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Shoreland Zoning Ordinance
for the Municipality of Jay, Maine
June 22,1992


TABLE OF CONTENTS

Section 1. Purposes ...............................

Section 2. Authority ..............................

Section 3. Applicability ............................

Section 4. Effective Date and Repeal of Formerly Adopted Ordinance

Section 5. Availability .............................

Section 6. Severability .............................

Section 7. Conflicts with Other Ordinances ................

Section 8. Amendments ............................

Section 9. Districts and Zoning Map ....................

A. Official Shoreland Zoning Map .................

B. Scale of Map ............................

C. Certification of Official Shoreland Zoning Map .......

D. Changes to the Official Shoreland Zoning Map .......

Section 10. Interpretation of District Boundaries ..............

Section 11. Land Use Requirements .....................

Section 12. Non-conformance .........................

                            A. Purpose ...............................

Page - i

B. General ..............................

1. Transfer a/Ownership ................

2. Repair and Maintenance ...............

C. Non-conforming Structures ..................

1. Expansions .......................

2. Relocation .......................

3. Reconstruction or Replacement ...........

4. Change of Use of a Non-conforming Structure .

D. Non-conforming Uses ......................

1. Expansions .......................

1. Resumption Prohibited ................

3. Change of Use .....................

E. Non-conforming Lots ......................

1. Non-conforming Lots .................

2. Contiguous Built Lots ................

3. Contiguous Lots - Vacant or Partially Built . . .

Section 13. Establishment of Districts ...................

A. Resource Protection District ..................

B. Limited Residential District ..................

C. Limited Commercial District .................

D. General Development District .................

E. Stream Protection District ...................

Section 14. Table of Land Use ........................

Section 15. Land Use Standards .......................

A. Minimum Lot Standards .................................... Page - 11

B. Principal and Accessory Structures .............................. Page - 11

C. 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

              D. Campgrounds .................................

E. Individual Private Campsites ........................

F. Commercial and Industrial Uses .....................

G. Parking Areas ................................

H. Roads and Driveways ............................

I. Signs ......................................

J. Storm Water Runoff .............................

K. Septic Waste Disposal ............................

Page - ii

L. Essential Services ........................................ Page - lo

M. Mineral Exploration and Extraction ............................. Page - 18

N. Agriculture ............................................ Page - 19

0. Timber Harvesting ........................................ Page - 20

P. Clearing of Vegetation for Development .......................... Page - 22

Q. Erosion and Sedimentation Control .............................. Page - 22

R. Soils ................................................ Page - 25

S. Water Quality ........................................... Page - 25

                          T. Archaeological Sites ....................................... Page - 25

Section 16. Administration ............................................. Page - 25

                         A. Administering Bodies and Agents ............................... Page - 25

1. Code Enforcement Officer .............................. Page - 25

2. Board of Appeals ................................... Page - 25

3. Planning Board .................................... Page - 26

B. Permits Required ......................................... Page - 26

C. Permit Application ........................................ Page - 26

D. Procedure for Administering Permits ............................ Page - 27

E. Expiration of Permit ....................................... Page - 27

F. Installation of Public Utility Service ............................. Page - 28

                          G. Appeals .............................................. Page - 28

1. Powers and Duties of the Board of Appeals .................... Page - 28

2. Variance Appeals ................................... Page - 28

3. Appeal Procedure ................................... Page - 29

4. Appeal to Superior Court .............................. Page - 30

5. Reconsideration .................................... Page - 30

H. Enforcement ........................................... Page - 31

Section 17. Definitions ................................................ Page - 32

Page - iii

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Shoreland Zoning Ordinance for the Municipality of
Jay, Maine

Adopted June 22, 1992
Section 1. Purposes

The purposes of this Ordinance are to further the maintenance of safe and healthful conditions; to prevent
and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat;

to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic
resources; 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.

Section 2. Authority

This Ordinance has been prepared in accordance with the provisions of Title 38 Sections 435-449 of the
Maine Revised Statutes Annotated (M.R.S.A.).

Section 3. Applicability

This Ordinance applies to 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 freshwater wetland;

and within 75 feet, horizontal distance, of the normal high-water line of a stream. 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.

Section 4. Effective Date and Repeal of Formerly Adopted Ordinance

This Ordinance, which was approved by the Town of Jay Selectmen on May 26, 1992 and adopted by
majority vote of the citizens of Jay on June 22, 1992, shall not be effective unless 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 for approval. If the
Commissioner fails to act on this Ordinance within forty-five (45) days of his/her receipt of the Ordinance,
it shall be deemed approved. Upon approval of this Ordinance, the previously adopted shoreland zoning
ordinance, effective March 11, 1974, is hereby repealed.

Any application for a permit submitted to the Town of Jay within the forty-five (45) day period shall be
governed by the terms of this Ordinance if the Ordinance is approved by the Commissioner.

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Section 5. Availability

A certified copy of this Ordinance shall be filed with the Town of Jay Clerk and shall be accessible to any
member of the public. Copies shall be made available to the public at reasonable cost at the expense of
the person making the request. Notice of availability of this Ordinance shall be posted.

Section 6. 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 the Ordinance.

Section 7. 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.

Section 8. Amendments

This Ordinance may be amended upon upon enactment by the annual town meeting or a special town
meeting of the Town of Jay. Copies of amendments, attested and signed by the Town of Jay Clerk, shall
be submitted to the Commissioner of the Department of Environmental Protection following adoption by
the municipal legislative body and shall not be effective unless approved by the Board of Environmental
Protection. 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 Board.

Section 9. Districts and Zoning Map
A. Official Shoreland Zoning Map

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

1. Resource Protection District

2. Limited Residential District

3. Limited Commercial District

4. General Development District

5. Stream Protection District

B. Scale of Map

The Official Shoreland Zoning 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.

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C. Certification of Official Shoreland Zoning Map

The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal
Clerk and shall be located in the municipal office. In the event the municipality does not have a
municipal office, the Municipal Clerk shall be the custodian of the map.

D. Changes to the Official Shoreland Zoning Map

If amendments, in accordance with Section 8, are made in the district boundaries or other matter
portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official
Shoreland Zoning Map within thirty (30) days after the amendment has been approved by the
Commissioner of the Department of Environmental Protection.

Section 10. Interpretation of District Boundaries

Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines,
the center lines of streets, roads and rights of way, and the boundaries of the shoreland area as defined
herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals
shall be the final authority as to location.

Section 11. Land Use Requirements

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered
and no new lot shall be created except in conformity with all of the regulations herein specified for the
district in which it is located, unless a variance is granted.

Section 12. Non-conformance
A. Purpose

It is the intent of this Ordinance to promote land use conformities, except that non-conforming
conditions that existed before the effective date of this Ordinance shall be allowed to continue,
subject to the requirements set forth in this section.

B. General

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 this Ordinance.

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

NOTE: See Section 17 for the definitions of non-conforming structures, non-conforming uses and
non-conforming lots.

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C. Non-conforming Structures

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

Further Limitations:

a. If any portion of a structure is less than the required setback from the normal
high- water line of a water body or upland edge of a wetland, that portion of the
structure shall not be expanded in floor area or volume, by 30% or more,
during the lifetime of the structure.

b. Construction or enlargement of a foundation beneath the existing structure shall
not be considered an expansion of the structure provided; that the structure and
new foundation are placed such that the setback requirement is met to the
greatest practical extent as determined by the Planning Board, basing its decision
on the criteria specified in subsection 2. Relocation, below; that the completed
foundation does not extend beyond the exterior dimensions of the structure; and
that the foundation does not cause the structure to be elevated by more than
three (3) additional feet.

c. No structure which is less than the required setback from the normal high-water
line 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 Planning
Board, 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 that a new system can be installed 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 Planning Board 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 soils suitable for septic
systems, and the type and amount of vegetation to be removed to accomplish the
relocation.

3. Reconstruction or Replacement: Any non-conforming structure which is located less than
the required setback from the normal high-water line of a water body, tributary stream,
or upland edge of a wetland and which is removed, or damaged or destroyed by more
than 50% of the market value of the structure before such damage, destruction 01
removal, may be reconstructed or replaced provided that a permit is obtained within one

Page - 4

 

year of the date of said damage, destruction, or removal, and provided that such
reconstruction or replacement is in compliance with the water setback requirement to the
 greatest practical extent as determined by the Planning Board 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.

Any non-conforming structure which is damaged or destroyed by 50% or less of the
market value of the structure, excluding normal maintenance and repair, may be
reconstructed in place with a permit, from the code enforcement officer.

In determining whether the building reconstruction or replacement meets the water
setback to the greatest practical extent the Planning Board shall consider in addition to
the criteria in paragraph 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 Planning Board after receiving a written
application determines that the new use will have no greater adverse impact on the water
body or wetland, or on the subject or adjacent properties and resources than the existing
use.

In determining that no greater adverse impact will occur, the Planning Board 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, and archaeological and historic resources.

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 Planning Board, be
expanded within existing residential structures or within expansions of such structures
as permitted in Section 12(C)(l)(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 non-conforming use except that the Planning Board
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: 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
Planning Board. The determination of no greater adverse impact shall be made according
to criteria listed in Section 12 (C) (4) above.

Page - 5

E. Non-conforming Lots

1. Non-conforming Lots'. A non-conforming lot of record as of the effective date of this
Ordinance or amendment thereto 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 size and frontage
can be met. Variances relating to setback or other requirements not involving lot size
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 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 and Subsurface Wastewater
Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the
effective date of this ordinance, 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
are in single or joint ownership of record at the time of or since adoption or amendment
of this Ordinance, 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.

This provision shall not apply to two or more contiguous lots, at least one of which is
non-conforming, owned by the same person or persons on the effective date of this
Ordinance and recorded in the registry of deeds if the lot is served by a public sewer 01
can accommodate a subsurface sewage disposal system in conformance with the State of
Maine Subsurface Wastewater Disposal Rules, and;

a. Each lot contains at least 100 feet of shore frontage and at least 20,000 square
feet of lot area; or

b. Any lots that do not meet the frontage and lot size requirements of
subparagraph a., are reconfigured or combined so that each new lot contains at
least 100 feet of shore frontage and 20,000 square feet of lot area.

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Section 13. Establishment of Districts

A. 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 Limited Commercial or General Development Districts need
not be included within the Resource Protection District.

1. 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 by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) as
of January 1, 1973.

NOTE: The Natural Resources Protection Act, Title 38 Sections 480-A through 480-S, requires
the Department of Environmental Protection to designate areas of "significant wildlife
habitat". Significant wildlife habitat includes:

Habitat for species appearing on the official state or federal lists of endangered or
threatened species; high and moderate value deer wintering areas and travel corridors
as defined by the Department of Inland Fisheries and Wildlife; high and moderate value
waterfowl and wading bird habitats, including nesting and feeding areas as defined by
the Department of Inland Fisheries and Wildlife; critical spawning and nursery areas for
Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; and
 shorebird nesting, feeding and staging areas and seabird nesting islands as defined by
the Department of Inland Fisheries and Wildlife.

As these areas are mapped and development standards are established, the Town of Jay
may incorporate such areas and standards into their locally adopted ordinances.

2. 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.

3. Areas of two or more contiguous acres with sustained slopes of 20% or greater.

4. Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric
soils, which are not part of a freshwater wetland as defined, and which are not surficially
connected to a water body during normal spring high water.

5. Land areas along rivers subject to severe bank erosion, undercutting, or river bed
movement and lands adjacent to tidal waters which are subject to severe erosion or mass
movement, such as steep bluffs.

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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 or the General Development District.

Limited Commercial District

The Limited Commercial District includes areas of mixed, light commercial and residential uses,
exclusive of the Stream Protection District, which should not be developed as intensively as the
General Development District. This district includes areas of two or more contiguous acres in size
devoted to a mix of residential and low intensity business and commercial uses. Industrial uses
are prohibited.

General Development District

The General Development District includes the following types of areas:

1. Areas of two or more contiguous acres devoted to commercial, industrial or intensive
recreational activities, or a mix of such activities, including but not limited to the
following:

 a. Areas devoted to manufacturing, fabricating or other industrial activities;

                                                                     b. Areas devoted to wholesaling, warehousing, retail trade and service activities,
                                                                        or other commercial activities; and

                                                                     c. Areas devoted to intensive recreational development and activities, such as, but
                                                                         not limited to amusement parks, race tracks and fairgrounds.

 

2. Areas otherwise discernable as having patterns of intensive commercial, industrial or
recreational uses.

Portions of the General Development District may also include residential development.
However, no area shall be designated as a General Development District based solely on
residential use.

In areas adjacent to great ponds, the designation of an area as a General Development
District shall be based upon uses existing at the time of adoption of this Ordinance.
There shall be no newly established General Development Districts or expansions in area
of existing General Development Districts adjacent to great ponds.

NOTE: See definition of 'great pond classified GPA' in Section 17.

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E. 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 freshwater
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.

Section 14. Table of Land Use

All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all
of the applicable land use standards in Section 15. The district designation for a particular site shall be
determined from the Official Shoreland Zoning Map.

Key to Table 1:

RP - Resource Protection Yes - Allowed (no permit required but the use must comply with
LR - Limited Residential all applicable land use standards.)
LC - Limited Commercial No - Prohibited
GD - General Development PB - Requires permit issued by the Planning Board
SP - Stream Protection CEO - Requires permit issued by the Code Enforcement Officer
LPI - Requires permit issued by the Local Plumbing Inspector

Note: Any of the following activities shall require a permit from the Department of Environmental
Protection, pursuant to Title 38 MRSA § 480-C, if the activity occurs in, on, over or adjacent to any
freshwater wetland, great pond, river, stream or brook and operate 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 dewatering;

C. Filling, including adding sand or other material to a sand dune; or
 D. Any construction or alteration of any permanent structure.

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Section 15. Land Use Standards

All land use activities within the shoreland zone shall conform with the following provisions, if applicable.
 

A. Minimum Lot Standards

1. Dimensions Minimum Lot Area Minimum Shore
(sq.ft.) Frontage (ft.)

Residential per dwelling unit 40,000

Governmental. Institutional. Commercial
or Industrial per principal structure 60,000

Public and Private Recreational Facilities 40,000

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

3. 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.

4. 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.

5. If more than one residential dwelling unit or more than one principal commercial or
industrial structure is constructed on a single parcel, all dimensional requirements shall
be met for each additional dwelling unit or principal structure.

B. Principal and Accessory Structures

1. All new principal and accessory structures shall be set back at least one hundred (100)
feet from the normal high- water line of great ponds classified GPA and rivers that flow
to great ponds classified GPA, and seventy-five (75) feet from the normal high- water
line of other water bodies, tributary streams, or the upland edge of a wetland, except thai
in the General Development District the setback from the normal high-water line shall be
at least twenty-five (25) feet.

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

Page- 11

2. Principal or accessory structures and expansions to existing structures which are
permitted in the Resource Protection, Limited Residential, Limited Commercial, and
Stream Protection Districts, shall not exceed thirty-five (35) feet in height. This
provision shall not apply to structures such as transmission towers, windmills, antennas,
and similar structures having no floor area.

3. The first 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.

4. 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, except in
the General Development District adjacent to rivers which do not flow to great ponds
classified GPA, where lot coverage shall not exceed seventy (70) percent.

5. 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, Section 480-C); and that the applicant demonstrates that no
reasonable access alternative exists on the property.

C. 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.

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

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

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

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

5. 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.

6. 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.

Page - 12

7. Except in the General Development District, 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.

D. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State licensing
procedures and the following:

1. Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not
including roads and driveways, for each site. 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.

2. 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 classified GPA or a river flowing to a great pond
classified GPA, and seventy-five (75) feet from the normal high-water line of other
water bodies, tributary streams, or the upland edge of a wetland.

E. Individual Private Campsites

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

1. One campsite per lot existing on the effective date of this Ordinance, or thirty thousand
(30,000) square feet of lot area within the shoreland zone, whichever is less, may be
permitted.

2. 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 classified GPA or river flowing to a great pond classified GPA, and
seventy-five (75) feet from the normal high- water line of other water bodies, tributary
streams, or the upland edge of a wetland.

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

4. 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.

Page - 13

5. 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.

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

F. Commercial and Industrial Uses

The following new commercial and industrial uses are prohibited within the shoreland zone
adjacent to great ponds classified GPA, and rivers and streams which flow to great ponds classified
GPA:

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, wood preserving, and furniture stripping

f. Dry cleaning establishments

g. Electronic circuit assembly

h. Laundromats, unless connected to a sanitary sewer

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

1. Printing

G. Parking Areas

1. Parking areas shall meet the shoreline setback requirements for structures for the district
in which such areas are located. The setback requirement for parking areas serving
public boat launching facilities, in Districts other than the General Development District
may be reduced to no less than fifty (50) feet from the normal high-water line or upland
edge of a wetland if the Planning Board finds that no other reasonable alternative exists.

2. 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, and where feasible,
to retain all runoff on-site.

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

a. 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.

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

                                   H. Roads and Driveways

The following standards shall apply to the construction of roads and/or driveways and drainage
systems, culverts and other related features.

1. Roads and driveways shall be set back at least one-hundred (100) feet from the normal
high-water line of a great pond, and seventy-five (75) feet from the normal high- water
line of other water bodies, tributary steams, 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. Such
techniques may include, but are not limited to, the installation of settling basins, and/or
the effective use of additional ditch relief culverts and turnouts placed so as to avoid
sedimentation of the water body, tributary stream, or wetland.

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

This paragraph shall neither apply to approaches to water crossings nor to roads or
driveways that provide access to permitted structures, and facilities located nearer to the
shoreline due to an operational necessity.

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

3. New permanent roads are not permitted within the shoreland zone along Significant River
Segments except:

a. To provide access to structures or facilities within the zone; or

b. The applicant demonstrates that no reasonable alternative route exists outside the
shoreland zone. When roads must be located within the shoreland zone they
shall be set back as far as practicable from the normal high-water line and
screened from the river by existing vegetation.

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

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

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

In order to prevent road surface drainage from directly entering water bodies, roads shall
be designed, constructed, and maintained to empty onto an unscarified buffer strip 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 surface drainage which is directed to an unscarified buffer strip
shall be diffused or spread out to promote infiltration of the runoff and to minimize
channelized flow of the drainage through the buffer strip.

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

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

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

c. 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.

Page - 16

 

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

 

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

 

Signs

The following provisions shall govern the use of signs in the Resource Protection, Stream
Protection, Limited Residential and Limited Commercial Districts:

1. Signs and billboards relating to goods and services sold on the premises shall be
permitted, provided that such signs shall not exceed six (6) 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.

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

3. 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.

4. 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.

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

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

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

Storm Water Runoff

1. 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.

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

Page - 17

Septic Waste Disposal

1. All subsurface sewage disposal systems shall be installed in conformance with the State
of Maine Subsurface Wastewater Disposal Rules.

NOTE: The Rules, among other requirements, include:

a. The minimum setback/or new subsurface sewage disposal systems,
shall be no less than one hundred (100) horizontal feet from the normal
high-water line of a perennial water body. The minimum setback
distances from water bodies for new subsurface sewage disposal
systems shall not be reduced by variance.

                         b. Replacement systems shall meet the standards for replacement systems
                         as contained in the Rules.

Essential Services

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

2. 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.

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:

1. 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 4 below.

2. Unless authorized pursuant to the Natural Resources Protection Act, Title 38, M.R.S.A,
Section 480-C no part of any extraction operation, including drainage and runoff control
features shall be permitted within one hundred (100) feet of the normal high-water line
of a great pond or a river flowing to a great pond classified GPA, and within seventy-five
(75) feet of the normal high-water line of any other water body, tributary stream, or the
upland edge of a wetland. Extraction operations shall not be permitted within seventy-
five (75) feet of any property line, without written permission of the owner of such
adjacent property.

Page - 18

3. 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:

a. 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, Maine Revised Statutes
Annotated, Section 1310 and Chapter 404 of the Department of Environmental
Protection's regulations may contain other applicable provisions regarding
disposal of such materials.

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

c. 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.

4. 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.

N. Agriculture

1. All spreading or disposal of manure shall be accomplished in conformance with the
Maine Guidelines for Manure and Manure Sludge Di