic, and loading areas.

 

All parking facilities will meet the following off-road space requirements:

 

Principal Use

Minimum Number of Spaces Designated for Parking

Multi-family/Condominium

Apartment Housing

Two Spaces/dwelling unit

 

 

Commercial

Two spaces/1000 sq. ft. of commercial building plus one space/employee

 

 

Industrial

One space/employee plus one space/1,000 sq. ft. of industrial building for miscellaneous parking (including visitors, salespeople, etc.)

 

 

Hotels/Motels

1 space per rentable room and .5 per employees

 

 

Inns/Boarding Houses

1 space per rentable room and 2 for the owner

 

 

Theaters/Stadia/Audatoria/Facilities used for outdoor festivals or mass gatherings

.3 spaces per seat or expected attendee

 

 

Restaurants/Bars

.3 spaces per seat

 

 

Community and Service Organizations

.3 spaces per seat or 1 space per 75 sq. ft. of floor space

 

 

Marina

1 space for each boat slip and mooring

 

 

Institutional Uses

1 space per 150 sq. ft. of floor space

 

 

Campgrounds

1 space per camp site

 

 

10.   Parking and Circulation in the Village District.  Notwithstanding the provisions of Section 6(E)(9), in the Village District, a use which is permitted pursuant to the provisions of the Section 5  “Land Use Standards” may be allowed on a legally created lot of record which does not meet the parking and circulation requirements set forth in Section 6(E)(9), provided that the applicant demonstrates to the satisfaction of the Planning Board that adequate and safe provision is made for parking, and vehicular and pedestrian circulation.  Class A Restaurants shall meet the parking performance standards of Section 6(E)(9).

 

11.   Noise:  Excessive noise shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness, or intensity.  The maximum permissible sound level of any constant but continuous, constant but intermittent, periodically fluctuating, fluctuating non-periodic, repeated impulse, or single impulse sound produced by any land use activity regulated by this section shall be as established by the time period listed below.  Sound levels at property/lot lines shall be measured by a type accepted sound level meter, preferably with integrated reading capability in dBA and Leq.  In contention dealing with claimed excess impulse or impact noise, measurements shall be made by a type-accepted impact sound level meter to determine if the impulse/impact noises are perceptibly higher than the limits set below.  Sound pressure levels shall be measured on a sound level meter at all major lot lines of the proposed site, at a height of at least four feet above the ground surface.

 

Sound Pressure Level Limit

 

7 a.m. - 8 p.m.          8 p.m. - 7 a.m.

 

All Activities               50 dB(A)              45 dB(A)

 

The following uses and activities shall be exempt from the sound pressure level regulations:

 

a.                   Noises created by construction and temporary maintenance activities between 8:00 a.m. and 8:00 p.m.

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

c.                   Traffic noise on public roads or railroads.

 

12.   Erosion Control:  Erosion of soil and sedimentation of watercourses and waterbodies shall be minimized by employing the following “best-management” practices.

 

a.       The least possible amount of disturbance will occur during construction in regard to tree removal, de-vegetation, and soil disturbance. In particular, strips of naturally vegetated areas existing on the down slope side of the construction site shall be maintained as undisturbed buffer areas.

 

b.      Exposed soils on slopes 10% or greater will be initially stabilized (i.e., mulched, covered, or reseeded) within two working days of disturbance.  All exposed soils on slopes less than 10% shall be stabilized within 15 days of disturbance.  The mulching rate to be adhered to is as follows:

 

 Method of Stabilization 

Rate of Application

 

Hay Mulch 

2 tons/acre

 

 

Wood Chips/bark 

4” thick

 

 

Reseeding

(only between 

April 30-September 30)      

The rate of seed application shall be in conformance to the standards put forth in the “Maine Erosion & Sediment Control Handbook for Construction – Best Management Practices” (Cumberland County SWCD & MDEP – March 1991)

c.       All watercourses, waterbodies and wetlands will be protected from sedimentation by the installation of silt-fence barriers and/or hay bale barriers.

 

Such barriers shall be installed whenever and before digging, soil removal, the stripping of vegetation, scarification, or soil disturbance of any kind occurs within 500 feet of a watercourse, waterbody or wetland or on slopes greater than 10%.  The barriers shall be installed at all points immediately down slope of all soil exposing activities.

 

d.      Permanent (final) vegetation and mechanical erosion control measures shall be installed by the time construction is completed.

 

e.      Whenever any portion of the designed impervious area falls within 500 feet of a watercourse, waterbody or wetland and that designed impervious area exceeds 10,000 sq. ft. in area, or whenever the Planning Board initiates a review in conjunction with the DEP, the Cobbossee Watershed District, or other qualified water quality experts and it is determined that because of the slope, soil erodibility, designed impervious area, and site location there is a demonstrated need, temporary or permanent sedimentation control mechanisms shall be utilized by which sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods as determined by the Planning Board, and in accordance with the guidelines established in the current “Maine Erosion & Sediment Control Handbook for Construction-Best Management Practices”-Cumberland County SWCD & MDEP-March 1991.

 

f.         The top of a cut or the bottom of a fill section shall not be closer than ten feet to an adjoining property, unless otherwise specified by the Planning Board.  Extraction operations (sand pits, etc.) shall not be permitted within 100’ of any property line.  (See Section 6(E)(5))

 

13.   Storm Water Run-off:  Surface water run-off shall be minimized and detained on-site if possible.  If it is not possible to detain water on-site, downstream improvements to the channel may be required of the developer to prevent flooding caused by his project.  The natural state of watercourses, swales, floodways, or rights-of-way shall be maintained in a functional manner, and increases in peak flow caused by the proposed development will not be allowed to overburden natural or existing drainage ways so as to cause erosion, vegetative loss, or other forms of drainage path degradation.  Design period is 100-year storm.  All required stormwater run-off control mechanisms will be constructed in accordance with the guidelines of the current “Maine Erosion & Sediment Control Handbook for Construction-Best Management Practices”-(Cumberland County SWCD & MDEP-March 1991).

 

14.   Commercial Timber Harvesting

 

The purpose of this section is to minimize erosion on steep slopes.

 

a.       No more than 40% of the volume of trees per acre on areas of 10 acres or more in size with an average slope of 25% or more as depicted on the Mt. Vernon Timber Harvesting Steep Slope District Map > 25% as adopted by the Town on June 16, 2001 or within 250 feet of waterbodies, watercourses, or wetlands, as defined, can be removed in any ten year period.(See Section 5(C)(17) for additional standards in the Shoreland Zone)

 

b.      Skid trails, log yards, and other sites where the operation of logging machinery results in the exposure of soil shall be located so that an undisturbed filter strip is retained between the scarified soil and the normal high watermark of any waterbody, watercourse or wetland.  The width of the strip shall vary according to the average slope of the land as follows:

 

Average Slope of Land Between Logging Road and Normal High Water Mark (percent)

Width of Strip Between Logging Roads and the Normal High Water Mark (feet)

0% - 10%

50

11% - 20%

75

21% - 30%

100

31% - 40%

150

41% - 50%

200

51% - 60%

250

61% or Greater

300

 

c.       All skid trails shall be designed, constructed and utilized to run parallel to topographic contour lines to the maximum possible extent. When site conditions do not allow skid trails to be laid out parallel to topographic contours the Board may allow vertical trails when a plan is presented which adheres to the Best Management Practices in the “Erosion and Sediment Control Handbook for Maine Timber Harvesting Operations” (Maine Forrest Service-June 1991) and provides for appropriate erosion control during and after the harvest.

 

d.      See Section 5(C)(17)

 

15.   Hazardous Materials Containment:  All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful 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 100-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.

 

16.   Explosive Materials:  No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, unless they are located in anchored tanks at least seventy-five feet from any lot line, town way, or interior roadway, or 40 feet from lot line for underground tanks.  All relevant federal and state regulations shall also be met.

 

 

17.   Setbacks and Screening:  Exposed storage areas, exposed machinery installation, sand and gravel extraction operations, campgrounds, and areas used for the storage or collection of discarded automobiles, auto parts metal or any other articles of salvage or refuse, shall have setbacks and screening to provide a visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties (such as a stockade fence or a dense evergreen hedge 6 feet or more in height).  Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and be maintained in good condition.

 

18.   Screening (Rural District)-Notwithstanding any other provision of this Ordinance, in the Rural District, screening is required for the following uses: auto repair, car sales, car wash, firewood processing and kennels.

 

19.   Greenstrip Buffer:  All uses under the purview of this section according to Section 6(B) will maintain the first 25 ft. from the edge of the right of way (excluding driveways) in front of all buildings and structures as a greenstrip.  The greenstrip shall consist of a maintained vegetated area (e.g., lawn, garden, landscaped shrubbery) or natural growth.

Existing properties with nonconforming buffers proposing changes in use may be exempted from these requirements by a finding of the Planning Board.  The Board must find that imposing the required buffer is not possible due to existing limitations imposed by existing structures or parking areas and that the proposed use will have no increased adverse impact on the adjacent properties with regard to buffer.  Whenever practical the required buffer shall be installed.

 

20.   Preservation of Landscape:  The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.  Parking lots shall be landscaped with shrubbery along all lot-lines.  Boundaries with existing residential properties shall be screened according to the buffering standards in Section 6E(19) above.

 

21.   Advertising Features:

 The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures or features will not detract from the design of proposed buildings and

structures and the surrounding properties through conformance with the following standards:

a.       No sign shall be located in, or extended over, the street or road right of way, nor shall any sign reduce or obstruct traffic visibility or present a safety hazard.

b.      No more than two signs, projecting or free-standing, which in combination are not more than 32 square feet in size, shall be permitted per premise and per business enterprise.

c.       All projecting or free-standing signs will be made out of wood or metal.

d.      No internally lighted projected or freestanding signs will be permitted.

e.      Exempted from these provisions of this section are signs less than 4 square feet in size.

 

22.   Exterior Lighting:  All exterior lighting and all reflective properties of the proposed development will be designed to minimize adverse impact on neighboring properties.  Specifically, no land use or establishment shall be permitted to produce a strong, dazzling light, flashing light or reflection of light beyond its lot lines onto neighboring properties, or onto any town way so as to impair the vision of the driver of any vehicle upon that town way or create a nuisance disturbance for neighboring property owners.  All such arrangements shall also comply with applicable federal and State regulations.

 

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

 

24.   Odor:  No land use or establishment shall be permitted to produce offensive, noxious or unnatural odors perceptible beyond their lot lines, either at ground or habitable elevation.

 

25.   Air Pollution:  The development will not result in undue air pollution.  In making this determination the Planning Board will consult Federal and State authorities to determine applicable air quality laws and regulations.

 

26.   Water Availability:  The development will have sufficient water available for the reasonably foreseeable needs of the development.  Furthermore, the development will not cause an unreasonable burden or deplete an existing or neighboring water supply.

 

27.   Sewage Disposal:  The development will conform to all acceptable standards, of the Maine State Plumbing Code and, where applicable, the Maine Department of Environmental Protection Overboard Discharge Licensing regulations for sewage waste disposal.

 

28.   Municipal Services:  The development will not have an unreasonable adverse impact on, or exceed the capacity of, the municipal services including municipal road systems, fire department, solid waste program, schools, open spaces, recreational programs and facilities, law enforcement, and other municipal services and facilities.

 

29.   Refuse Disposal:  The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner.  The Planning Board shall consider the impact of particular industrial or chemical wastes or by-products upon the Town’s solid waste facility (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable State and federal regulations.  The Board shall require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

 

30.   Emergency Vehicle Access:  Provisions will be made for providing and maintaining convenient and safe emergency vehicle access to all buildings and structures at all times.

 

31.   Toxic, Hazardous, Radioactive, Poisonous Materials:  The transportation, handling, use, storage, and disposal of any toxic, hazardous, radioactive or poisonous materials shall be accomplished in accordance with all State and federal regulatory standards.

 

32.   Electromagnetic Interference (EMI):  Emissions generated and conducted during process, production or testing that are in the radio frequency spectrum shall be limited to comply with current Federal Communications Commission Standards, specifically FCC documents Part 15, Part 2 and Part 18.

 

33.   Financial and Technical Capacity:  The applicant shall have adequate financial and technical capacity to meet the above-stated standards.

 

 
 

SECTION 7

SUBDIVISION REVIEW

 

A.      PURPOSES

 

The purposes of this section are to assure the safety, health and welfare of the people of the Town of Mt. Vernon, Maine, and to protect the environment and to promote the development of an economically sound and stable community.  To this end, in approving subdivisions within the Town of Mt. Vernon, the Planning Board shall consider the following criteria and, before granting approval, shall make findings of fact that the provisions of this section have been met and that the proposed subdivision will meet the guidelines of Title 30-A MRSA, section 4551, Subsection 3.

 

The subdivision:

1.       Will not result in undue water or air pollution.  In making this determination, the Board shall at least consider the elevation of the land and its relation to flood hazard areas; the nature of soils and subsoils and their ability to adequately support waste disposal; the slope of the land and its effect on effluents; the applicability of federal, state and local health and land use regulations;

 

2.       Has sufficient water available for the reasonably foreseeable needs of the subdivision;

 

3.       Will not cause an unreasonable burden on any existing water supply which is to be utilized;

 

4.       Will not cause an unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result;

 

5.       Will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of highways or public roads existing or proposed;

 

6.       Will provide for adequate solid and sewage waste disposal;  will not cause an unreasonable burden on the ability of the municipality to dispose of solid waste and sewage;

 

7.       Will not cause undue adverse impacts on other municipal services and infrastructure;

 

8.       Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetic, historic sites or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

 

9.       Will be in conformance with the Comprehensive Plan of the Town of Mt. Vernon.  In making this determination, the Planning Board is authorized to interpret the Comprehensive Plan.

 

10.   Whenever situated in whole or in part within 250 feet of any pond, lake or river, will not adversely affect the quality of the body of water or unreasonably affect the shoreline of that body of water;

11.   Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;

 

12.   Shall be constructed in conformance with  Section 8 “Foodplain Mgt.”; specifically, for all principal structures within the subdivision the lowest floor, including the basement, shall be at least one foot above the 100-year flood elevation;

 

13.   Will not unreasonably interfere with access to direct sunlight for solar energy systems; and

 

14.   Applicant has adequate financial and technical capacity to meet the above stated standards.

 

 

B.      SUBDIVISION REVIEW

 

1.       Purpose.

The purpose of this section is to establish an orderly, equitable and expeditious procedure for reviewing subdivisions.

 

2.       Agenda.

In order to avoid unnecessary delays in processing applications for subdivision review, the Board shall prepare an agenda for each regularly scheduled meeting.  Applicants shall request to be placed on the Planning Board’s agenda at least one week in advance of a regularly schedule meeting by contacting the Planning Board Chair.  Persons who attend a meeting but who are not on the Board’s agenda may be heard but only after all agenda items have been completed, and then only if a majority of the Board so votes.

 

3.       Fee for Consulting Service.

Whenever the Planning Board finds it necessary to hire professional consulting services to assist in its review of an application for a Minor Subdivision Final Plan or a Major Subdivision Preliminary Plan, the Applicant shall pay a reasonable fee necessary for such services.  The Planning Board shall provide the Applicant with notice of its intent to require such a fee, the purpose of the fee and its approximate amount.  The Applicant will be given an opportunity to be heard on the purpose and amount of the fee before the Planning Board.  After either being heard or waiving the right, the Applicant shall pay the fee or appeal payment of the fee to the Board of Appeals.  Irrespective of any other provision of this section, the Planning Board shall not accept the application as complete if the Applicant fails to pay the fee or appeal the fee determination.  If the Applicant appeals payment of the fee to the Board of Appeals, that Board shall decide whether the fee is reasonable for the purpose found necessary by the Planning Board.  The fee shall be placed in an interest bearing account in the Town’s name.  The money, including accrued interest, remaining in the account and which has not been spent or appropriated shall be returned to the Applicant within thirty days after the Planning Board issues its final decision.

 

4.       Final Approval and Filing.

a.       Upon findings of fact and determination that all standards of 30-A MRSA section 4551, Subsection 3, and this section have been met, and upon voting to approve the subdivision, the Planning Board shall sign the Final Plan.  The Planning Board shall specify in writing its findings of facts and reasons for any conditions or denial.  One copy of the signed plan shall be retained by the Planning Board as part of its permanent records.  One copy of the signed plan shall be forwarded to the Board of Assessors.  One copy of the signed plan shall be forwarded to the Code Enforcement Officer.  Any subdivision not recorded by the Applicant in the Registry of Deeds within ninety days of the date upon which the plan is approved and signed by the Planning Board shall become null and void.

 

b.      At the time the Planning Board grants Final Plan approval, it may permit the Plan to be divided into two or more sections subject to any conditions the Planning Board deems necessary in order to insure the orderly development of the Plan.

 

c.       No changes, erasures, modifications, or revisions shall be made in any Final Plan after approval has been given by the Planning Board and endorsed in writing on the Plan, unless the revised Final Plan is first submitted and the Planning Board approves any modifications, except in accordance with Section 7(J)(3).  The Board shall make findings that the revised plan meets the standards of 30-A MRSA section 4451, Subsection 3, and this Ordinance.  In the event that a Plan is recorded without complying with this requirement, it shall be considered null and void, and the Planning Board shall institute proceedings to have the Plan stricken from the records of the Registry of Deeds.  Revisions of subdivision plans which do not constitute re-subdivisions shall be received for information purposes and shall not initiate the reopening of the subdivision review process.

 

d.      The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality 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 municipality, approval of the Plan shall not constitute an acceptance by the municipality of such areas.  The Planning Board shall require the Plan to contain appropriate notes to this effect.  The Planning Board may also require the filing of a written agreement between the Applicant and the Board of Selectmen covering future deed and title, dedication, and provisions for the cost of grading, development, equipment, and maintenance of any such dedicated area.

 

e.      Upon determining that a subdivision’s approval has expired under this section the Planning Board shall have a notice placed in the Registry of Deeds to that effect.

 

f.         Final approval shall be subject to standard conditions of approval as adopted by the Planning Board.

 

5.       Revisions to the Approved Plans.

Revisions or amendments to subdivision plans that have been previously approved by the Planning Board shall comply with the requirements of 30-A MRSA, section 4407.

 

6.       General Standards.

The standards in Section 7(E) shall apply to all subdivisions whether minor, or major or high impact, except as otherwise provided in these regulations.

 

 

C.      PREAPPLICATION

 

1.       Preapplication Presentation and Submission of Sketch Plans

 

The Applicant shall meet with the Planning Board prior to formal submission of a subdivision plan to generally discuss the proposal, review a preapplication sketch plan, and to obtain guidance in development of the plan.

 

The Preapplication Sketch Plan shall show, in simple sketch form, the proposed layout of streets, lots, and other features in relation to existing conditions.  The Sketch Plan, which may be a free-hand penciled sketch, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development.  It is recommended that the sketch plan be superimposed on or accompanied by a copy of the Assessor’s Map(s) on which the land is located.  The Sketch Plan shall be accompanied by a copy of a portion of the most recent U.S.G.S. topographic map of the area showing the outline of the proposed subdivision.

 

The Planning Board may make specific recommendations to be incorporated by the Applicant into subsequent submissions.

 

2.       Notification of Abutters

 

In accordance with 30-A MRSA, section 4551 (2) (C-1), the Planning Board shall consider the submission of a preapplication sketch plan sufficient to warrant notification of abutters.  Accordingly, upon receiving such an application, the Planning Board shall notify by mail all abutting property owners, including property owners across any public or private road the subdivision may abut, specifying the location of the proposed subdivision and a general description of the project.

 

3.       Level of Review, Contour Interval and On-Site Inspection

 

Within thirty days of the preapplication meeting, the Planning Board shall:

 

a.       Determine and inform the Applicant in writing whether the proposed subdivision is classified as minor, major or high impact.  (See definitions of Subdivision and Multi-Family Development.)

 

b.      Determine and inform the Applicant in writing of the required contour interval on the Preliminary Plan, or Final Plan in the case of a Minor Subdivision.

 

c.       Schedule an on-site inspection of the property, which shall be jointly attended by the Applicant or his/her duly authorized representative and by at least two members of the Planning Board.

 

4.       Rights Not Vested

 

The submittal or review of the Preapplication Sketch Plan shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of Title 1, MRSA, section 302.

 

 

D.      MINOR SUBDIVISIONS

 

i.                    General

 

When any or all of a proposed subdivision, regardless of size, falls in a shoreland zone, the Planning Board may require that the Minor Subdivision comply with all or any of the submission requirements for a Major Subdivision.

 

ii.                  Procedure

 

a.       Within six months after the preapplication meeting, the Applicant shall submit an application for approval of a Final Plan at least seven days prior to a scheduled meeting of the Planning Board.  Failure to do so shall require resubmission of the Sketch Plan to the Planning Board.  The Final Plan shall approximate the layout shown on the Sketch Plan, plus incorporate any recommendations made by the Planning Board or be accompanied by an explanation of why the recommendations have not been incorporated.

 

b.      All applications for Final Plan approval for a Minor Subdivision shall be accompanied by an application fee of $50.00 payable by check to the municipality.  In addition, the Planning Board may require an additional fee for consulting services in accordance with Section 7(B)(3)

 

c.       Within thirty (30) days from receipt of an application the Planning Board shall notify the Applicant in writing either that the application is complete in accordance with the submission requirements of Section 7(D)(3) or, if the application is incomplete, the specific additional material needed to make a complete application.

 

d.      Upon determination that a complete application has been submitted for review, the Planning Board shall:

 

                                           v.      Issue a dated receipt to the Applicant, and

                                         vi.      Determine whether a performance guarantee is required as specified in Section 7(I)

  

Full evaluation of the Final Plan shall begin after the Planning Board has determined that a complete application has been filed.

 

e.      The Planning Board shall hold a public hearing on the Final Plan within thirty days of receipt of a complete application, and shall provide notice of the date, time, and place of the hearing in a newspaper of general circulation in the municipality at least seven days prior to the hearing.  In addition, notice shall be posted on the Town bulletin boards used to post notice of Town meeting at least seven days prior to the public hearing, and timely notice shall be provided through any town publications, whenever possible.

 

The Planning Board shall also notify in writing all owners of abutting property of the hearing.

 

f.         The Applicant shall attend the meeting of the Planning Board and the public hearing to discuss the Final Plan.

 

g.      Within thirty days of a public hearing, or within another time limit as may be otherwise mutually agreed to by the Planning Board and the Applicant, the Board shall make findings of fact on the application, and approve, approve with conditions, or deny the application and Final Plan.  The Board shall specify in writing its findings of facts and reasons for any conditions or denial.

 

3.  Submissions.

The Final Subdivision Plan for a Minor Subdivision shall consist of two reproducible, stable based transparent originals, one to be recorded at the Registry of Deeds, the other to be filed at the Municipal Office and three copies of one or more maps or drawings drawn to a scale of not more than one hundred feet to the inch.  Plans for subdivisions containing more than one hundred acres may be drawn at a scale of not more than two hundred feet to the inch provided all necessary detail can easily be read.  Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the border lines on the left side for binding and a one inch margin outside the border along the remaining sides.  Space shall be provided for endorsement by the Planning Board.  Three copies of all information accompanying the plan shall be submitted to the Board.

 

The application for approval of a Minor Subdivision shall include the following information:

 

a.       Proposed name of the subdivision, if any, and the name of the municipality in which it is located, plus the Tax Assessor’s Map and Lot numbers.

 

b.      A field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a Registered Land Surveyor.  The corners of the tract shall be located on the ground and marked by monuments.  The plan shall indicate the type of monument proposed to be set or found at each lot corner.

 

c.       A copy of the deed on which the survey was based.  A copy of all covenants or deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

 

d.      A copy of any covenants or deed restrictions or other encumbrances intended to cover all or part of the lots in the subdivision.

 

e.      The number of acres within the proposed subdivision, location of existing property lines, buildings, streams, vegetative cover type, and other essential existing physical features.

 

f.         For subsurface waste water disposal systems, test pit analyses prepared by a licensed Site Evaluator and a map showing the location of all test pits dug on the site.

 

g.      Indication of the type of water supply system(s) to be used in the subdivision.  When water is to be supplied by a private water association, a written statement from the association shall be submitted indicating there is adequate supply and pressure for the subdivision and approving the plans for extensions when necessary.  Where the association’s supply line is to be extended, a written statement from the Fire Chief stating approval of the location of fire hydrants, if any, shall be submitted.  When water is to be supplied by private wells, evidence of adequate ground water supply and quality shall be submitted in the form of a written statement from a hydrogeologist or well driller familiar with the area.

 

h.       The date the Plan was prepared, magnetic north point, graphic map scale, names and addresses of the  record owner(s), Applicant(s), and individual(s) or company which prepared the plan.

 

i.         A copy of that portion of the Kennebec County Soil Survey covering the subdivision.  When the medium intensity soil survey shows soils which are generally unsuitable for the uses proposed, the Planning Board may require the submittal of a report by a Registered Soil Scientist indicating the suitability of soil conditions for those uses.

 

j.         Contour lines at intervals of ten (10) feet or at such intervals as the Planning Board may require, based on United States Geological Survey data and referred to mean sea level.

 

k.       If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas in the 100-year flood elevation shall be delineated on the plan.

 

l.         The names and addresses of owners of record of adjacent property, including any property across an existing public or private road from the subdivision.

 

m.     The location of any zoning boundaries affecting the subdivision.

 

n.       The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.

 

o.      The location of existing and proposed streets, highways, easements, lot lines, parks and other open spaces on or adjacent to the subdivision.

 

p.      All proposed lot lines with dimensions and lot areas.

 

q.      All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

 

r.        The location of any open space to be preserved and an explanation of its proposed management.

 

s.       A hydrogeologic assessment prepared by a Certified Geologist experienced in hydrogeology when any part of the subdivision is located over a sand and gravel aquifer as mapped by that Maine Geology Survey.

 

 

E.      PRELIMINARY PLAN FOR MAJOR/HIGH IMPACT SUBDIVISIONS

 

1.       Procedure

 

a.       Within six months after the preapplication meeting, the Applicant shall submit an application for approval of a Preliminary Plan at least seven days prior to a scheduled meeting of the Planning Board.  Failure to do so shall require resubmission of the Sketch Plan to the Planning Board.  The Preliminary Plan shall approximate the layout on the Sketch Plan, plus any recommendations made by the Board.

 

b.      All applications for Preliminary Plan approval for a Major Subdivision shall be accompanied by a base fee of $50.00 plus $10.00 per lot, dwelling unit, or principal nonresidential building shown thereon, payable by check to the municipality, stating the specific purpose of the fee.  The Planning Board may require an additional fee for consulting services in accordance with  Section 7(B)(3)

 

c.       The Applicant, shall attend the meeting of the Planning Board to discuss the Preliminary Plan.

 

d.      Within thirty days of receipt of a Preliminary Plan application and fee, the Planning Board shall notify the Applicant in writing whether or not the application is complete in accordance with the submission requirements of Section 7(E)(2), and what, if any, additional submissions are required for a complete application.

 

e.      The Planning Board shall hold a public hearing on the Preliminary Plan application within thirty days of receipt of a complete application, and shall provide notice of the date, time, and place of the hearing in a newspaper of general circulation in the municipality at least seven days prior to the hearing.  In addition, notice shall be posted on the Town bulletin boards used to post notice of Town meeting at lest seven days prior to the public hearing and timely notice shall be provided through any town publications, whenever possible.  The Board shall also notify in writing all owners of abutting property of the hearing.

 

f.         The Planning Board shall within thirty days of a public hearing, or within another time limit as may be otherwise mutually agreed to by the Board and the Applicant, make findings of fact on the application, and approve, approve with conditions, or deny the Preliminary Plan.  The Planning Board shall specify in writing its findings of facts and reasons for any conditions or denial.

 

g.      When granting approval to a Preliminary Plan, the Planning Board shall state the conditions of such approval, if any, with respect to:

 

                                                               i.      The specific changes which it will require in the Final Plan;

                                                             ii.      The character and extent of the required improvements (see Section 7(G)(6)) for which waivers may have been requested and which in the Planning Board’s opinion may be waived without jeopardy to the public health, safety, and general welfare; and

                                                            iii.      The amount of all performance guarantees which it will require as prerequisite to the approval of the Final Plan.

 

 

h.       The decision of the Planning Board plus any conditions imposed shall be noted on three copies of the Preliminary Plan.  One copy shall be returned to the Applicant, one retained by Planning Board, and one forwarded to the Board of Selectmen.

 

i.         Approval of a Preliminary Plan shall not constitute approval of the Final Plan or intent to approve the Final Plan, but rather it shall be deemed an expression of approval of the design of the Preliminary Plan as a guide to the preparation of the Final Plan.  An application for the Final Plan shall be submitted for approval of the Planning Board upon fulfillment of the requirements of these regulations and the conditions of preliminary approval, if any.  Prior to the approval of the Final Plan, the Planning Board may require additional changes as a result of the further study of the subdivision or as a result of new information received.

 

 

2.       Submissions

 

a.       Location Map.  The Preliminary Plan shall be accompanied by a Location Map adequate to show the relationship of the proposed subdivision to the adjacent properties, and to allow the Planning Board to locate the subdivision within the municipality.  The Location Map shall show:

 

                                                               i.      Location and names of existing and proposed streets.

                                                             ii.      Boundaries and designations of any zoning districts.

                                                            iii.      An outline of the proposed subdivision and any remaining portion of the owner’s property if the Preliminary Plan submitted covers only a portion of the owner’s entire contiguous holding.

 

b.      Preliminary Plan.  The Preliminary Plan shall be submitted in three copies of one or more maps or drawings which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot.  The Preliminary Plan shall be drawn to a scale of not more than one hundred feet to the inch.  The Planning Board may allow plans for subdivisions containing more than one hundred acres to be drawn at a scale of not more than two hundred feet to the inch provided all necessary detail can easily be read.  The following information shall either be shown on the Preliminary Plan or accompany the application for preliminary approval:

 

                                                               i.      All of the submission requirements set forth in Section 7(D)(3)

                                                             ii.      A soil erosion and sedimentation control plan, and a storm water management plan, showing ditching, culverts, storm drains, easements, and other proposed improvements, endorsed by the Kennebec County Soil and Water Conservation District or the Cobbossee Watershed District.

 

 

F.      FINAL PLAN FOR MAJOR/HIGH IMPACT SUBDIVISION

 

  1. Procedure.

 

a.       The Applicant shall, within twelve months after the approval of the Preliminary Plan, file with the Planning Board an application for approval of the Final Plan.  If the application for the Final Plan is not submitted within twelve months after Preliminary Plan approval, the Planning Board may refuse without prejudice to act on the Final Plan, and require resubmission of the Preliminary Plan.  The Final Plan shall approximate the layout shown on the Preliminary Plan, plus incorporate any recommendations made by the Planning Board or be accompanied by an explanation of why the recommendations have not been incorporated.

 

b.      Prior to submittal of the Final Plan application, the following approvals shall be obtained in writing, where appropriate:

 

                                             i.      Maine Department of Environmental Protection, under the Site Location of Development Act, the Natural Resource Protection Act, or Wastewater Discharge License.

                                           ii.      The servicing water utility, if an existing public or private common water service is to be used.

                                          iii.      Maine Department of Human Services, if the Applicant proposes to provide a central water supply system.

                                         iv.      Maine Department of Human Services, if a centralized or shared subsurface waste water disposal system(s) is to be utilized.

                                           v.      The Maine Department of Transportation, if an Entrance Permit is required.

 

  1. Within thirty (30) days from receipt of an application, the Planning Board shall notify the applicant in writing either that the application is complete in accordance with the submission requirements of Section 7(E)(2), or, if the application is incomplete, the specific additional material needed to make a complete application.

 

  1. Upon determination that a complete application has been submitted for review, the Board shall:

 

i.      Issue a dated receipt to the Applicant;

ii.     Determine whether a performance guarantee is required as specified in  Section 7(I).

 

  1. The applicant shall attend the meeting of the Board to discuss the Final Plan and the public hearing on the Final Plan.

 

  1. The Planning Board shall notify the following of the proposed subdivision, the number of dwelling units proposed, the length of roadways, and the size and construction characteristics of any multifamily development:

 

Board of Selectmen

Road Commissioner

School Superintendent

Fire Chief

Code Enforcement Officer

Local Plumbing Inspector

Cobbossee Watershed District

 

The Planning Board shall request that these officials/agencies comment upon any anticipated impacts on town facilities or resources likely to result from the proposed subdivision.

 

  1. If the subdivision is located in more than one municipality, the Board shall have a joint meeting with the Planning Board of the adjacent municipality to discuss the Plan.

 

  1. A public hearing shall be held by the Planning Board within thirty days after the issuance of a receipt for the submittal of a complete application.  The Planning Board shall provide notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least seven days prior to the hearing.  In addition, notice shall be posted on the Town bulletin boards used to post notice of town meetings at least seven days prior to the public hearing.

 

When a subdivision is located within 500 feet of a municipal boundary, the Planning Board shall notify the Planning Board Chair of the adjacent municipality involved, at least seven days prior to the hearing.

 

  1. Before the Planning Board grants approval of the Final Plan, the Applicant shall meet the performance guarantee requirements contained in Section 7(I).

 

  1. The Planning Board, within thirty days after the public hearing, shall make findings of fact, and conclusions relative to the standards contained in Title 30-A MRSA section 4551, subsection 3, and of this Ordinance.  If the Planning Board finds that all standards of the Statute and this Ordinance have been met, it shall approve the Final Plan.  If the Planning Board finds that any of the standards of the Statute and this Ordinance have not been met, the Board shall either deny the application or approve the application with conditions to ensure all the standards will be met by the subdivision.  The reasons for any conditions shall be stated in the records of the Planning Board and in writing to applicant.

 

2.     Submissions.

The Final Plan shall consist of one or more maps or drawings drawn to scale of not more than one hundred feet to the inch.  Plans for the subdivisions containing more than seventy five acres may be drawn at a scale of not more than two hundred feet to the inch.  Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the border line on the left side for binding and a one inch margin outside the border along the remaining sides.  Space shall be reserved thereon for endorsement by the Planning Board.  Two reproducible, stable base transparent originals, one to be recorded at the Registry of Deeds, the other to be filed at the Municipal Office, and three copies of the plan shall be submitted. The application for approval of the Final Plan shall include the following information:

 

a.                                                                   All the submission requirements set forth in Section 7(D)(3)

 

b.                                                                  The location of existing and proposed streets, highways, easements, lot lines, parks and other open spaces on or adjacent to the subdivision.  The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground.  These lines shall be tied to reference points previously established.  The length of all straight lines, the deflection angles radii, length of curves and central angles of curves, tangent distances and tangent bearings for each street shall be included.

 

c.                               All parcels of land proposed to be dedicated to public use and the conditions of such dedication.  Written offers of cession to the municipality of all public open spaces shown on the Plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted.  If open space or other land is to be offered to the municipality, written evidence that the Board of Selectmen are satisfied with the legal sufficiency of the written offer of cession shall be included.

 

d.      A list of capital construction items with cost estimates that will be completed by the developer prior to the sale of lots.  Also, a separate list of off-site construction items, with capital cost estimates, that must be financed by the municipality, or quasi-municipal districts.  These lists shall include but not be limited to:

 

Schools, including busing

Street maintenance and snow removal

Police and fire protection

Solid waste disposal

Storm water drainage

 

The Applicant shall provide an estimate of the net increase in taxable assessed valuation, assuming completion of the subdivision.

 

 

G.     PERFORMANCE STANDARDS

 

In reviewing all subdivision applications, the Planning Board shall consider the following standards and make findings that each has been met prior to the approval of a Final Plan.  In all instances the burden of proof shall be upon the Applicant.

 

1.         Conformance with Applicable Plans and Sections

All proposed subdivisions shall be in conformance with the Mt. Vernon Comprehensive Plan and the provisions of all other pertinent federal, state and local rules or ordinances, other sections of this Ordinance and regulations.

 

2.         Land Not Suitable for Development.

The Planning Board shall not approve for development, as defined, such portions of any proposed subdivisions involving:

 

a.       Land which is situated below the normal high water mark of any water body.

 

b.      Land which is located within the 100 year frequency flood plain as identified by the Federal Emergency Management Agency or the Department of Housing and Urban Development, Flood Insurance Administration, unless the Applicant shows proof through the submittal of materials prepared by a Registered Land Surveyor which show that the property in question lies at least two feet above the 100 year flood level.  The elevation of filled or made land shall not be considered.

 

c.       Land which is part of a right-of-way or easement, including utility easements.

 

d.      Land which has a water table within ten inches of the surface of the ground for at least three months of the year as identified by the Kennnebec County Soil Survey.  Land which is located on the following soils:

 

Biddeford Mucky Peat

Brayton(Ridgebury) Fine Sandy Loam

Rifle Mucky Peat

Scantic Silt Loam

Searsport (Scarboro) Mucky Peat

Togus Fibrous Peat

 

e.      Land which has been created by filling or draining a pond or wetland.

 

f.         Land which is located within a Resource Protection District.

 

g.      Land which is located on slopes greater than twenty-five (25) percent, or greater than twenty (20) percent in the Shoreland Residential Recreational District.

 

3.         Lots 

a.       Notwithstanding the provisions of Section 7(G)(3)(b),  regarding the minimum lot size in mobile home parks, all lots shall meet at a minimum, the requirements of Sections 5 & 6 of this Ordinance.

 

b.      The lot sizes required in mobile home parks shall be in conformance with the Mobile Home Park Lot Size Requirements of 30-A MRSA, section 4358 (3).

 

c.       Lot configuration and area shall be designed to provide for adequate off-street parking.

 

d.      Where public utilities could be extended to the subdivision in the foreseeable future, the subdivision shall be designed to accommodate the extensions of utilities.

e.      If a lot on one side of a stream greater than 15 feet in width, road or other similar barrier fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the stream or road to meet the minimum lot size.

 

f.         Flag lots and other odd shaped lots in which narrow strips are joined to other parcels in order to meet minimum lot size requirements are prohibited.  Any irregularly shaped, non-rectangular lot shall be designed to contain within it, at a minimum, a rectangular 2 acre lot where the ratio of lot length to width shall not be more than three to one.

 

g.      Any proposed subdivision shall be so designated that every lot has frontage upon a way granting legal access, and so that no part of the tract is land-locked.

 

4.         Retention of Open Spaces and Natural Features.

a.       Topsoil removal on any lot shall be accomplished in compliance with DEP regulation and Sections 5 & 6 of this Ordinance where applicable.

 

b.      The Applicant shall be responsible for taking measures to correct and prevent soil erosion in the proposed subdivision.

 

c.       To prevent soil erosion of shoreline areas, tree cutting in a strip paralleling the shoreline of a water body, as defined, and extending one hundred feet inland from all points along the normal high water shall be limited in accordance with the following:

 

                                                               i.      A buffer strip of vegetation shall be preserved such that there are no cleared openings to the water, and a well-distributed stand of trees with a reasonably complete crown canopy is maintained.

 

                                                             ii.      No cleared openings shall be created, except to locate uses permitted within the buffer strip including without limitation water dependent facilities, water crossings and public recreation areas.

 

                                                            iii.      In order to protect water quality and wildlife habitat, existing vegetation under four (4) feet in height and ground cover shall not be pruned or removed, except as allowed under Section 7(G)(4)C(ii).

 

                                                           iv.      Pruning of live tree branches not to exceed twelve (12) feet in height above the ground level is permitted provided that at least the top two-thirds of the tree canopy is maintained.

 

                                                             v.      Where the removal of storm-damaged, diseased, unsafe or dead trees results in cleared openings being created, those openings shall be replanted with native trees at least three (3) feet in height unless existing new tree growth is present.

 

d.      The street and lot layout shall be adapted to the topography to the maximum extent practicable.

 

e.      Extensive grading and filling shall be avoided as much as possible.

 

 

f.         For all High-Impact Subdivisions, as defined, which are designed at a density at or greater than .4 dwelling units per acre, the Planning Board shall require that the Applicant reserve an area of land as open space for use by property owners in the subdivision up to 10% of the total subdivided acreage.

 

                                                               i.      Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended.  Sites selected primarily for open space purposes shall have such access as the Planning Board may deem suitable, no less than twenty-five feet of road frontage, and have no major dimensions of less than 200 feet.  The configuration of such sites shall be subject to determination of adequacy by the Board with regard to scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc. where necessary and appropriate.

 

                                                             ii.      The Final Plan shall provide how title to the reserved open space areas shall be held and how costs of improvements, maintenance and taxes shall be met.

 

                                                            iii.      Included in the instrument of conveyance to each property owner of the subdivision shall be a statement of the manner of providing for the cost of development and maintenance and for property taxes of the reserved land.

 

                                                           iv.      The recorded subdivision shall indicate that the common open spaces shall not be used for future building lots except for structures and buildings accessory to new recreational or conservation uses; how title shall be held; and who shall be responsible for cost of development and maintenance.

 

                                                             v.      In the event that the common open spaces are not to be owned by the Applicant (or the municipality), an association of property owners, to own, develop and maintain the common open spaces, shall be incorporated and set up.  The articles of incorporation and by-laws shall be submitted to the Planning Board for its approval with the Final Plan.

 

                                                           vi.      The applicant shall maintain control of all common areas, and be responsible for their maintenance, until sufficient development to support the association, as determined by the Planning Board, shall have taken place.

 

                                                          vii.      Reserved land acceptable to the Planning Board and Applicant may be dedicated to the municipality if approved by the voters of the town.

 

                                                        viii.      Further subdivision of the common land or its use for other than non-commercial recreation or conservation purposes shall be prohibited.  Structures and buildings accessory to non-commercial recreational or conservation uses may be erected on the common land with Planning Board approval.

 

 

5.         Utilities.

a.       Underground utilities, if employed, shall be installed prior to the installation of the final gravel base of the road.

 

b.      The size, type and location of streetlights, electric lines, telephone, and other utilities shall be shown on the Final Plan.

 

6.         Required Improvements.

The following improvements are required for all subdivision unless waived by the Planning Board in accordance with the provisions of this section.

 

a.       Monuments

 

                                                               i.      Permanent monuments shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines without curves or intersections.

 

                                                             ii.      Permanent monuments shall be set at all corners and angle points of the subdivision boundaries where the interior angle of the subdivision boundaries is 135 degrees or less.

 

b.      Water Supply

 

                                                               i.      If a central water supply system is provided by the Applicant, the location and protection of the source, and the design, construction and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144-A C.M.R. 231).

 

                                                             ii.      For all High Impact Subdivisions, the Applicant shall construct pond(s) with dry hydrant(s) to provide for adequate water storage for fire-fighting purposes.  An easement shall be granted to the municipality granting access to the dry hydrants where necessary.  The Planning Board may waive the requirement for fire ponds only upon submittal of evidence that the soil types in the subdivision will not permit their construction, or another adequate water source is accessible on a year round basis to fire fighting equipment and personnel is located within 1000 feet of the subdivision.

 

c.       Wastewater Disposal

 

                                                               i.      The Applicant shall submit evidence of soil suitability for subsurface wastewater disposal prepared by a Maine Licensed Site Evaluator in full compliance with the requirements of the State of Maine Subsurface Waste water Disposal Rules.  In addition, when the limiting factor has been identified as being at or within 15 inches of surface in the area of the designated subsurface wastewater system, a second site with suitable soils shall be shown as a reserve area for future replacement of the disposal area.  The reserve area shall be shown on the plan and restricted so as not to be built upon.

 

                                                             ii.      In no instance shall a disposal area be permitted on soils or on a lot which requires a holding tank or a New System Variance from the Subsurface Waste water Disposal Rules.

 

d.      Surface Drainage, Storm Water Run-off and Erosion Control

 

                                                               i.      For all Major and High Impact Subdivisions, a storm water management plan, showing ditching, culverts, storm drains, easements, and other proposed improvements shall be submitted to the Planning Board.  The plan must be reviewed and approved by the Cobbossee Watershed District or the Kennebec County Soil and Water Conservation District.

 

                                                             ii.      Storm Water Run-off.  Surface water run-off shall be minimized and detained on site if possible.  If it is not possible to detain water on site, downstream improvements to the channel may be required of the developer to prevent flooding caused by his or her subdivision.  The natural state of streams, swales, floodways, or rights-of-way shall be maintained in a functional manner, and increases in peak flow caused by the proposed subdivision will not be allowed to overburden natural or existing drainage ways so as to cause erosion, vegetative loss, or other forms of drainage path degradation.  Design period is 100-year storm.  All required storm water run-off control mechanisms will be constructed in accordance with the guidelines of the “Maine Erosion and Sediment Control Handbook for Construction-Best Management Practices”-(Cumberland County SWCD,MDEP-March 1991)

 

                                                            iii.      Erosion Control.  Erosion of soil and sedimentation of streams and water bodies shall be minimized by employing the following “best management” practices:

 

1.       The least possible amount of disturbance will occur during construction in regard to tree removal, de-vegetation, and soil disturbance.  In particular, strips of naturally vegetated areas existing on the down slope side of the construction site shall be maintained as undisturbed buffer areas.

2.       During construction, exposed soils on slopes 10% or greater will be initially stabilized (i.e., mulched, covered, or reseeded) within two (2) working days of disturbance.  All exposed soils on slopes less than 10% shall be stabilized within 15 days of disturbance. The mulching rate to be adhered to is as follows:

 

Method of Stabilization

Rate of Application

Hay Mulch

2 ton/acre

 

 

Wood chips/bark

4” thick

 

 

Reseeding

(only between April 30 & September 30)

As designated in the “Maine Erosion and Sediment Control Handbook for Construction – Best Management Practices” – (Cumberland County SWCD, MDEP – March 1991

                                           

3.       All streams, water bodies and wetlands will be protected from sedimentation during construction by the installation of silt-fence barriers and/or hay bale barriers.  Such barriers shall be installed whenever, and before, digging, soil removal, the stripping of vegetation, scarification, or soil disturbance of any kind occurs within 500 feet of a stream, water body or wetland or on slopes greater than 10%.  The barriers shall be installed at all points immediately down slope of all soil exposing activities.

 

4.       Permanent (final) vegetation and mechanical erosion control measures shall be installed by the time construction is completed.

 

5.       Whenever the erosion and sedimentation control plan or storm water management plan, as required by Sections 7(E)(2)(b)&7(G)(1), indicates that because of slope, potential soil erosion, designed impervious area, and/or site location there is a demonstrated need for control measures, mechanisms shall be utilized by which sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods as determined by the Planning Board, and in accordance with the guidelines established in the “Maine Erosion & Sediment Control Handbook for Construction-Best Management Practices”-Cumberland County SWCD,MDEP-March 1991.

 

6.       The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, unless otherwise specified by the Planning Board.

 

e.      Streets

 

                                                               i.      Notwithstanding the provisions of Section 7(G)(6)(e)(ii)., below, proposed streets shall conform to the standards put forward in the Section 9  “Roads”.

 

                                                             ii.      Streets proposed in mobile home parks shall conform to the provisions of Section 7(G)(6)(e)(i.), above, except where preempted by the provisions of 30-A MRSA, section 4358 (3).

 

                                                            iii.      To accommodate heavy fire fighting equipment, cul-de-sac roads shall be limited to 800 feet in length and shall be terminated by a turn-around-right-of-way no less than 100 feet in diameter.  In developments where it is not possible to construct a 100 foot turn-around, the use of a “Y” or “T” or other turning space may be permitted provided the street length does not exceed 300 feet.  Such a turning space shall allow a vehicle with a wheel base of 20 feet to complete a turning movement with a maximum of one backing movement.  Cul-de-sac roads may be longer than 800 feet when the plans for such roads have been approved by the Mt. Vernon Fire Chief.

 

                                                           iv.      Road or street grades shall not exceed 12 percent.

 

                                                             v.      No street or road shall have a center line radius of curvature of less than 50 feet to be connected with curves of no greater than 7 degrees on all streets and roads.

 

                                                           vi.      All streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 100 degrees, with no less than 100 foot radius approach.

 

                                                          vii.      Proper sight lines shall be maintained at all intersections.  For all intersections onto streets with posted speed limits of 35 mph or less, there shall be a minimum clear sight distance of at least 250 feet from the point of intersection as measured along the centerline.  With regard to intersections onto streets with higher posted speed limits, or onto State or State Aid roads, the required clear sight distance shall conform to the sight distance standards recommended by the Maine Department of Transportation.

 

                                                        viii.      To accommodate heavy fire fighting equipment, bridges and culverts shall be constructed to support a gross vehicle weight of at least 40,000 pounds.

 

f.         Parking

 

For each dwelling unit there shall be off-street parking for at least two vehicles.

 

g.      Building Height

 

No multi-family dwelling structure shall be higher than 35 feet above the highest grade at the site of the structure.

 

h.       Required Improvements

 

All required improvements such as streets, storm water drainage systems, and where appropriate, centralized water supply and sanitary sewage systems, shall be installed at the expense of the Applicant.

 

7.         Common Shoreland Access

 

a.       The use of any property, including easements of any kind, providing common shoreland access shall require a minimum shoreline frontage of 200 contiguous feet and an additional 25 feet for each dwelling unit beyond the third unit using the common shoreland access.  Such a common lot shall have a minimum area of 80,000 square feet.  Any recreational facilities associated with common shoreland access, such as beaches, docks, boat ramps, or picnic areas, shall be a minimum of 75 feet from side lot lines.  Shoreline construction shall conform to all applicable State laws administered by the Department of Environmental Protection.

b.      The common shoreland lot shall be subject to the following provisions:

 

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

                                                       ii.      The common open space(s) shall be shown on the development plan and with appropriate notation.

                                                      iii.      If any or all of the common space is to be reserved for use by the residents of the subdivision, a homeowners’ association shall be created and the by-laws of the proposed homeowner’s association shall specify maintenance responsibilities and shall be submitted to the Planning Board for its review prior to approval.

                                                     iv.      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 at least by reference.

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

 

8.         Phasing of Development

 

Any High Impact Subdivision may be required by the Planning Board to be developed in separate and distinct phases subject to any conditions the Board determines necessary to insure the orderly development of the Final Plan.  The boundary lines of each phase shall be clearly shown on the Final Plan.  When development is phased, road construction shall commence from the public way.

 

9.         Financial and Technical Capacity

 

The applicant shall have adequate financial and technical capacity to meet the standards of this section.  Evidence supporting financial capacity shall include, but not be limited to, a letter from the Town Tax Collector indicating that no unpaid property taxes are recorded for the property to be subdivided.

 

 

H.      Cluster Development

 

1.         Purpose

 

The purposes of these provisions are:

a.       to provide for efficient use of land and the preservation of open space;

b.      to provide for protection of environmentally sensitive resources; 

c.       to provide for orderly development in the rural areas of the community;

d.      to allow for new concepts of housing development; and

e.      to encourage the construction of affordable housing.

  

 

Notwithstanding provisions of this and other Sections of this Ordinance 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.

 

2.         Application Procedure

 

A written application for Cluster Development shall be submitted to the Planning Board.  The number of lots in the cluster development may exceed the number of lots in the standard subdivision, using the density bonus allowed in all districts.

 

3.         Basic Requirements for Cluster Developments

 

a.       Cluster developments shall comply with the performance standards of this Ordinance and any other applicable Town Ordinance except as otherwise noted below.

 

b.      Cluster developments shall be a minimum of 3 lots and shall meet all other requirements of this Section for Subdivision Review.

 

c.       The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, services and parking taking into consideration all requirements of this and of other relevant sections of this Ordinance.

 

d.      In all districts, there shall be a density bonus of 20% for cluster developments.

 

e.      No lot shall be smaller in area than 20,000 square feet unless a public sewer or community sewage collection and treatment system is provided. Lots may be smaller than 20,000 square feet if a community subsurface sewage disposal system is to be used.

 

f.         The total area of open space within the development shall be a minimum of 25% of the total development, and shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the District, excluding density bonus lots.

 

g.      Every building lot that is reduced in area below the amount normally required should abut the open space for a distance of 50 feet, or be within 1,000 feet walking distance of such land along a path of public access or private access reserved for lot owners.

 

h.       Distance between buildings shall not be less than 20 feet.

 

i.         In rural districts, no more than two contiguous individual lots within the development shall have frontage on a road which existed prior to the time of development. Contiguous lots with common access on an existing road shall be separated from other groups of contiguous lots with road frontage by open space of at least two acres and 200 ft of frontage on the existing road(s). Two contiguous lots with allowed road frontage on an existing road shall have a common access. The common access may also serve as access to back lots. Allowable lots with road frontage shall not exceed 50% of the existing road frontage. The principle structure shall be setback a minimum of 75 feet from the center line of the main public access road and 50 feet from center line of interior roads that are constructed as part of cluster development.

 

j.         In no case shall shore frontage and shoreline setback be reduced below the minimums normally required in the Limited Residential, Village, and Stream Protection Districts.

 

k.       Where a cluster development abuts a great pond, a usable portion of the land along the water, as well as reasonable access to it, shall be a part of the open space land.  This open space land shall have a minimum depth of 100 feet.

 

l.         The location of wells and subsurface sewage disposal systems shall be shown on the plan.  The report of a Licensed Site Evaluator shall accompany the plan.

 

4.         Siting Standards:

 

a.       The overall plan for site development and landscaping shall take into consideration natural landscape features, topography, and natural drainage areas. A site inspection shall be conducted by the Planning Board prior to approval. Once approved, the plan shall not be altered without prior approval of the Planning Board, except as provided under Section 7(J)(3).

 

b.      For development abutting existing residential properties a vegetative buffer strip not less than twenty five (25) feet wide shall be maintained along all lot lines of abutting properties (except for entrance and exit driveways). Such vegetative buffer shall not be built on or paved or used for parking or storage. There shall be no removal of trees over 4 inches in diameter within this buffer.  In the Resource Protection District, vegetation shall be retained in its natural state, although tree planting shall be permitted as a matter of right.

 

5.         Preservation and Maintenance of Open Space and Facilities:

 

a.       There shall be no further subdivision of open space. Open space shall be used only for agriculture, non-commercial recreation, forestry or conservation. However, easements for public utilities, structures accessory to agriculture, non-commercial recreation, forestry or conservation, but no residential structures, may be permitted in the open space area.

 

b.      The open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that the open space shall not be used for future building lots; and if a part or all of the open space is to be dedicated for acceptance by the municipality or another suitable third party, such as a land trust, by either fee ownership and/or conservation easement, it shall also be shown on the plan and shall be so noted.

 

c.       Open space land may be sold or leased to a third party for agriculture, non-commercial recreation, conservation, or forestry purposes provided that development rights are held by the municipality, a conservation organization, or other public or semi-public entity.  The legal instruments for conveying such land and retaining development rights shall first be submitted to and approved by the Planning Board.

 

 

I.        PERFORMANCE GUARANTEES

 

1.         Types of Guarantees.

 

With submittal of the application for Final Plan approval, the Planning Board shall require that the Applicant provide one of the following performance guarantees for an amount adequate to cover the total construction costs of all required improvements, taking into account the time-span of the     construction schedule and the inflation rate for construction costs:

 

a.       Either a certified check payable to the municipality or a savings account or certificate of deposit naming the Town as owner, for the establishment of an escrow account;

b.      A performance bond payable to the municipality issued by a surety company, approved by the Municipal Officers;

c.       An irrevocable letter of credit from a financial institution establishing funding for the construction of the subdivision, from which the Town may draw if construction is inadequate, approved by the Selectman; or

d.      A proposal for conditional approval limiting the number of units built or lots sold until all required improvements have been constructed.

 

The conditions and amount of the performance guarantee shall be determined by the Planning Board with the advice of the Road Commissioner, Selectman, and/or Town Attorney.

 

2.         Contents of Guarantee

 

The performance guarantee shall contain:

a.       A construction schedule;

b.      Cost estimates for each major phase of construction taking into account inflation, provisions for inspections of each phase of construction, provisions for the release of part or all of the performance guarantee to the Applicant;

c.       A date after which the Applicant will be in default and the Town shall have access to the funds to finish construction.

 

3.         Escrow Account

 

A cash contribution to the establishment of an escrow account shall be made by either a certified check payable to the municipality, the direct deposit into a savings account, or the purchase of a certificate of deposit.  For any account opened by the Applicant, the municipality shall be named as owner, and the consent of the municipality shall be required for a withdrawal.  Any interest earned on the escrow account shall be returned to the Applicant within thirty days after the Planning Board issues its final decision unless the municipality has found it necessary to draw on the account.  In that case the interest earned shall be proportionately     divided between the amount returned to the Applicant and the amount withdrawn to complete the required improvements.

 

4.         Performance Bond

 

A performance bond shall detail the conditions of the bond, the method for release of the bond or portions of the bond to the Applicant, and the procedures for collection by the municipality.  The bond documents shall specifically reference the subdivision for which approval is sought.

 

5.         Letter of Credit

 

An irrevocable letter of credit from a bank or other lending institution shall indicate that funds have been set aside for the construction of the subdivision and may not be used for any other project or loan.

 

6.         Conditional Agreement

 

The Planning Board, at its discretion may provide for the Applicant to enter into a binding agreement with the municipality in lieu of the other financial performance guarantees.  Such an agreement shall provide for approval of the Final Plan on the condition that up to four lots may be sold or built upon until either:

a.       It is certified by the Planning Board, or its agent, that all of the required improvements have been installed in accordance with this section and the regulations of the appropriate utilities; or

b.      A performance guarantee, acceptable to the municipality, is submitted in an amount necessary to cover the completion of the required improvements at an amount adjusted for inflation and prorated for the portions of the required improvements already installed.  Notice of the agreement and any conditions shall be on the Final Plan which is recorded at the Registry of Deeds.  Release from the agreement shall follow the procedures for release of the performance guarantees contained in Section 7(I)(8).

 

7.         Phasing of Development

 

The Planning Board may approve plans to develop a major subdivision in separate distinct phases (See Section 7(G)(8)). This may be accomplished by limiting final approval to those lots abutting that section of the proposed subdivision street which is covered by a performance guaranteed.  When development is phased, road construction shall commence from an existing public way.  Final approval of lots in subsequent     phases shall be given only upon satisfactory completion of all requirements pertaining to previous phases.

 

8.         Release of Guarantee

 

Prior to the release of any part of the performance guarantee, the Planning Board shall determine to its satisfaction, in part upon the report of whatever agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for those portions of the improvements for which the release is requested.

 

 

9.         Default

 

If, upon inspection, the Town finds that any of the required improvements have not been constructed in accordance with the plans and specifications filed as part of the application, the Selectmen may take any steps necessary to preserve the Town’s rights.

 

10.      Improvements Guaranteed

 

Performance guarantees shall be tendered for all improvements required by Section 7(G)(6). of this section, as well as any other improvements required by the Planning Board.

 

 

J.       INSPECTION OF REQUIRED IMPROVEMENTS

 

1.         At least five days prior to commencing construction of required improvements (Section 7(G)(6))., the Applicant shall notify the Code Enforcement Officer and the Road Commissioner, where applicable, in writing.  All municipal specifications and requirements shall be met during the construction of required improvements.

 

2.         If an inspecting official finds that any of the required improvements have not been constructed in accordance with the approved final plan, the official shall, within 24 hours, report in writing to the Selectmen, Planning Board, and the Applicant.  The Selectmen may take any steps necessary to preserve the municipality’s rights.

 

3.         If at any time before or during the construction of the required improvements, it appears to be necessary or desirable to modify the required improvements, the inspecting official is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural springs, etc.  The inspecting official shall issue any approval under this section in writing and shall transmit a copy of the approval to the Planning Board.  Revised plans shall be filed with the Board within seven days.  For major modifications, such as relocation of rights-of-way property boundaries, changes of grade by more than 1% etc., the Applicant shall obtain permission to modify the plans from the Planning Board.

 

4.         Prior to sale of any lot, the Applicant shall provide the Planning Board with a letter from a Registered Land Surveyor, stating that all monumentation shown on the plan has been installed.

 

5.         The Applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of the improvements by the municipality or by the landowners’ association.

 

 

K.      WAIVERS

 

1.                                                   Waiver of Submission Requirements or Performance Standards

Where the Planning Board makes written findings of fact that there are special circumstances of a particular lot proposed to be subdivided, it may waive portions of the submission requirements or the Performance Standards, unless otherwise indicated in this section to permit a more practical and economical development, provided the public health, safety and welfare are protected, and provided the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, this section, or other sections of this Ordinance.

 

2.                                                   Waiver of Improvements

Where the Planning Board makes written findings of fact that due to special circumstances of a particular lot proposed to be subdivided, the provision of certain required improvements is not requisite to provide for the public health, safety or welfare, or is inappropriate because of inadequate or lacking connecting facilities in proximity to the proposed subdivision, it may waive the requirement for such improvements.

 

3.                                                   Conditions

In granting waivers to any of the provisions of this section in accordance with Section 7(K)(1&2), the Planning Board shall require such conditions as will assure that the objectives of this section are met.

 

 
 

SECTION 8

FLOODPLAIN MANAGEMENT

 

 

ARTICLE I:  PURPOSE AND ESTABLISHMENT

                                                                                                                                             

Certain areas of the Town of Mount Vernon, Maine are subject to periodic flooding, causing serious damages to properties within these areas.  Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.

 

Therefore, the Town of Mount Vernon, Maine has chosen to become a participating community in the National Flood Insurance Program, and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain Management Section.

 

It is the intent of the Town of Mount Vernon, Maine to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.

 

The Town of Mount Vernon has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 30A MRSA, Sections 3001-3007, 4352, and 4401-4407.

 

The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the Town of Mount Vernon having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas.  This Ordinance establishes a Flood Hazard Development Permit system and review procedure for development activities in the designated flood hazard areas of the Town of Mount Vernon, Maine.

 

The areas of special flood hazard, Zones A and AE, are identified by the Federal Emergency Management Agency in a report entitled “Flood Insurance Study – Town of Mount Vernon, Maine, Kennebec County,” dated September 7, 2001, with accompanying “Flood Insurance Rate Map” dated September 7, 2001, which are hereby adopted by reference and declared to be a part of this Ordinance.

 

 

ARTICLE II:  PERMIT REQUIRED

 

Before any construction or other development (as defined in Article XIII), including the placement of manufactured homes, begins within any areas of special flood hazard established in Article I, a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer.  This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the Town of Mount Vernon, Maine.

 

 

ARTICLE III:  APPLICATION FOR PERMIT

 

The application for a Flood Hazard Development Permit shall be submitted to the Code Enforcement Officer and shall include:

 

  1. The name, address and  phone number of the applicant, owner and contractor;

 

  1. An address and a map indicating the location of the construction site;

 

  1. A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;

 

  1. A statement of the intended use of the structure and/or development;

 

  1. A statement of the cost of the development including all materials and labor;

 

  1. A statement as to the type of sewage system proposed;

 

  1. Specification of dimension of the proposed structure and/or development;

 

[Items H-K.2 apply only to new constructions and substantial improvements.]

 

  1. The elevation in relation to the National Geodetic Vertical Datum (NGVD), or to a locally established datum in Zone A only, of the:

 

1.         base flood at the proposed site of all new or substantially improved structures, which is determined:

 

a.       in Zones AE, from data contained in the “Flood Insurance Study – Town of Mount Vernon, Maine,” as described in Article I; or

 

b.      in Zone A:

 

                                                       1.      From any base flood elevation  data from federal, state, or other technical sources (such as FEMA’s Quick-2 model, FEMA 265/July 1995), including information obtained pursuant to Article VI.K. and VIII.D.;

 

                                                       2.      from the contour elevation extrapolated from a best fit analysis of the floodplain boundary when overlaid onto a USGS Quadrangle Map or other topographic map prepared by a Professional Land Surveyor or registered professional engineer, if the floodplain boundary has a significant correlation to the elevation contour line(s); or, in the absence of all other data,

 

                                                       3.      to be the elevation of the ground at the intersection of the floodplain boundary and a line perpendicular to the shoreline which passes along the ground through the site of the proposed building.

 

2.         highest and lowest grades at the site adjacent to the walls of the proposed building;

 

3.         lowest floor, including basement; and whether or not such structures contain a basement; and,

 

4.         level, in the case of non-residential structures only, to which the structure will be floodproofed;

 

  1. A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Article VI;

 

  1. A written certification by a Professional Land Surveyor, registered professional engineer or architect, that the base flood elevation and grade elevations shown on the application are accurate;

 

  1. The following certifications as required in Article VI by a registered professional engineer or architect:

 

 

1.         a Floodproofing Certificate (FEMA Form 81-65, 08/99, as amended), to verify that the floodproofing methods for any non-residential structures will meet the floodproofing criteria of Article III.H.4.; Article VI.G.; and other applicable standards in Article VI;

 

2.         a Hydraulic Openings Certificate to verify that engineered hydraulic openings in foundation wall will meet standards of Article VI.L.2.a.;

 

3.         a certified statement that bridges will meet the standards of Article VI.M.;

 

4.         a certified statement that containment walls will meet the standards of Article VI.N.;

 

 

  1. A description of the extent to which any water course will be altered or relocated as a result of the proposed development; and,

 

  1. A statement of construction plans describing in detail how each applicable development standard in Article VI will be met.

                                                                                                        

 

ARTICLE IV:  APPLICATION FEE AND EXPERT’S FEE

                                                                                                                                            

A non-refundable application fee shall be paid to the Administrative Authority and shall accompany the application.  The fee for minor development shall be $10.00.  The fee for development involving new construction or substantial improvements shall be $55.00.

 

An additional fee may be charged if the Code Enforcement Officer and/or Board of Appeals needs the assistance of a professional engineer or other expert.  The expert’s fee shall be paid in full by the applicant within 10 days after the town submits a bill to the applicant.  Failure to pay the bill shall constitute a violation of the Ordinance and be grounds for the issuance of a stop work order.  An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring in writing or been given an opportunity to be heard on the subject.  An applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the Board of Appeals. 

 

 

ARTICLE V:  REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS

                                                                                                                                            

The Code Enforcement Officer shall:

 

A.      Review all applications for the Flood Hazard Development Permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Article VI (Development Standards) have been , or will be met;

 

B.      Utilize, in the review of all Flood Hazard Development Permit applications:

 

 

                                           1.      the base flood data contained in the “Flood Insurance Study – Town of Mount Vernon, Maine,” as described in Article I;

 

                                           2.      in special flood hazard areas where base flood elevation data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Article III.H.1.b.; Article VI.K.; and Article VIII.D., in order to administer Article VI of this Ordinance; and,

 

                                           3.      when the community establishes a base flood elevation in a Zone A by methods outlined in Article III.H.1.b, the community shall submit that data to the Maine Floodplain Management Program in the State Planning Office.

 

C.      Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Article I of this Ordinance;

 

D.      In the review of Flood Hazard Development Permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

 

E.      Notify adjacent municipalities, the Department of Environmental Protection, and the Maine Floodplain Management Program in the State Planning Office prior to any alteration or relocation of a water course and submit copies of such notifications to the Federal Emergency Management Agency;

 

F.      If the application satisfies the requirements of this Ordinance, approve the issuance of one of the following Flood Hazard Development Permits based on the type of development:

 

                                           1.      A two-part Flood Hazard Development Permit for elevated structures.  Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level.  At that time the applicant shall provide the Code Enforcement Officer with a second Elevation Certificate completed by a Professional Land Surveyor, registered professional engineer or architect based on the Part I permit construction, “as built”, for verifying compliance with the elevation requirements of Article VI, paragraphs F,G, or H.  Following review of the Elevation Certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the Flood Hazard Development Permit.  Part II shall authorize the applicant to complete the construction project; or,

 

                                           2.      A flood Hazard Development Permit for Floodproofing of Non-Residential Structures that are new construction or substantially improved non-residential structures that are not being elevated but that meet the floodproofing standards of Article VI.G.1.a.,b., and c.  The application for this permit shall include a Floodproofing Certificate signed by a registered professional engineer or architect; or,

 

                                           3.      A flood Hazard Development Permit for Minor Development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure.  Minor development also includes, but is not limited to:  accessory structures as provided for in Article VI.J., mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, depositions or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.

 

G.     Maintain, as a permanent record, copies of all Flood Hazard Development Permit Applications, corresponding Permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of Article IX of this Ordinance, and copies of Elevation Certificates, Floodproofing Certificates, Certificates of Compliance and certifications of design standards required under the provisions of Articles III, VI, and VII of this Ordinance.

 

 

ARTICLE VI:  DEVELOPMENT STANDARDS

 

All developments in areas of special flood hazard shall meet the following applicable standards:

 

A.      All Development – All development shall: 

 

1.         be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

 

2.         use construction materials that are resistant to flood damage;

 

3.         use construction methods and practices that will minimize flood damage; and,

 

4.         use electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding conditions.

 

B.      Water Supply:  All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

 

C.      Sanitary Sewage Systems:  All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

 

D.      On Site Waste Disposal Systems:  On site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.

 

E.      Watercourse Carrying Capacity:  All development associated with altered or relocated portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.

 

F.      Residential:  New construction or substantial improvement of any residential structure located within:

 

                                           1.      Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

 

                                           2.      Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D.

 

G.     Non Residential:  New construction or substantial improvement of any non-residential structure located within:

 

1.         Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:

 

a.       Be floodproofed to at least one foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to the passage of water;

 

b.      Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and,

 

c.       Be certified by a registered professional engineer or architect that the floodproofing design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section.  Such certification shall be provided with the application for a Flood Hazard Development Permit, as required by Article III.K. and shall include a record of the elevation above mean sea level to which the structure is floodproofed.

 

2.         Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D., or

 

a.       together with attendant utility and sanitary facilities meet the floodproofing standards of Article VI.G.1.

 

H.      Manufactured Homes:  New or substantially improved manufactured homes located within:

 

1.       Zone AE shall:

 

a.       Be elevated such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation;

 

b.                              Be on a permanent foundation, which may be poured masonry slab or foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support he manufactured home so that no weight is supported by its wheels and axles; and,

 

c.                               Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement.  Methods of anchoring may include, but are not limited to:

 

1.       over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by,

 

2.       frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).

 

3.       all components of the anchoring system described in Article VI.H.1.c.1&2 shall be capable of carrying a force of 4800 pounds.

 

2.       Zone A shall:

 

a.       be elevated on a permanent foundation, as described in Article VI.H.1.b., such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B.; or Article VIII.D.; and

 

b.      meet the anchoring requirements of Article VI.H.1.c.

 

I.         Recreational Vehicles:  Recreational Vehicles located within:

 

1.         Zone AE shall either:

 

a.       Be on the site for fewer than 180 consecutive days.

 

b.      Be fully licensed and ready for highway use.  A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or,

 

c.       Be permitted in accordance with the elevation and anchoring requirements for “manufactured homes” in Article VI.H.1.

 

J.       Accessory Structures:  Accessory Structures, as defined in Article XIII, located within Zones AE and A, shall be exempt from the elevation criteria required in Article VI.F. & G. above, if all other requirement s of Article VI and all the following requirements are met.  Accessory Structures shall:

 

1.         be 500 square feet or less and have a value less than $3000;

 

2.         have unfinished interiors and not be used for human habitation;

 

3.         have hydraulic openings, as specified in Article VI.L.2., in at least two different walls of the accessory structure;

 

4.         be located outside the floodway;

 

5.         when possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and,

 

6.         have only ground fault interrupt electrical outlets.  The electric service disconnect shall be located above the base flood elevation and when possible outside the Special Flood Hazard Area.

 

K.      Floodways

 

1.         In Zone AE riverine areas, encroachments, including fill, new construction, substantial improvement, and other development shall be permitted within a regulatory floodway which is designated on the community’s “Flood Insurance Rate Map”, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

 

2.         In Zones AE and A riverine areas for which no regulatory floodway is designated, encroachments, including fill, new construction, substantial improvement, and other development shall be permitted in the floodway as determined in Article VI.K.3. unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development when combined with all other existing development and anticipated development:

 

a.       Will not increase the water surface elevation of the base flood more than one foot at any point within the community; and,

 

b.      Is consistent with the technical criteria contained in Chapter 5 entitled “Hydraulic Analyses,” Flood Insurance study – Guidelines and Specifications for study Contractors, (FEMA 37/January 1995, as amended)

 

 

3.         In Zones AE and A riverine areas for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water mark to the upland limit of the floodplain.

 

L.       Enclosed Areas Below the Lowest Floor:  New construction or substantial improvement of any structure in Zones AE and A that meets the development standards of Article VI, including the elevation requirement of Article VI, paragraphs F,G, or H and is elevated on posts, columns, piers, piles, “stilts,” or crawlspaces may be enclosed below the base flood elevation requirements provided all the following criteria are met or exceeded:

 

1.                               Enclosed areas are not “basements” as defined in Article XIII;

 

2.                               Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water.  Designs for meeting this requirement must either:  

 

a.       Be engineered and certified by a registered professional engineer or architect; or

 

b.      Meet or exceed the following minimum criteria:

 

1.       a minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area;

 

2.       the bottom of all openings shall be below the base flood elevation and no higher than one foot above the lowest grade; and,

 

3.       openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the entry and exit of flood waters automatically without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means;

 

3.                               The enclosed area shall not be used for human habitation; and,

 

4.                               The enclosed areas are usable solely for building access, parking of vehicles, or storage.

 

M.     Bridges:  New construction or substantial improvement of any bridge in Zone AE and A shall be designed such that:

 

1.                                           when possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and

 

2.                                           a registered professional engineer shall certify that: 

 

a.       the structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Article VI.K.; and

b.      the foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components.  Water loading values used shall be those associated with the base flood.

 

N.      Containment Walls:  New construction or substantial improvement of any containment wall located within: 

 

1.         Zone AE and A shall:

 

a.       Have the containment wall elevated to at least one foot above the base flood elevation;

 

b.      Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and,

 

c.       Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section.  Such certification shall be provided with the application for a Flood Hazard Development Permit, as required by Article III.K.

 

O.     Wharves, Piers and Docks:  New construction or substantial improvement of wharves, piers, and docks are permitted in Zones AE and A, in and over water and seaward of the mean high tide if the following requirements are met:

 

1.                                           wharves, piers, and docks shall comply with all applicable local, state and federal regulations; and

 

2.                                           for commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.

 

 

ARTICLE VII:  CERTIFICATE OF COMPLIANCE

 

No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a Certificate of Compliance is issued by the Code Enforcement Officer subject to the following provisions:

 

A.      For New Construction or substantial Improvement of any elevated structure the applicant shall submit to the Code Enforcement Officer, an Elevation Certificate completed by a Professional Land Surveyor, registered professional engineer, or architect, for compliance with Article VI, paragraphs F,G, or H.

 

B.      The applicant shall submit written notification to the Code Enforcement Officer that the development is complete and complies with the provisions of this ordinance.

 

C.      Within 10 working days, the Code Enforcement Officer shall:

 

1.         review the Elevation Certificate and the applicant’s written notification; and,

 

2.         upon determination that the development conforms with the provisions of this ordinance, shall issue a Certificate of Compliance.

 

 

ARTICLE VIII:  REVIEW OF SUBDIVISON AN DEVELOPMENT PROPOSALS

 

The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law or local ordinances or regulations and all projects on 5 or more disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:

 

A.      All such proposals are consistent with the need to minimize flood damage.

 

B.      All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages.

 

C.      Adequate drainage is provided so as to reduce exposure to flood hazards.

 

D.      All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway data.  These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.

 

E.      Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a Special Flood Hazard Area, are to be constructed in accordance with Article VI of this ordinance.  Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest.  The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described.  The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.

 

 

ARTICLE IX:  APPEALS AND VARIANCES

 

The Board of Appeals of the Town of Mount Vernon may, upon written application of an aggrieved party, hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration of the provisions of this Ordinance.  

 

The Board of Appeals may grant a variance from the requirement of this Ordinance consistent with state law and the following criteria:

 

A.      Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

 

B.      Variances shall be granted only upon:

 

                   1.      a showing of good and sufficient cause; and,

 

                   2.      a determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense, or create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances; and,

 

                   3.      a showing that the issuance of the variance will not conflict with other state, federal or local laws or ordinances; and,

 

                   4.      a determination that failure to grant the variance would result in “undue hardship,” which in this sub-section means:

 

a.       that the land in question cannot yield a reasonable return unless a variance is granted; and,

 

b.      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,

 

c.