Shoreland
Zoning Ordinance
for the Municipality of Jay, Maine
June 22,1992
TABLE OF CONTENTS
Section 1. Purposes ...............................
Section 2. Authorit
y ..............................Section 3. Applicabilit
y ............................Section 4. Effective Date and Repeal of Formerl
y Adopted OrdinanceSection 5. Availabilit
y .............................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 -
B.
General ..............................1. Transfer
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
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 -
iiL.
Essential Services ........................................ Page - loM.
Mineral Exploration and Extraction ............................. Page - 18N.
Agriculture ............................................ Page - 190. Timber Harvesting ........................................ Page - 20
P. Clearing of Vegetation for Development .......................... Page - 22
Q.
Erosion and Sedimentation Control .............................. Page - 22R.
Soils ................................................ Page - 25S.
Water Quality ........................................... Page - 25T.
Archaeological Sites ....................................... Page - 25Section 16. Administration ............................................. Page - 25
A. Administering Bodies and Agents ............................... Page - 25
1
2. Board of Appeals ................................... Page - 25
3. Planning Board .................................... Page - 26
B.
Permits Required ......................................... Page - 26C.
Permit Application ........................................ Page - 26D.
Procedure for Administering Permits ............................ Page - 27E.
Expiration of Permit ....................................... Page - 27F.
Installation of Public Utility Service ............................. Page - 28G.
Appeals .............................................. Page - 281. 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. Reconsidera
H.
Enforcement ........................................... Page - 31Section 17. Def
initions ................................................ Page - 32Page -
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Shoreland
Zoning Ordinance for the Municipality ofJay, Maine
Adopted June 22, 1992
Section 1. Purposes
The purposes of this Ordina
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
Section 2.
AuthorityThis Ordinance has been prepared in accordance with the provisions of Title 38 Sections 435
-449 of theMaine Revised Statutes Annotated (M.R.S.A.).
Section 3. Applicabilit
yThis 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 a
nd adopted bymajority 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.
Page - 1
Section 5. Ava
ilabilityA certif
ied copy of this Ordinance shall be filed with the Town of Jay Clerk and shall be accessible to anymember 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.
SeverabilityShould 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 OrdinancesWhenever a provision of this Ordinance conflicts with or is inconsistent with another provision of th
isOrdinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.
Section 8.
AmendmentsThis 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
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
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 MapThe 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.
Page - 2
C.
Certification of Official Shoreland Zoning MapThe Off
icial Shoreland Zoning Map shall be certified by the attested signature of the MunicipalClerk 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 MapIf amendments, in accordance with Section 8,
are made in the district boundaries or other matter
portrayed on the Off
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 BoundariesUn
less 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 RequirementsExcept 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 specif
district in which it is located, unless a variance is granted.
Section 12.
Non-conformanceA. 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.
General1. 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
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.
Page - 3
C.
Non-conforming Structures1. Expansions: A non
-conforming structure may be added to or expanded after obtaininga 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 shallnot 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-waterline 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 theparcel 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
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 thanthe 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 sa
id damage, destruction, or removal, and provided that suchreconstruction 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
off
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 healt
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 Uses1. Expansions: Expansions of 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 useis 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 Lots1. Non-conforming Lots
'. A non-conforming lot of record as of the effective date of thisOrdinance 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
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
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 ofsubparagraph 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.
Page - 6
Section 13.
Establishment of DistrictsA. 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
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
of January 1, 1973.
NOTE: The Natural Resources Protection Act, T
itle 38 Sections 480-A through 480-S, requiresthe 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
the Department of Inland Fisheries and Wildlife.
As these areas are mapped and development standards are established, the Town of Ja
ymay 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
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
hydricsoils, 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 ad
movement, such as steep bluffs.
Page - 7
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 orrecreational 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
DevelopmentDistrict 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 definit
ion of 'great pond classified GPA' in Section 17.Page - 8
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
(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 UseAll 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.
Ke
y to Table 1:RP
- Resource Protection Yes - Allowed (no permit required but the use must comply withLR - 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
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
C.
Filling, including adding sand or other material to a sand dune;
or
D. Any
construction or alteration of any permanent structure.
Page - 9
Sect
ion 15. Land Use StandardsAll 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 Structures1. 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
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 expans
ions to existing structures which arepermitted 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 f
irst floor elevation or openings of all buildings and structures including basementsshall 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 theshoreland 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
reasonable access alternative exists on the property.
C.
Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or Beyond theNormal 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 Protect
Resources Protection Act, Title 38 M.R.S.A., Section 480-C.
D.
CampgroundsCampgrounds 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 classif
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 CampsitesIndividual, 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
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 classif
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 st
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 wr
itten sewage disposal plan describing the proposed method and location of sewagedisposal 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 onehundred 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 UsesThe following new commercial and industrial uses are prohibited within the
shoreland zoneadjacent 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 shopsc.
Chemical and bacteriological laboratoriesd.
Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farmse. 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
to retain all runoff on-site.
Page - 14
3. In determ
ining the appropriate size of proposed parking facilities, the following shallapply:
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 DrivewaysThe 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
its setback from a water body.
3. New permanent roads are not permitted within the
shoreland zone along Significant RiverSegments 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.
Page - 15
New roads and dr
iveways are prohibited in a Resource Protection District except toprovide 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
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
(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 culvertsshall 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.
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
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 runofffrom 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 Stateof Maine Subsurface Wastewater Disposal Rules.
NOTE: The Rules, among o
ther 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 systemsas 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 Off
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,
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. W
ithin twelve (12) months following the completion of extraction operations at anyextraction 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
may be buried or covered on-site.
NOTE: The State of Maine Solid Waste Laws, T
itle 38, Maine Revised StatutesAnnotated, 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 shallbe 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.
Agriculture1. All spreading or disposal of manure shall be accomplished in
conformance with theMaine Guidelines for Manure and Manure Sludge Disposal on Land published by the
University of Maine Soil and Water Conservation Commission in July, 1972.
2. Manure shall not be stored or stockpiled
within one hundred (100) feet, horizontal
distance, of a great pond or a river flowing to a great pond,
classified
seventy- five (75) feet horizontal distance, of other water bodies, tributary streams, or
wetlands. Within five (5) years of the effective date of this ordinance all manure storage
areas within the shoreland zone must be constructed or modified such that the facility
produces no discharge of effluent or contaminated storm water. Existing facilities which
do not meet the setback requirement may remain, but must meet the no discharge
provision within the above five (5) year period.
3. 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.
violation of this Ordinance.
NOTE: Assistance in preparing a soil and water
conservation plan may be available
through the local Soil and Water Conservation District office.
Page - 19
4. 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. Operations in existence on the effective date of this
ordinance and not in conformance with this provision may be maintained.
5. After the effective date of this Ordinance,
newly established livestock grazing areas shall
not be permitted within one hundred (100) feet, horizontal
distance, of the normal high-
water line of a great pond; 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.
0. Timber Harvesting
1. Within the strip of land extending
'75^ feet inland from the normal high-water line in ashoreland area zoned for resource protection abutting a great pond there shall be no
timber harvesting, except to remove safety hazards.
2. Except in areas as described in Paragraph 1
above, timber harvesting shall conform with
the following provisions:
a. Selective cutting of no more than forty
(40) percent of the total volume of trees
four (4) inches or more in diameter measured at 4 1/2
feet above ground level
on any lot in any ten (10) year period is permitted. In
additi
i.
Within one- hundred (100) feet, horizontal distance of the normal high-water line of a great pond, and within seventy-five (75) feet, horizontal
distance, of the normal high-water line of other water bodies, tributary
streams, or the upland edge of a wetland, there shall be no clear cut
openings and a well- distributed stand of trees and other vegetation,
including existing ground cover, shall be maintained.
ii.
At distances greater than one-hundred (100) feet, horizontal distance,of a great pond, and greater than seventy-five (75) feet, horizontal
distance, of the normal high-water line of other water bodies or the
upland edge of a wetland, harvesting operations shall not create single
clear cut 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
clear cut 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.
Page - 20
b. Timber harvesting operations exceeding the
40% limitation
in paragraph a.,
above, may be allowed
by the planning board upon a clear showing, including
a forest management plan signed by a Maine licensed professional
forester, that
such an exception is necessary for good forest management and will
be carried
out in accordance with the purposes of this Ordinance. The
planning board shall
notify the Commissioner of the Department of Environmental
Protection of each
exception allowed, within fourteen (14) days of the planning
board's decision.
c. 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 01
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.
d. Timber harvesting equipment shall not use stream channels as travel routes except when:
i.
Surface waters are frozen; andii. The activity will not result in any ground disturbance.
e. 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
hard surface which would not be eroded or otherwise damaged.
f. Skid trail approaches to water crossings shall be located and designed so as
toprevent 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.
g. Except for water crossings, skid trails and other sites where the operation o
fmachinery 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.
Page - 21
P. Clearing of Vegetation for Development
1. Within a
shoreland area zoned for Resource Protection abutting a great pond, there shallbe 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 of vegetation shall be limited
to that which is necessary for uses expressly authorized in that
district.
2. Except in areas as described in Paragraph 1, above, and except to allow
for thedevelopment 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, and seventy-
five (75) feet, horizontal distance, from any other water body, tributary stream, or the
upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
a. There shall be no cleared opening
greater than 250 square feet in the forest
canopy as measured from the outer limits of the tree crown.
However, a
footpath not to exceed ten (10) feet in width as measured
between tree trunks
is permitted provided that a cleared line of sight to the
water through the buffer
strip is not created. Adjacent to a great pond, or stream or
river flowing to a
great pond classif
feet.
b.
Selective cutting of trees within the buffer strip is permitted provided that a welldistributed stand of trees and other vegetation is maintained. For the purposes
of this section a "well-distributed stand of trees and other vegetation" adjacent
to a great pond or a river or stream flowing to a great pond classified GPA,
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 in. 1
>4 - 12 in. 2
>12 in. 4
Adjacent to other water bodies, tributary
streams, and wetlands, a "well-
distributed stand of trees and other vegetation" is def
minimum rating score of 8 per 25- foot square area.
Page - 22
Note: As an example, adjacent to a great pond,
if a 25-foot x 25- foot plotcontains 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)
Thus, the 25-foot by 25-foot plot contains
trees worth 21 points. Trees
totaling 9 points (21 - 12
that no cleared openings are created.
Notwithstanding the above provisions, no more than
40% of the total volume of
trees four (4) inches or more in diameter, measured at 4 1/2 feet
above ground
level may be removed in any ten (10) year period.
c.
In order to protect water quality and wildlife habitat, adjacent to great ponds,and streams which flow to great ponds classified GPA, existing vegetation under
three (3) feet in height and other ground cover shall not be removed, except to
provide for a footpath or other permitted uses as described in paragraphs 2 and
2a. above.
d.
Pruning of tree branches, on the bottom 1/3 of the tree is permitted.e.
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared
openings, these openings shall be replanted with native tree species unless
existing new tree growth is present.
The provisions contained in paragraph 2 above shall
not apply to those portions
of public recreational facilities adjacent to public swimming areas.
Cleared
areas, however, shall be limited to the minimum area necessary.
At distances greater than one hundred (100) feet,
horizontal distance, from a great pond
or a river flowing to a great pond classif
distance, from the normal high-water line of any other water body, tributary stream, 01
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 no
more than forty (40) percent of the volume of trees four (4) inches or more in diameter,
measured 4 1/2 feet above ground level. Tree removal in conjunction with the
development of permitted uses shall be included in the forty (40) percent calculation. For
the purposes of these standards volume may be considered to be equivalent to basal area.
In no event shall cleared openings for development,
including but not limited to
principal and accessory structures, driveways and sewage disposal areas,
exceed in the
aggregate, 25 % of the lot area or ten thousand (10,000) square feet,
whichever is greater
including land previously developed. This provision shall not apply to the
General
Development District.
Page - 23
4. Cleared openings legally in existence on the effect
ive date of this Ordinance may bemaintained, but shall not be enlarged, except as permitted by this Ordinance.
5. Fields which have reverted to primarily shrubs,
trees, or other woody vegetation shall be
regulated under the provisions of this section.
Q.
Erosion and Sedimentation Control1. All activities which involve filling,
grading, excavation or other similar activities which
result in
soil erosion and sedimentation control plan. The plan shall be submitted to the
permitting authority for approval and shall include, where applicable, provisions for:
a. Mulching and
revegetation of disturbed soil.b.
Temporary runoff control features such as hay bales, silt fencing or diversionditches.
c.
Permanent stabilization structures such as retaining walls or riprap.2. 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 ma
be required shall be avoided wherever possible, and natural contours shall be followed
as closely as possible.
3. 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.
4. 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 riprap,
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:
a. 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.
b. Anchoring the mulch with netting, peg and twine or other
suitable method may
be required to maintain the mulch cover.
c. Additional measures shall be taken where necessary in order to avoid
into the water. Such measures may include the use of staked hay bales and/or
silt fences.
5. 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.
Page - 24
R. 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
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.
S.
Water QualityNo activity shall deposit on or into the ground or discharge to the waters of the State any
pollutanithat, by itself or in combination with other activities or substances will impair designated uses or
the water classification of the water body.
T.
Archaeological SitesAny 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.
Section 16.
AdministrationA. Administering Bodies and Agents
1. Code Enforcement Officer
A Code Enforcement Off
icer shall be appointed or reappointed annually by July 1st.2. Board of Appeals
A Board of Appeals shall be created in accordance with the provisions of Title
30-ASection 2691.
Page - 25
3. Plann
ing BoardA Planning Board shall be created in accordance with the
provisions of State law.
After the effective date of this Ordinance no
person shall, without first obtaining a permit, engage
in any activity or use of land or structure requiring a per
or use would occur; or expand, change, or replace an existing use or structure; or renew a
discontinued nonconforming use.
A permit is not required for the replacement of an
existing road culvert so long as the replacement
culvert is:
1. Not more than one standard culvert size wider in diameter than the culvert bein
replaced;
2. Not more than 25% longer than the culvert being replaced; and
3. Not longer than 75 feet.
AND
Provided that adequate erosion control measures
are taken to prevent sedimentation of the
water, and that the crossing does not block fish passage in the
water course.
C.
Permit Application1. Every applicant for a permit shall submit a
written application, including a scaled site
plan, on a form provided by the municipality, to the appropriate
official as indicated in
Section 14.
2. All applications shall be signed by the
owner or owners of the property or other person
authorizing the work, certifying that the information in the
application is complete and
correct. If the person signing the application is not the owner or
lessee of the property
then that person shall submit a letter of authorization from the
owner or lessee.
3. All applications shall be dated, and the Code
Enforcement Officer or Planning Board, as
appropriate, shall note upon each application the date and time of
its receipt.
4. If the property is not served by a public
sewer, a valid plumbing permit or a completed
application for a plumbing permit, including the site evaluation
approved by the Plumbing
Inspector, shall be submitted whenever the nature of the proposed
structure would require
the installation of a subsurface sewage disposal system.
Page - 26
Procedure for Adm
inistering PermitsWithin 35 days of the date of receiving a written
application, the Planning Board or Code
Enforcement Off
application is a complete application, or, if the application is incomplete, that specified additional
material is needed to make the application complete. The Planning Board or the Code
Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit
applications in writing within 35 days of receiving a completed application. However, if the
Planning Board has a waiting list of applications, a decision on the application shall occur within
35 days after the first available date on the Planning Board's agenda following receipt of the
completed application, or within 35 days of the public hearing, if one is held. Permits shall be
approved if the proposed use or structure is found to be in conformance with the purposes and
provisions of this Ordinance.
The applicant shall have the burden of proving that the
proposed land use activity is in conformity
with the purposes and provisions of this Ordinance.
After the submission of a complete application to the
Planning Board, the Board shall approve an
application or approve it with conditions if it makes a positive finding
based on the information
presented that the proposed use:
1. Will maintain safe and healthful conditions;
2. Will not result in water pollution, erosion, or sedimentation to surface waters;
3. Will adequately provide for the disposal of all
4. Will not have an adverse impact on spawning
grounds, fish, aquatic life, bird
or other wildlife habitat;
5. Will conserve shore cover and visual, as well as actual, points of access
toinland waters;
6. Will protect archaeological and historic
resources as designated in the
comprehensive plan;
7. Will avoid problems associated with flood plain development and use; and
8. Is in conformance with the provisions of Section 15, Land Use Standards.
If a permit is either denied or approved with
conditions, the reasons as well as conditions shall be
stated in writing. No approval shall be granted for an application
involving a structure if the
structure would be located in an
or regulation or any State law which the municipality is responsible for enforcing.
Expiration of Permit
Following the issuance of a permit, if no substantial
start is made in construction or in the use of
the property within one year of the date of the permit, the permit shall
lapse and become void.
Page - 27
F.
Installation of Public Utility ServiceNo public utility, water district, sanitary district or any utility company of any kind may instal
lservices to any new structure located in the shoreland zone unless written authorization attesting
to the validity and currency of all local permits required under this or any previous Ordinance, has
been issued by the appropriate municipal officials. Following installation of service, the company
or district shall forward the written authorization to the municipal officials, indicating that
installation has been completed.
G.
Appeals1. Powers and Duties of the Board of Appeals
The Board of Appeals shall have the following powers:
a. Administrative Appeals: To 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 this
Ordinance.
b.
Variance Appeals: To authorize variances upon appeal, within thelimitations set forth in this Ordinance.
2. Variance Appeals
Variances may be permitted only under the following conditions:
a. Variances may be granted only from
dimensional requirements including but not
limited to, lot width, structure height, percent of lot
coverage, and setback
requirements.
b. Variances shall not be granted for establishment of any uses
otherwise prohibited
by this Ordinance.
c.
The Board shall not grant a variance unless it finds that:(1) The proposed structure or use would
meet the provisions of Section
15 except for the specific provision which has created the
non-
conformity and from which relief is sought; and
(2) The strict application of the terms of
this Ordinance would result in
undue hardship.
The term "undue hardship" shall mean:
(i)
That the land in question cannot yield a
reasonable
return unless a variance is granted;
Page - 28
(ii)
That the need tor a variance is due to the uniquecircumstances of the property and not to the general
conditions in the neighbor hood;
(iii)
That the granting of a variance will not alter theessential character of the locality ; and
(iv)
That the hardship is not the result of action taken bythe applicant or a prior owner.
d.
The Board of Appeals may grant a variance to a property owner for the purposeof making that property accessible to a person with a disability who is living on
the property. The Board shall restrict any variance granted under this
subsection solely to the installation of equipment or the construction of structures
necessary for access to or egress from the property by the person with the
disability. The Board may impose conditions on the variance, including limiting
the variance to the duration of the disability or to the time that the person with
the disability lives on the property. The term "structures necessary for the
access to or egress from the property" shall include railing, wall or roof systems
necessary for the safety or effectiveness of the structure.
e.
The Board of Appeals shall limit any variances granted as strictly as possible inorder to insure conformance with the purposes and provisions of this Ordinance
to the greatest extent possible, and in doing so may impose such conditions to
a variance as it deems necessary. The party receiving the variance shall comply
with any conditions imposed.
Appeal Procedure
a. Making an Appeal
(1) An administrative or variance appeal
may be taken to the Board of
Appeals by an aggrieved party from any decision of the Code
Enforcement Officer or the Planning Board. Such appeal shall be
taken within thirty (30) days of the date of the decision appealed
from,
and not otherwise, except that the Board, upon a showing of good
cause, may waive the thirty (30) day requirement
.
(2) Such appeal shall be made by filing with the Board of Appeals a
written notice of appeal which includes:
(i)
A concise written statement indicating what relief isrequested and why it should be granted.
(ii)
A sketch drawn to scale showing lot lines, location ofexisting buildings and structures and other physical features of
the lot pertinent to the relief sought.
Page - 29
(3) Upon being notified of an appeal, the Code Enforcement Off
icer orPlanning Board, as appropriate , shall transmit to the Board of
Appeals all of the papers constituting the record of the decision
appealed from.
(4) The Board of Appeals shall hold a public
hearing on the appeal within
thirty-five (35) days of its receipt of an appeal request.
b.
Decision by Board of Appeals(1) A majority of the board shall
constitute a quorum for the purpose of
deciding an appeal. A member who abstains shall not be counted
in
determining whether a quorum exists.
(2) The concurring vote of a majority of the members of the Board o
Appeals present and voting shall be necessary to reverse an order,
requirement , decision, or determination of the Code Enforcement
Officer or Planning Board, or to decide in favor of the applicant on
any matter on which it is required to decide under this Ordinance, or
to affect any variation in the application of this Ordinance from its
stated terms. The board may reverse the decision, or failure to act, ol
the Code Enforcement Officer or Planning Board only upon a finding
that the decision, or failure to act, was clearly contrary to specific
provisions of this Ordinance.
(3) The person filing the appeal shall have the burden of proof.
(4) The Board shall decide all appeals
within thirty five (35) days after the
close of the hearing, and shall issue a written decision on
all appeals.
(5) All decisions shall become a part of
the record and shall include a
statement of f
therefor, and the appropriate order, relief or denial thereof.
t.
Appeal to Superior CourtAny aggrieved party who participated as a party
during the proceedings before the Board
of Appeals may take an appeal to Superior Court in accordance with
State laws withi
forty-five (45) days from the date of any decision of the Board of Appeals.
5.
ReconsiderationThe Board of Appeals may reconsider any decision within thirty (30) days of its prio
rdecision. The Board may conduct additional hearings and receive additional evidence and
testimony.
Page - 30
H.
Enforcement1. Nuisances
Any violation of this Ordinance shall be deemed to be a nuisance.
2. Code Enforcement Officer
a. It shall be the duty of the Code
Enforcement Officer
to enforce the provisions
of this Ordinance. If the Code Enforcement Officer
shall find that any provision
of this Ordinance is being violated, he or she shall notify in
writing the person
responsible for such violation, indicating the nature of the
violation and ordering
the action necessary to correct it, including discontinuance
of illegal use of land,
buildings or structures, or work being done, removal of
illegal buildings or
structures, and abatement of nuisance conditions. A copy of
such notices shall
be submitted to the municipal officers and be maintained as a
permanent record.
b.
The Code Enforcement Officer shall conduct on-site inspections to insurecompliance with all applicable laws and conditions attached to permit approvals.
The Code Enforcement Officer shall also investigate all complaints of alleged
violations of this Ordinance.
c.
The Code Enforcement Officer shall keep a complete record of all essentialtransactions of the office, including applications submitted, permits granted 01
denied, variances granted or denied, revocation actions, revocation of permits,
appeals, court actions, violations investigated, violations found, and fees
collected. On a biennial basis, a summary of this record shall be submitted to
the Director of the Bureau of Land Quality Control within the Department of
Environmental Protection.
3. Legal Actions
When the above action does not result in the
correction or abatement of the violation or
nuisance condition, the Municipal Officers, upon notice from the
Code Enforcement
Officer, are hereby directed to institute any and all actions and
proceedings, either legal
or equitable, including seeking injunctions of violations and the
imposition of fines, that
may be appropriate or necessary to enforce the provisions of this
Ordinance in the name
of the municipality. The municipal officers, or their authorized
agent, are hereby
authorized to enter into administrative consent agreements for the
purpose of eliminating
violations of this
Ordinance and recovering fines without Court action. Such
agreements
shall not allow an illegal structure or use to continue unless
there is clear and convincing
evidence that the illegal structure or use was constructed or
conducted as a direct result
of erroneous advice given by an authorized municipal official and
there is no evidence
that the owner acted in bad faith, or unless the removal of the
structure or use will result
in a threat or hazard to public health and safety or will result
in substantial environmental
damage.
Page - 31
4. F
inesAny person, includi
ng but not limited to a landowner, a landowner's agent or acontractor, who orders or conducts any activity in violation of this Ordinance shall be
penalized in accordance with Title 30-A, Maine Revised Statutes Annotated, Subsection
4452.
NOTE: Current penalties include fines of not less than $100 nor more than $2500 pe
rviolation/or each day that the violation continues.
Section 17. Definitions
Accessory structure or use - a use or structure
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 o1
the principal structure or a garage attached to the principal structure by
a roof or a common wall is considered part
of the principal structure.
Agriculture - the production, keeping or maintenance for sale or lease, of plants and/or animals, including but
notlimited 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.
Aggrieved party - an owner of land whose property is directly or indirectly affected by the granting or denial
ofa 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.
Aquaculture
- the growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.Boat Launching Facility - a facil
ity designed primarily for the launching and landing of watercraft, and which mayinclude an access ramp, docking area, and parking spaces for vehicles and trailers.
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.
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,
exclusive of rental of residential buildings and/or dwelling units.
Dimensional requirements - numerical standards
relating to spatial relationships including but not limited to
setback, lot area, shore frontage and height.
Disability - any disability, infirmity,
malformation, disfigurement, congenital defect or mental condition caused
by
bodily injury, accident, disease, birth defect, environmental conditions
or illness; and also includes the physical or
mental condition of a person which constitutes a substantial handicap as
determined by a physician or, in the case
of a mental handicap, by a psychiatrist or psychologist, as well as any
other health or sensory impairment which
requires special educational, vocational rehabilitation or related
services.
Page - 32
Dr
iveway - a vehicular access-way less than five hundred (500) feet in length serving two lots or less.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.
Essential services - gas, electrical or communication facilities; steam, fuel, electric power or water transmissio
nor 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; 01
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.
Floor area - the sum of the horizontal areas of the
floor(s) of a structure enclosed by exterior walls, plus thehorizontal 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.
Forested Wetland - a freshwater wetland dominated by woody vegetation that is six (6) meters tall or taller.
Foundation - the supporting substructure of a building
or other structure including but not limited to basements,
slabs, sills, posts or frost walls.
Freshwater wetland - freshwater swamps, marshes, bogs and similar areas other than forested wetlands which are:
1. Of ten 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
2. Inundated or saturated by surface or ground water at a frequency and for a duration suff
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.
Although wetlands are shown on the off
icial shoreland zoning map, their exact boundaries shall be determined byon-site inspection and measurement from the upland edge of the wetland.
Page - 33
Funct
ionally water-dependent uses - those uses that require, for their primary purpose, location on submergedlands or that require direct access to, or location in, coastal and 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, finfish and shellfish 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 to marine or tidal waters.
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 completel
surrounded by land held by a single owner.
Great pond classi
fied GPA - any great pond classified GPA, pursuant to Title 38 Article 4-A Section 465-A. Thisclassification includes some, but not all impoundments of rivers that are defined as great ponds.
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.
Home occupation - an occupation or profession which is customarily conducted on or in a residential structure o
rproperty and which is 1) clearly incidental to and compatible with the residential use of the property and surrounding
residential uses; and 2) which employs no more than two (2) persons other than family members residing in the
home.
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.
Lot area - The area of land enclosed within the boundary lines of a lot, minus land below the normal high-wate
rline of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.
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.
Minimum lot width - the closest distance between the side lot lines of a lot.
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.
Page - 34
Mineral extraction
- any operation
within
any twelve
(12) month period
whitch
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.
Multi-unit residential - a residential structure containing three (3) or more residential dwelling units.
Non-conforming lot - a single lot of record which, at
the effective date of adoption or amendment of this
Ordinance, does not meet the area, frontage, or width requirements of the
district in which it is located.
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. In the case of wetlands adjacent to
rivers and great ponds, the normal high-water
line is the upland edge of the wetland, and not the edge of the open
water.
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 or more in any period
of twelve (12) consecutive months.
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.
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.
Recent Hood plain soils - the following soil series as described and identified by the National Cooperative Soil
Survey:
Alluvial Cornish
Charles
Fryeburg
Hadley
Limerick
Lovewell
Medomak
Ondawa
Podunk
Rumney
Saco
Suncook
Sunday
Winooski
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.
Page - 35
Recreat
ional vehicle - a vehicle or an attachment to a vehicle designed to be towed, and designed for temporarysleeping 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.
Replacement system - a 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
discharge.
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. The term shall
include mobile homes, but
recreational vehicles.
Riprap - 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 (1) unit vertical or less.
River - a free-flowing body of water including its associated flood plain wetlands from that point at which
itprovides drainage for a watershed of twenty five (25) square miles to its mouth.
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.
Service drop - any utility line extension which does
not cross or run beneath any portion of a water body provided
that:
1. in the case of electric service
a. 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
b.
the total length of the extension is less than one thousand (1,000) feet.2. in the case of telephone service
a. the extension, regardless of length, will be made by the
installation of telephone wires
to existing utility poles, or
b. the extension requiring the insta
less than one thousand (1,000) feet in length.
Setback - the nearest horizontal distance from the
normal high-water line 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 normalhigh-water line of any great pond, river, or saltwater body; within 250 feet of the upland edge of a coastal or
freshwater wetland; or within seventy- five (75) feet of the normal high-water line of a stream.
Page - 36
Sign
ificant River Segments - See Title 38 MRSA Sec. 437.Stream - a free-flowing body of water from the
outlet of a great pond or the confluence of two (2) perennial
strea
map, or if not available, a 15-minute series topographic map, or otherwise as delineated on the Official Shoreline
Zoning Map for the Town of Jay, which is made part of this Ordinance, to the point where the body of water
becomes a river or flows to another water body or wetland in the shoreland area.
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.
Substantial start - completion of thirty (30) percent of a permitted structure or use measured as a percentage
olestimated total cost.
Subsurface sewage disposal system - a collection of treatment
tank(s), disposal area(s), holding tank(s) andpond(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 wastewater on or beneath
the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 MRSA
Section 414, any surface wastewater disposal system licensed under 38 MRSA Section 413 Subsection 1-A, or any
public sewer. The term shall not include a wastewater disposal system designed to treat wastewater which is in
whole or in part hazardous waste as defined in 38 MRSA Chapter 13, subchapter 1.
Sustained slope - a change in elevation where the
referenced percent grade is substantially maintained or exceeded
throughout the measured area.
Timber harvesting - the cutting and removal of trees from their growing site, and the attendant operation of cuttin
gand skidding machinery but not the construction or creation of roads. Timber harvesting does not include the
clearing of land for approved construction.
Tributary stream - a channel between defined banks created by the action of surface water, whether
intermittentor perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by
the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock,
and which flows to a water body or wetland as defined. 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
shoreland zone of the receiving water body or wetland.
Upland edge - the boundary between upland and wetland.
Vegetation - all live trees, shrubs, ground cover, and other plants including without limitation, trees both ove
iand under 4 inches in diameter, measured at 4 1/2 above ground level.
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.
Water body - any great pond, river, stream or tidal area.
Page - 37
Water Crossing - any project extending
from one bank to the opposite bank of a river or stream, whether under,through, or over the water course. 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.
Wetland - a freshwater wetland.
Wetlands associated with great ponds and rivers
• wetlands contiguous with or adjacent to a great pond or river,and which during normal high water, are connected by surface water to the great pond or river. Also included are
wetlands which are separated from the great pond or river by a berm, causeway, or similar feature less than 100
feet in width, and which have a surface elevation at or below the normal high water line of the great pond or river.
Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.
Page - 38