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Limington Zoning Ordinance
Article VIII
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Article VIII - PERFORMANCE STANDARDS, SPECIFIC ACTIVITIES AND LAND USES

8.1   Agricultural Land Conservation and Development Standards.

A. The purpose of this section is to allow landowners a reasonable return on their holdings, in such a way that the majority of existing open field and pasture may remain unbuilt upon for use by future generations. Toward this end, it is recommended that all residential subdivision development proposals encompassing ten (10) or more acres of existing open fields or pasture shall be laid out according to the "cluster" standards in Section 8.6, and in a manner consistent with the Limington subdivision standards. If the parcel which is proposed for development also contains land which is not either open field or pasture, new dwellings should be clustered on such land to the most practical extent, so that the fields and pastures remain as undeveloped as possible.

B. It is recommended that dwelling units should be arranged so that the maximum lot size is one acre or 1/2 of the minimum lot size for the zone, whichever is less but in no instance shall individual lots with subsurface waste water disposal systems be less than 20,000 sq. ft.

C. To the fullest extent practicable, all buildings and roads shall be located away from the soil types which are most suitable for agriculture (based on the crop production table of the county soil survey). This provision does not apply to the location of on-site septic disposal facilities, which must be placed on soil meeting the standards of the Maine State Subsurface Waste water Disposal Rules.

D. Applicants for subdivision review under this subsection shall provide the Planning Board with copies of deed covenants (with prospective purchasers) or conservation easements (with the town) describing land management practices (to be followed by the developer and/or a community association of property owners) which will ensure that the existing fields or pastures will be plowed or mowed at least once every year.

E. Agricultural land owners are not required to sell that part of their property which is to become open space provided that they convey the development rights of that open space to the town in a conservation easement prohibiting future non-agricultural development.

8.2   Animal Husbandry.

When permitted as conditional uses, animal husbandry shall meet the following standards:

A. All pasture, barns, barnyards, and other areas where the livestock, animals, or fowl are kept, housed, fed, or cared for shall be a minimum of one hundred (100) feet from the nearest dwelling other than the applicant's.

B. Uncovered manure shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any water body or well.

C. All feed and grain shall be stored in rodent proof containers.

D. All paddocks, pastures, barnyards or other enclosures must be adequately fenced to contain livestock, animals or fowl.

E. On parcels smaller than three acres, the Planning Board shall limit the number and species of animals permitted. The Board shall consider the size and layout of the lot; the size of adjacent lots; the presence of vegetative screening and buffer strips; and the potential for noise, odor, and vermin problems.

F. On parcels over three acres the number and species shall be limited to that recommended by state and federal husbandry guidelines.

8.3   Automobile Graveyards and Junk yard

Automobile graveyards and junk yard shall meet the following standards:

A. Prior to issuance of the municipal permit, the applicant shall present either a permit from the Maine Department of Environmental Protection (DEP) or a letter from the DEP stating that a permit is not required.

B. Site Considerations:

1. No motor vehicles or material shall be located on a sand and gravel aquifer, or on an aquifer recharge area, as mapped by the Maine Geological Survey, or a licensed geologist.

2. No motor vehicles or material shall be located within the 100 year flood plain, as mapped by the Federal Insurance Administration, the Army Corps of Engineers, or the U.S. Department of Agriculture.

3. A visual buffer capable of completely screening from view all portions of the automobile graveyard or junkyard shall be established and maintained along all property lines.

4. No motor vehicles or material shall be stored within 500 feet of any dwelling or public or private school.

5. No motor vehicles or material shall be stored within 300 feet of any water body.

C. Operational Considerations:

Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid, and engine coolant shall be drained into watertight, covered containers. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.

8.4   Bed & Breakfast.

A. The application for approval shall include a scale drawing of the lot showing the location of: existing buildings, existing and proposed parking, and existing and proposed sewage disposal systems.

B. There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling unit.

C. There shall be one bathroom provided for the rental rooms, in addition to the bathroom for the dwelling unit.

D. Each rental room shall have not less than ten by twelve feet horizontal dimensions.

E. Each rental room shall be equipped with an approved smoke detector.

8.5   Campgrounds and Tenting Grounds.

Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following (in cases of possible conflict, the stricter rule shall apply):

A. General

1. A campground must be constructed on at least 10 acres of land, and all camping units or structures shall be located at least 100 feet from any property line and 200 feet from any residence (except residences belonging to the campground owners).

2. Campsites shall be laid out and screened in such a manner that none are within view from public roads, navigable rivers, existing residences or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms, or solid fencing may be used to achieve this screening standard, when campsites would otherwise be visible from the locations described above.

3. No trailers other than recreational vehicles or utility trailers as defined herein, shall be permitted within any campground, temporarily or otherwise. No camping unit shall be stored or exhibited for sale for commercial purposes within the park.

4. Tent sites and sites for recreational vehicles (RV's) shall be laid out so that the density of each developed acre of land does not exceed the standards below (in terms of sites per acre of land, excluding circulation roads):
Non-Shoreland   Shoreland Zones
Tent sites14 per acre8 per acre
RV sites11 per acre7 per acre

5. The minimum frontage of a campsite along any shoreline shall be 100 feet. Minimum setback from the normal high water elevation shall be 100 feet for all recreational vehicles, tents, or other vehicles and temporary or permanent structures.

6. No campsite shall be located within a Resource Protection District or within the 100 year flood plain.

B. Parking and Circulation

1. A minimum of three hundred square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent, or shelter site. Recreational vehicles shall be parked in spaces so that:

a. there shall be a minimum of 50 feet between vehicles; and

b. there shall be a minimum of 75 feet between all recreational vehicles and tents, and all public rights-of-way located inside the boundaries of the campground.

2. Vehicular access shall be provided onto a hard-surfaced road adequate for the volume and type of traffic likely to be generated. Grades and sight distances specified in the town's subdivision standards shall be observed in designing all intersections. Roads shall be constructed of at least 12" of bank-run gravel (no stone larger than 4"), 2" of crushed gravel (1/2" chips) and two applications of liquid asphalt (1/2 gallon per sq. yd. each application). The minimum width of roadways shall be twelve feet for one way roads and 22' for two-way roads. No vehicle parking shall be permitted on the roadway.

C. Health and Safety

1. Each recreational vehicle, tent, or shelter site shall be provided with a picnic table and trash receptacle. The park management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once every three days.

2. A campground shall provide water and sewerage systems, sanitary stations, and convenience facilities in accordance with the regulations of the State Waste water Disposal Rules. In no case shall less than one toilet and lavatory be provided for each sex for every ten camping and tent sites. All recreational vehicle sites shall be equipped with water and sewage hook-ups, connected to approved distribution or disposal systems.

3. Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. 24 hour emergency communication service (e.g. telephones) shall be provided.

4. Each campsite shall be provided with a masonry or metal fireplace, approved in writing by the Fire Chief.

D. Planning and Review

1. Roads, parking, campsites and required facilities shall be planned in accordance with the basic principles outlined below, and shall be shown on the proposed plan which is submitted for review and approval as a Conditional Use:

a. A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry, playing fields or shoreline.

b. Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility, and preserve open space.

c. Footpaths and roads should follow "desire lines" of pedestrian and vehicular movement between campsites and all jointly used facilities. Parking areas may be grassed, reinforced with open concrete blocks.

d. Access roads shall be laid out as loops to the greatest extent that is practicable, although "cul-de-sacs" or "dead-ends" may be allowed to serve up to twenty campsites.

2. A soil erosion and sedimentation control approved by the County Soil and Water Conservation District shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:

a. The major types of vegetation should be identified and described (as to age, height, openness or density, and pattern, either natural or reforested).

b. New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions, and to blend compatibly with existing natural vegetation.

c. All vegetative clearing should avoid creating straight-line edges between open land and surviving stands.

d. Areas of activity and/or traffic should be sited to avoid wildlife areas (such as thickets for birds and small mammals, or deer yards and trails).

8.6   Cluster Developments.

A. Purpose. The purpose of these provisions is to allow for new concepts of housing development where variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding other provisions of this ordinance relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments located in the town, may modify said provisions related to dimensional requirements to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

B. Application Procedure. The Planning Board may allow subdivided development on reduced lot sizes in return for open space where the Board determines that the benefits of the cluster approach will prevent the loss of natural features without increasing the net density of the development. The developer shall submit a written application to the Board for a cluster development. Two sketch plans shall be submitted with one layout as a standard subdivision and the second as a cluster development indicating open space and significant natural features. Each lot in the standard subdivision shall meet the minimum lot size and lot width requirements of this ordinance, and if not serviced by public sewer have an area suitable for subsurface waste water disposal according to the Maine Subsurface Waste water Disposal Rules. The number of lots in the cluster development shall in no case exceed the number of lots in the standard subdivision.

Estimated costs of infrastructure development (roads, utilities, etc.) shall accompany the plan. The written statement shall describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to moderate-to-high value wildlife and waterfowl habitats, moderate-to-high yield aquifers and important natural or historic sites identified by the Comprehensive Plan as worthy of preservation. The statement shall also compare the impacts upon the town from each plan. Example of impacts are municipal cost for roads, school bussing, solid waste removal, utility efficiencies, recreational opportunities, protection of flood water storage areas, environmental impacts on sensitive lands caused by construction activities, underground utilities, reclamation of land and provision of land for conservation use.

Within fourteen days of receiving the application, the Board shall invite comments on the application from the Conservation Commission and other appropriate municipal or quasi-municipal agencies and the abutters. Within thirty days of receiving the application, the Board may determine whether to allow the subdivision to be developed in accordance with the cluster standards of this section based upon findings that:

1. The site contains natural features of the type described in subsection (b) above which are worthy of preservation; and

2. Those natural features could not adequately be preserved in a standard subdivision layout; or

3. A clustered development will permit more efficient creation and utilization of infrastructure and provision of municipal and quasi-municipal services than would a standard subdivision layout.

C. Basic Requirements for Cluster Developments.

1. Cluster developments shall meet all requirements for a subdivision, the street acceptance ordinance, and all other applicable town ordinances, including the Performance Standards of Article VII of this ordinance.

2. Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this ordinance.

3. The net residential acreage shall be calculated by taking the total area of the lot and subtracting, in order, the following:

a. 15% of the area of the lot to account for roads and parking, except that if an applicant demonstrates that a conventional subdivision of the lot would result in a higher net residential density than a cluster subdivision using the 15% reduction prescribed herein, the applicant may subtract a figure equal to the actual area of the lot required for roads and parking in a conventional subdivision instead of the prescribed 15%.

b. Portions of the lot which, because of existing land uses or lack of access, are isolated and unavailable for building purposes or for use in common with the remainder of the lot, as determined by the Planning Board.

c. Portions of the lot shown to be in a floodway or a coastal high hazard zone as designated in the Flood Boundary and Floodway Map prepared by the Federal Insurance Administration.

d. Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage or subsoil conditions such as, but not limited to:

i. slopes greater than 20%.

ii. organic soils.

iii. wetland soils.

iv. 50% of the poorly drained soils unless the applicant can demonstrate specific engineering techniques to overcome the limitations to the satisfaction of the Planning Board.

e. Portions of the lot subject to rights of way.

f. Portions of the lot covered by surface waters.

g. Portions of the lot utilized for storm water management facilities.

4. In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential acreage shall be divided by the minimum lot size required in the District. A high-intensity soil survey shall be submitted. No building shall be constructed on soil classified as being very poorly drained.

5. Unless a community sewage collection and treatment system is provided, no lot shall be smaller in area than 20,000 square feet.

6. The total area of common land within the development shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the District.

7. Every building lot that is reduced in area below the amount normally required should be within 1000 feet of the common land.

8. The distance between buildings shall not be less than 15 feet.

9. No individual lot or dwelling unit shall have direct vehicular access onto a public road existing at the time of development.

10. Shore frontage shall not be reduced below the minimum normally required in the zone.

11. Where a cluster development abuts a water body, a usable portion of the shoreline, as well as reasonable access to it, shall be a part of the common land.

12. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, solar energy, and natural drainage areas, in accordance with an overall plan for site development.

13. The applicant shall demonstrate the availability of water adequate for domestic purposes as well as for fire safety. The Planning Board may require the construction of storage ponds and dry hydrants. The location of all wells shall be shown on the plan.

14. The location of subsurface waste water disposal systems and an equivalent reserve area for replacement systems shall be shown on the plan. The reserve areas shall be restricted so as not to be built upon. The report of a licensed Site Evaluator shall accompany the plan. If the subsurface disposal system is an engineered system, approval from the Department of Human Services, Division of Health Engineering shall be obtained prior to Planning Board approval.

15. Utilities shall be installed underground wherever possible. Transformer boxes, pumping stations, and meters shall be located so as not to be unsightly or hazardous to the public.

C. Dedication and Maintenance of Common Open Space and Facilities.

1. Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of this land, which shall be used only for non-commercial recreation, agriculture or conservation. However, easements for public utilities, or structures accessory to non-commercial recreation, agriculture or conservation, may be permitted.

2. The common open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:

a. the common open space shall not be used for future building lots; and

b. a part or all of the common open space may be dedicated for acceptance by the town.

3. If any or all of the common open space is to be reserved for use by the residents, the by-laws of the proposed homeowner's association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval.

4. Covenants for mandatory membership in the association, setting forth the owners' rights and interest and privileges in the association and the common land, shall be reviewed by the Planning Board and included in the deed for each lot.

5. This homeowner's association shall have the responsibility of maintaining the common open space(s), and other common facilities until accepted by the town.

6. The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common and recreational facilities and town assessments.

7. The developer shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon request of the homeowner's association or the developer.

8.7   Recreational Facility.

All recreation facilities shall meet the provisions below:

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

B. Containers and facilities for rubbish collection and removal shall be provided.

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

D. The proposed use shall not create a traffic hazard. The Police Department shall review the location and site plans and provide its comments to the Planning Board prior to or at the public hearing.

8.8   Extractive Industry.

A. Permit Required. Topsoil, rock, sand, gravel and similar earth materials may be removed from locations where permitted under the terms of this ordinance only after a Conditional Use Permit for such operations has been issued by the Planning Board. The following earth-moving activity shall be allowed without a Conditional Use Permit from the Planning Board.

1. The removal, or transfer of less than thirty (30) cubic yards of material from or onto any lot in any twelve month period.

2. The removal, or transfer of material incidental to construction, alteration or repair of a building for which a permit has been issued or in the grading and landscaping incidental thereto; and

3. The removal, or transfer of material incidental to construction, alteration or repair of a public or private way or essential service.

All other earth-moving, processing and storage shall require a Conditional Use Permit from the Planning Board.

B. Submission Requirements.

1. Applications to the Planning Board for a Conditional Use Permit, for the excavation, screening or storage of soil (including topsoil), peat, loam, sand, gravel, rock, or other mineral deposits shall be accompanied by a plan prepared according to the performance standards herein, in compliance with applicable State Laws, and accompanied by all required State Permits or Licenses. Existing operations which have not yet received a Planning Board permit pursuant to the Gravel Pit Ordinance of Limington, now superseded by this ordinance, have 60 days from the effective date of this ordinance to apply to the Planning Board for a permit. The submission requirements and the approval standards shall be the same as for new operations, provided however, the Planning Board way grant a waiver from such standards where necessary to avoid undue hardship, so long as any such waiver does not jeopardize the health, safety, and welfare of the community as otherwise provided in this ordinance.

2. The applicant shall submit plans of the proposed extraction site showing the property lines and names of abutting owners and ways, indicating not greater that five (5) foot contour intervals, relating to U.S. Geodetic Survey data; the location and slope of the grades, existing and as proposed upon completion of the extraction operation; and detailing proposed fencing, buffer strips, signs, lighting, parking and loading areas, entrances and exits; together with a written statement of the proposed method, regularity, working hours and total proposed rehabilitation and restoration of the site upon completion of the operation.

3. The Board may require the additional submission of a hydrogeologic study to determine the effects of the proposed activity on groundwater movement and quality within the general area.

2. Plans for the proposed extraction site shall include

a. A standard boundary survey of the property lines

b. Names and addresses of owners of abutting property

c. Existing elevations, at not greater than five foot contour intervals as well as the location and slope of the grades proposed upon completion of the extraction operation

d. Proposed fencing, buffer strips, signs, lighting.

e. Parking and loading areas, entrances and exits.

f. A written statement of the proposed method, regularity, working hours.

g. Proposed plans and specifications for the rehabilitation and restoration of the site upon completion of the operation.

h. An estimate of the elevation of the seasonal high water table within the excavation site shall be submitted. The Board may require the additional submission of a hydrogeologic study to determine the effects of the proposed activity on groundwater movement and quality within the general area.

C. Performance Standards.

1. No part of any extraction operation shall be permitted within 150 feet of any property or street line, except that drainage ways to reduce run-off into or from the extraction area may be allowed up to 100 feet of such line. Natural vegetation shall be left and maintained on the undisturbed land.

2. If any standing water accumulates, the site shall be fenced in a manner adequate to keep children out. Measures shall be taken to prevent or halt the breeding of insects.

3. No slopes steeper than 3 feet horizontal to 1 foot vertical shall be permitted at any extraction site unless a fence at least 6 feet is erected to limit access to such locations.

4. Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance with a company licensed to do business in the State of Maine, in an amount not less than $1,000,000 against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation.

5. Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion, according to the erosion prevention performance standards of this section.

6. Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer.

7. The sides and bottom of cuts, fills, channels, and artificial water courses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

8. Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Maine Department of Marine Resources, the Department of Environmental Protection, and/or the Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.

9. The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operational compatibility with nearby residences.

10. Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Road Commissioner. No mud, soil, sand, or other materials shall be allowed to accumulate on a public road from loading or hauling vehicles.

11. All access/egress roads leading to or from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 300 feet from such public ways.

12. No equipment debris, junk or other material shall be permitted on an extraction site. Any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations.

13. The applicant's plans shall specify a close out and rehabilitation plan. Rehabilitation should begin as soon as possible in accordance with the time limits established in the close out/rehabilitation plan. A yearly report shall be filed with the Code Enforcement Office indicating the progress of the rehabilitation until the pit is closed and the rehabilitation, including all planting, has been completed.

If any substantial change is desired by the owner or operator to the close out/rehabilitation plan, the plan shall be resubmitted to the Planning Board for review and action, because only the Planning Board is authorized to approve any substantial alteration to a conditional use permit. Substantial shall be defined in this context to included a change in the timetable of more than six months as set forth in the plan.

Within six months of the completion of extraction operations at any extraction site or any one or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board.

a. All debris, stumps, boulders, and similar materials shall be removed or disposed of in an approved location or, in the case of inorganic materials, buried and covered with a minimum of two feet of soil.

b. The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

c. Storm drainage and water courses shall leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point is not significantly increased.

d. At least four inches of topsoil or loam shall be retained or obtained to cover all disturbed areas, which shall be reseeded and property restored to a stable condition adequate to meet the provisions of the "Environmental Quality Handbook, Erosion and Sediment Control", as amended or revised, published by the Maine Soil and Water Conservation Commission.

e. No slope greater than 3 feet horizontal to 1 foot vertical shall be permitted.

14. Prior to beginning excavation on the site the applicant shall file with the town a bond payable to the Town with sureties satisfactory to the Planning Board, or some other form of security including, but not limited to, an escrow account, a security deposit, a passbook or letter of credit. In determining the amount of the bond or the security, the Board shall take into consideration the characteristics of the site, the excavation plan, and the rehabilitation plan which may call for a phased plan for closing out each section of the pit as it is exhausted. In no instance shall the amount be less than 125% of the estimated cost of rehabilitation. All proceeds of forfeited bonds or other security shall be expended by the Town for reclamation of the area for which the security was posted, and any remainder shall be returned to the operator or owner.

If the operator has partially reclaimed the land, the Board shall issue to the operator a release of such securities as the Town has held on deposit to cover the part of the reclamation, so long as the remaining amount of security held by the Town is deemed sufficient to cover the cost of the remainder of the reclamation.

Within sixty days after the date of completion of reclamation provided in the mining plan, the operator shall file with the Planning Board a final report containing such information as shall be determined by the Board. Upon the filing of the final report, and upon determination that this article has been complied with, the Board shall release the securities, if any, still in the Town's possession.

If the owner of a site does not begin to rehabilitate the site within 6 months of when the reclamation plan schedules rehabilitation, or discontinues use of the site as defined herein without rehabilitating the site, the Town may enter the site, perform the work required to meet the rehabilitation plan, and place a lien on the property to collect any expenses it incurs for which it does not have performance guarantees.

E. Existing Operations.

1. Discontinuation of any existing Non-Conforming operation for a period of more than one year shall result in the loss of "grandfathered" status for that operation. Discontinuation is defined as being the excavation, processing or storage of less than ten (10) cubic yards of material.

8.9   Ground Water and or Spring Water Extraction and/or Storage.

A. Permit Required. The removal of more than 1000 gallons per day of ground water or spring water as part of a residential, commercial, industrial, or land excavation operation, where allowed under this ordinance shall require a Conditional Use Permit. The Planning Board shall grant approval if it finds that the proposal, with any reasonable conditions, will conform with the requirements of this section.

B. Submission Requirements. The application together with site plan shall include the following information:

1. Statement of the quantity of ground water to be extracted, expressed as the annual total, the maximum monthly rate by month, and the maximum daily rate;

2. A letter from the Maine Department of Human Services approving the facility as proposed where the Department has jurisdiction over the proposal;

3. Where appropriate, letters from the Department of Environmental Protection when the Site Location Law is applicable or a discharge permit is required.

4. Applicants shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist or registered professional engineer, except for spring water extraction facilities which meet the following conditions: the spring enhancement shall not increase the combined spring's catchment capacity by removing more than four (4) cubic yards of earth and not increase this spring's depth by more than four (4) feet, where the discharge drain is no lower than the existing spring water level, where gravity alone (without the aid of a siphon) is used to withdraw the spring water to other facilities on site, and where other improvements do not threaten ground water levels. This report shall include the following information:

a. A map of the aquifer tributary to the spring(s), well(s) or excavation(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one in ten years, as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

b. The results of the investigation shall establish the aquifer characteristics, the rates of draw-down and rebound, the sustainable yearly, monthly (by month) and daily extraction rates, the cone of depression which may develop about the proposed facility, and other impacts on the water table in the tributary aquifer and such other private or public wells within 1,000 feet of the proposed extraction facilities shall be assessed.

C. Performance Standards.

1. The quantity of water to be taken from ground water sources will not substantially lower the ground water table beyond the property lines, cause salt water intrusion, cause undesirable changes in ground water flow patterns, or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in ten years.

2. The proposed facility shall not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.

3. Safe and healthful conditions shall be maintained at all times within and about the proposed use.

4. The proposed use shall not cause sedimentation or erosion.

5. The proposed facility is not within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.

6. The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Code Enforcement Officer or a designee.

7. Nothing in this procedure, and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

D. Existing Operations.

1. Any operation involving the extraction of ground water or spring water in lawful operation at the time this Section becomes effective, and which meet the criteria for requiring a Conditional Use Permit, may operate for a period of five years from the effective date without Planning Board approval. Existing operations, however, must submit to the Planning Board within ninety (90) days of the effective date of this Section, a map indicating the property from which ground water is being extracted, showing the location of the extraction in relation to neighboring wells, surface water bodies, and property lines. Failure to submit the above map within ninety days shall result in the loss of "grandfathered" status for that operation.

Within fifteen (15) days of the effective date of this Section, the Code Enforcement Officer shall notify, by certified mail, return receipt requested, the owners of all property which, to the best of his knowledge, contain existing operations, informing them of the requirements of this section.

2. Discontinuation of any existing operation for a period of more than one year shall result in the loss of "grandfathered" status for that operation.

8.10   Home Occupations.

A home occupation shall be permitted if it complies with all of the requirements of this section:

A. The use of a dwelling unit for a home occupation shall clearly be incidental and subordinate to its use for residential purposes.

B. The Planning Board may regulate the number of employees of a home occupation.

C. A home occupation may not alter the residential character of the structure, neighborhood or change the character of the lot from its principal use as a residence,

D. The home occupation shall be carried on wholly within the principal or accessory structures. The outside storage or display of materials or products shall be screened from view from the abutting properties and street.

E. The Performance Standards in Article VII of this ordinance shall apply. If additional parking spaces are provided, they shall be located to the rear or side yard of the principal structure but not within the required yard setbacks.

F. One non-illuminated sign, no larger than two square feet may be erected on the premises.

G. The sale of products shall be limited to those which are crafted, assembled, or substantially altered on the premises, to catalog items ordered off the premises by customers and to items which are accessory and incidental to a service which is provided on the premises.

H. A home occupation shall not involve the use of heavy commercial vehicles for delivery from or to the premises.

I. A home occupation shall not create greater traffic than normal for the area in which it is located or generate more than 20 vehicle trips/day.

8.11   Hotels/Motels and Inns.

For traffic safety on and immediately adjoining each motel, hotel or inn and to assure health, safety and welfare of occupants and of the neighborhood generally, the following land, space, building, traffic, utility, and service design requirements shall be complied with. For the purposes of this section, the terms hotel, motel and inn are used interchangeably.

A. The minimum lot size for any hotel shall contain not less than three acres of total area. The minimum frontage shall be ten times the posted speed limit of the most traveled way serving the development but not less than two hundred feet lot width at the street and throughout the first two hundred feet of depth of said lot back from the street. Access driveways into the development shall be at an angle no less than 30 degrees and no more than 45 degrees to facilitate movement of traffic off the public way and onto the property. Driveways shall be separated by a minimum of 100 feet. The curb radius of the intersection of the driveway to public way shall be no less than 30 feet. Access and egress drives shall not exceed a slope of 2% for the first seventy five (75) feet onto the property.

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

C. Buildings on a motel lot shall not cover more than fifteen percent of the area of the lot.

D. If cooking or eating facilities are provided in hotel rental units, each rental unit shall be considered a dwelling unit and the hotel shall be required to meet all the standards for multifamily developments in this ordinance including the residential density requirements of the appropriate district.

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

F. On each hotel lot, one apartment may be provided for a resident owner, manager, or other responsible staff person.

G. Hotel building construction plans shall be reviewed and approved by the State Fire Marshall's Office.

H. Parking stalls shall be designed to accommodate the traveling public by a minimum stall width of eleven (11) feet and stall depth of twenty-three (23) feet for perpendicular stalls. Angled parking stall width and depths shall be increased by 10% and 25% above the standards contained in this ordinance.

I. All hotels shall be connected to the public sewer and water systems.

8.12   Kennels and Veterinary Hospitals.

A. Structures or pens for housing or containing the animals shall be located not less than one hundred (100) feet from the nearest residence other than the owners' existing at the time of permit.

B. All pens, runs, or kennels, and other facilities shall be designed, constructed, and located on the site in a manner that will minimize the adverse effects upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties, and other similar factors.

C. The owner or operator of a kennel shall maintain the premises in a clean, orderly, and sanitary condition at all times. No garbage, offal, feces, or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that they will not provide a breeding place for insects, vermin or rodents.

D. Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement shall be kept tightly covered at all times, and emptied no less frequently than once every four days. Such containers shall be made of steel or plastic to facilitate cleaning, and shall be located in accordance with the setbacks required for outdoor runs.

E. If outdoor dog "runs" are created, they shall be completely fenced in, and shall be paved with cement, asphalt or a similar material to provide for cleanliness and ease of maintenance.

F. Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 400 feet from nearest residence other than the applicants, and shall have a chimney vent not less than 35 feet above the average ground elevation. The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator, and that it meets state standards for particulate emissions, flue gas temperature, and duration of required flue temperatures.

G. All other relevant performance standards in Article VII of this ordinance shall also be observed.

8.13  Manufactured Housing.

A. The Town of Limington finds that in order to ensure that manufactured housing located in the Town is reasonably safe for human habitation that all manufactured housing units to be moved into the town after the effective date of this Ordinance shall meet either the National Manufactured Housing Construction and Safety Standards Act of 1974, United states Code, Title 42, Chapter 70, or the standards set forth in Appendix A "Suggested Safety Standards for Older Mobile Homes."

B. Manufactured housing units shall be placed on a permanent foundation, have exterior walls of traditional site-built appearance, and a pitched, shingled roof.

C. Mobile Home Parks.

1. Mobile home parks shall meet all the requirements for a residential subdivision, and shall conform to all applicable State laws and local ordinances.

2. The minimum area of land within a park shall be ten acres.

3. Lots in a mobile home park shall meet all the dimensional and area requirements for single family dwellings for the District in which the park is situated, or be laid out in accordance with the cluster development provisions of this article. If laid in accordance with the provisions of the Cluster Development section, the following shall apply

a. Size of individual mobile home lots.

i. Each individual mobile home lot which is served by an on-lot subsurface waste water disposal system shall be not less than 20,000 square feet in area, and shall be not less than 100 feet wide.

ii. Each individual mobile home lot which is served by an off-site waste water disposal system shall be not less than 5,000 square feet in area, and shall be not less than 75 feet wide.

iii. Each individual mobile home lot located wholly or partly within a shoreland district shall meet the minimum lot size requirements of the shoreland district.

b. No mobile home shall be located less than 25 feet from any lines of an individual lot.

4. A continuous landscaped area not less than fifty feet in width, containing evergreen shrubs, trees, fences, walls or any combination which forms an effective visual barrier shall be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park.

5. All mobile homes shall be equipped with adequate skirting to enclose the underside of the mobile home.

6. No permanent additions other than factory-built units of similar construction to the original unit shall be permitted.

8.14   Multifamily Developments.

A. Multifamily developments may be approved by the Planning Board in accordance with the Land Use Table of this ordinance. All proposals to construct multifamily developments shall be in conformance with the General Performance Standards of Article VII and the design requirements listed below.

B. Applications for approval shall include: a map of the area; dimensions, boundaries and principal elevations of the land for which approval is sought; the names of all property owners within 100 feet of the proposed site, as found on the most recent tax list; building layout and general construction plans; a site plan of all driveways and parking areas proposed to be constructed; and other information which addresses all appropriate performance standards and design requirements and all appropriate factors to be considered in evaluating proposals.

C. Design Requirements.

1. Density.

a. The net residential acreage shall be calculated by taking the total area of the lot and subtracting, in order, the following:

1. 15% of the area of the lot to account for roads and parking.

2. Portions of the lot which, because of existing land uses or lack of access, are isolated and unavailable for building purposes or for use in common with the remainder of the lot, as determined by the Planning Board.

3. Portions of the lot shown to be in a floodway or a coastal high hazard zone as designated in the Flood Boundary and Floodway Map prepared by the Federal Insurance Administration.

4. Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage or subsoil conditions such as, but not limited to:

a. slopes greater than 20%.

b. organic soils.

c. wetland soils.

d. 50% of the poorly drained soils unless the applicant can demonstrate specific engineering techniques to overcome the limitations to the satisfaction of the Planning Board.

5. Portions of the lot subject to rights of way.

6. Portions of the lot covered by surface waters.

7. Portions of the lot utilized for storm water management facilities.

b. In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential acreage shall be divided by the minimum lot size required in the District. A high-intensity soil survey map, certified by a Registered Soil Scientist licensed in the State of Maine, shall be submitted. No building shall be constructed on soil classified as being very poorly drained.

2. Water Supply.

a. When a multifamily development is proposed within the service area of public water supply system all dwellings shall be connected to the system, at no expense to the town. The applicant shall demonstrate by a signed letter from an authorized representative of the water district that an adequate water supply can be provided to the development at an adequate pressure for fire fighting purposes. Fire hydrants shall be located so that they are not more than 500 feet from any building, as hose is laid on the street.

b. When a multifamily development is proposed outside of the service area of public water supply system, the applicant shall demonstrate the availability of adequate supply and quality of water for both domestic and fire fighting purposes. The Planning Board may require the construction of fire ponds and dry hydrants.

3. Sewage Disposal. All residential buildings shall be connected to a properly engineered and approved system.

4. It shall be the responsibility of the owner to provide for rubbish disposal, snow removal, and site maintenance. All outdoor storage areas for waste collection shall be enclosed by a wooden or masonry screen at least six feet in height.

5. A fifty foot landscaped buffer shall be provided along all property boundaries.

6. Storm water and surface drainage systems shall be designed in accordance with the town subdivision standards.

7. Access, Circulation, and Parking.

a. The proposed development shall provide for safe access to and from public or private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight-distances, intersections, schools, and other traffic-generators. All corner lots shall be kept clear from visual obstructions higher than three feet above ground level, for a distance of twenty-five feet, measured along the intersecting street lines.

b. The proposed development shall not have an unreasonable adverse impact on the public road system, and shall assure safe interior circulation within its site, by separating pedestrian and vehicular traffic and by providing adequate parking and turn-around areas.

c. All developments containing fifteen or more dwelling units may be required by the Planning Board to have more than one street access (for emergency and safety purposes). No more than two accesses shall be allowed on any single street or roadway.

8. Recreation and Open Space. All multifamily developments of 25 dwelling units or more shall provide a developed play area no smaller than 5,000 square feet. Any development in which occupancy is restricted to the elderly need not provide a play area, but space shall be provided for outdoor recreation.

8.15   Professional Offices in Residential Districts.

In a residential district, professional offices may be permitted as a conditional use in those districts indicated on the Land Use Table and in accordance with the provisions below:

A. New professional offices shall be located only within existing buildings, in order to retain the essential character of the neighborhood, except as allowed in Section E below.

B. Parking for professional offices shall be located to the side or rear of the building, and shall be screened from view from all streets and abutting residential properties.

C. All outdoor lighting shall be directed in such a manner as to avoid "overspill" onto abutting residential properties, or glare into the street.

D. Exterior alterations shall be minimized and shall be similar to the original architectural style of the building.

E. In special situations where a building is extremely dilapidated and structurally unsound and where reuse is therefore not practicable or economically feasible, or where a building is not judged to be a significant component of the neighborhood's overall architectural and historic character, the Planning Board may approve plans to replace an existing residential building with a proposed new professional office building whose scale and design would be appropriate to the site and to the neighborhood. The Board shall seek the recommendation of a recognized architectural authority before granting permission to demolish.

8.16   Renting Rooms and Apartments.

A. As an accessory use in a single family dwelling in the Village Zone, the renting of rooms or a single apartment in a dwelling existing prior to 1920 shall be permitted provided the following conditions are all satisfied.

1. There shall be no new external construction to increase the size of the structure to accommodate the accessory use.

2. The water and sewage facilities meet all existing laws and codes.

3. The building is owner-maintained to the historical character of the area.

4. One non-illuminated sign, no larger than two square feet in area may be erected on the premises, only during times when a vacancy exists.

5. Any apartment created under this section need not meet the requirements for multi-family housing contained elsewhere in this ordinance.

8.17   Restaurants.

A. The application for a permit shall state the maximum seating capacity of the restaurant. Any expansion or enlargement over the stated capacity shall require a new permit.

B. Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners. When subsurface waste water disposal is proposed, completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface disposal systems shall meet the Maine State Subsurface Waste water Disposal rules.

C. All parking and loading facilities shall be located to the side or rear of the building, and shall be screened from abutting residences within 200 feet. Screening shall be comprised of a continuous landscaped area not less than eight feet in width, containing evergreen shrubs, trees, fences, walls, berms, or any combination, forming a visual barrier not less than six feet in height.

D. Restroom facilities for the patrons shall be provided on the premises.

8.18   Public and Private Schools, Colleges, Churches, Fraternal Organizations, and Not-for-Profit Clubs

Public and private schools, colleges, churches, fraternal organizations, and not-for-profit clubs shall meet the provisions below.

A. A green strip, suitably landscaped, at least 20 feet wide shall be provided along all property lines, except where driveways enter and exit.

B. No building shall be closer than fifty feet from a property line.

C. When adjacent to residences within 200 feet, parking areas and outdoor activity areas shall be effectively screened from view by a continuous vegetative barrier or stockade fence not less than six feet in height.

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