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Sebago Maine Town Seal
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Shoreland Ordinance Section 15
Land Use Standards
All land use activities within the shoreland zone shall conform to the following provision, if applicable.
        
   A.  Minimum Lot Standards:                                Area (sq. ft.)    Shoreland Frontage (ft.)
1.      a.      Residential per Dwelling Unit   40,000                  200
b.      Public and private Recreational 40,000                  200     
                        Facilities.

                c.         Governmental, Institutional,                 60,000                  300
                        Commercial or Industrial per
                       Principal structure.   

        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, principal, governmental, institutional,  
    commercial or industrial structure or use, or combination thereof, is constructed or  
    established on a single parcel, all dimensional requirements shall be met for each
    additional dwelling unit, principal structure, or use.
            
    B.  Principal and Accessory Structures

        1. All new principal and accessory structures shall be set back at least one hundred
    (100) feet, horizontal distance, from the normal high-water line of great ponds    
    classified GPA and rivers that flow to great ponds classified GPA, and seventy-five  
    (75), horizontal distance, feet from the normal high-water line of other water bodies,
   tributary streams, or the upland edge of a wetland.  In the Resource Protection District  
    the setback requirement shall be two hundred and fifty (250) feet, horizontal distance,  
    except for structures, roads, parking spaces or other regulated objects specifically  
    allowed in that district in which case the setback requirements specified above shall  
    apply.
   
        In addition:
a. The water body, tributary stream, or wetland setback provisions shall    
    neither apply to structures which require direct access to the water body or
    wetland as an operational necessity, such as piers, docks and retaining
    walls, nor to other functionally water-dependent uses.

b. On a non-conforming lot of record on which only a residential structure
    exists, and it is not possible to place an accessory structure meeting the
    required water body, tributary stream or wetland setbacks, the Code
    Enforcement Officer may issue a permit to place a single accessory
    structure, with no utilities, for the storage of yard tools and similar
    equipment.  Such accessory structure shall not exceed eighty (80) square  
    feet in area nor eight (8) feet in height, and shall be located as far from the    
    shoreline or tributary stream as practical and shall meet all other applicable  
    standards, including lot coverage and vegetation clearing limitations.  In no
    case shall the structure be located closer to the shoreline or tributary stream
    than the principal structure.

        2. Principal or accessory structures and expansions of existing structures which are
permitted in the Resource Protection, Limited Residential, 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 lowest floor elevation or openings of all buildings and structures, including
            basements, shall be elevated at least one (1) foot above the elevation of the one  
                hundred (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.  In those municipalities that
                participate in the National Flood Insurance Program and have adopted the April 2005
    version, or later version, of the Floodplain Management Ordinance, accessory  
    structures may be placed in accordance with the standards of that ordinance and need  
    not meet the elevation requirements of this paragraph.

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

5. Retaining walls that are not necessary for erosion control shall meet the structure  
    setback requirement, except for low retaining walls and associated fill provided all of   
    the following conditions are met:  
        
            a.  The site has been previously altered and an effective vegetated buffer does not
                     exist;

               b.  The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-
                     water line of a water body, tributary stream, or upland edge of a wetland;

c.  The site where the retaining wall will be constructed is legally existing lawn or  
      is a site eroding from lack of naturally occurring vegetation, and which cannot  
      be stabilized with vegetation plantings;

d.  The total height of the wall(s), in the aggregate, is (are) no more than twenty-four  
     (24) inches;
        
            e.  Retaining walls are located outside of the one hundred (100) year flood-plain on
                     rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal  
                     Emergency Management structures, roads, parking spaces or other regulated objects
                     specifically allowed in that district in which case the setback requirements specified
                     above shall apply.

             f.  The area behind the wall is revegetated with grass, shrubs, trees, or a combination  
                      thereof, and no further structural development will occur within the setback area,
                      including patios and decks; and

             g.  A vegetated buffer area is established within 25 feet, horizontal distance, of the
                      normal high-water line of a water body, tributary stream, or upland edge of a
                      wetland when a natural buffer area does not exist.  The buffer area must meet the
                      following characteristics:

  • The buffer must include shrubs and other woody and herbaceous vegetation.  Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch;
  • Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;  
  • Only native species may be used to establish the buffer area;
  • A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;
  • A footpath not to exceed the standards in Section 15(P)(2)(a), may traverse the buffer;
NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal
             distance, of a water body, tributary stream or coastal wetland, a permit
             pursuant to the Natural Resource Protection Act is required from the
             Department of Environmental Protection.

6. 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, 38 M.R.S.A. section 480-C); and that the applicant demonstrates that
                no reasonable access alternative exists on the property.
             
C.  Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or
      Below the Normal High-Water Line of a Water Body or Within a Wetland

  • Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
  • The location shall not interfere with existing developed or natural beach areas.
  • The facility shall be located so as to minimize adverse effects on fisheries.
  • The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area.  A temporary pier, dock or wharf shall not be wider than six feet for non-commercial uses.
  • 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 body or wetland as an operational necessity.
  • New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
  • 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.
  • 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.
D.  Campgrounds

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

1.  Campgrounds shall contain a minimum of five thousand (5,000) square feet of
     land, not including roads and driveways, for each site.  Land supporting wetland
     vegetation, and land below the normal high-water line of a water body shall not be
     included in calculating land area per site.

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



E.  Individual-Private Campsites  

      Individual-private campsites not associated with campgrounds are allowed provided
      the following conditions are met:

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

  • Campsite placement of any lot, including the area intended for a recreational
vehicle or tent platform, shall be set back one hundred (100) feet, horizontal
      distance, from the normal high-water line of a great pond classified GPA or
      river flowing to a great pond classified GPA, and seventy-five (75) feet,
      horizontal distance, from the normal high-water line of other water bodies,  
      tributary streams, or the upland edge of a wetland.

  • Only one recreational vehicle shall be allowed on a campsite.  The recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.
  • 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.
  • A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector.  Where disposal is off-site, written authorization from the receiving facility or land owner is required.
  • When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.
F.  Commercial and Industrial Uses

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

1.   Auto washing facilities

  • Auto or other vehicle service and/or repair operation, including body shops.
  • Chemical and bacteriological laboratories
  • Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms.
  • Commercial painting, wood preserving, and furniture stripping
  • Dry cleaning establishments
  • Electronic circuit assembly
  • Laundromats, unless connected to a sanitary sewer
  • Metal plating, finishing, or polishing
  • 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

  • Photographic processing
  • Printing
G.  Parking Areas

1. Parking areas shall meet the shoreline and tributary stream setback   
requirements for structures for the district in which such areas are located.  The setback requirement for parking areas serving public boat launching facilities shall be no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

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

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

  • 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.

  • Internal travel aisles: Approximately twenty (20) feet wide.
H.  Roads and Driveways

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

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

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

     Section 15 (H)(1) does not apply to approaches to water crossings or to roads
    or driveways that provide access to permitted structures and facilities located
     nearer to the shoreline or tributary stream due to an operational necessity,
     excluding temporary docks for recreational uses.  Roads and driveways
     providing access to permitted structures within the setback area shall comply
     fully with the requirements of Section 15(H)(1) except for that portion of the  
     road or driveway necessary for direct access to the structure.

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

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

4.   Road and driveway banks shall be no steeper than a slope of two (2)  
horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 15(Q).

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

6.   In order to prevent road and driveway surface drainage from directly
      entering water bodies, tributary streams or wetlands, roads and driveways
      shall be designed, constructed, and maintained to empty onto an unscarified
     buffer strip at least fifty (50) feet plus two times the average slope, in width  
      between the outflow point of the ditch or culvert and the normal high
      waterline of a water body, tributary stream, or upland edge of a wetland.
      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.

7.   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 gains sufficient volume or head to erode the road, driveway, 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, or driveway at intervals no greater
     than indicated in the following table:

                   Grade                        Spacing
                  (percent)                       (feet)

  • 250
  • 200-135
6-10                                     100-80
  • 80-60
  • 60-45
21+                                          40

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

c.   On sections having slopes greater than ten (10) percent, ditch relief
culverts shall be placed at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road or driveway.
                        
d.   Ditch relief culverts shall be sufficiently sized and properly installed in  
order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

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

I.  Signs

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

  • Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six (6) square feet in area and shall not exceed two (2) signs per premises.  Signs relating to goods or services not sold or rendered on the premises shall be prohibited.
  • Name signs are allowed, provided such signs shall not exceed two (2) signs per premises, and shall not exceed twelve (12) square feet in the aggregate.
  • 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.
  • Signs relating to trespassing and hunting shall be allowed without restriction as to number provided that no such sign shall exceed two (2) square feet in area.
  • Signs relating to public safety shall be allowed without restriction.
  • No sign shall extend higher than twenty (20) feet above the ground.
  • Signs may be illuminated only by shielded, non-flashing lights.
J.  Storm Water Runoff

  • All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment 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 to encourage infiltration of storm waters.
  • Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.
        
K.  Septic Waste Disposal

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

  • Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than seventy-five (75) feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland, and
  • A holding tank is not allowed for a first-time residential use in the   
shoreland zone.
        
L.  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, other than road-side distribution lines, is  
      not allowed 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 allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

  • Damaged or destroyed public utility transmission and distribution lines,  towers and related equipment may be replaced or reconstructed without a permit.
M.  Mineral Exploration and Extraction

      Mineral exploration to determine the nature of extent of mineral resources shall be  
accomplished by hand sampling, test boring, or other methods which create minimal  
disturbance of less than one hundred (100) square feet of ground surface.  A permit
from the Code Enforcement Officer shall be required for mineral exploration which
exceeds the above limitation.  All excavations, including test pits and holes shall be
immediately capped, filled or secured by other equally effective measures, 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 Section 15 (M)(4) below.

2.      No part of any extraction operation, including drainage and runoff control features shall be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within seventy-five (75) feet, horizontal distance, of the normal high-water line of any other water body, tributary stream, or the      upland edge of a wetland.  Extraction operations shall not be permitted within fifty (50) feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

  •     Developers of new gravel pits along Significant River Segments shall
     demonstrate that no reasonable mining site outside the shoreland zone   
     exists.  When gravel pits must be located within the zone, they shall be set  
     back as far as practicable from the normal high-water line and no less than  
     seventy-five (75) feet and screened from the river by existing vegetation.

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

a.  All debris, stumps, and similar material shall be removed for disposal
     in an approved location, or shall be buried on-site.  Only materials
     generated on-site may be buried or covered on-site.
                        
NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A., section
1301 and the solid waste management rules, Chapters 400-419 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 and one-half to one (2 ½:1)
                                         slope or flatter.

                        c.  Top soil or loam shall be retained to cover all disturbed land areas,
                which shall be reseeded and stabilized with vegetation native to the
                 area.  Additional topsoil or loam shall be obtained from off-site
                 sources if necessary to complete the stabilization project.
                        
  •      In keeping with the purposes of this Ordinance, the Planning Board may   
 impose such conditions as are necessary to minimize the adverse impacts  
 associated with mineral extraction operations on surrounding uses and   
 resources.

N.  Agriculture

1.   All spreading of manure shall be accomplished in conformance with the
Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law
(7 M.R.S.A. sections 4201-4209).

2.    Manure shall not be stored or stockpiled within one hundred (100) feet,  
  horizontal distance, of a great pond classified GPA or a river flowing to a   
  great pond classified GPA, or within seventy-five (75) feet horizontal
  distance, of other water bodies, tributary streams, or wetlands.  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.

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

NOTE: Assistance in preparing a Conservation Plan may be available    
             through the local Soil and Water Conservation District office.

                4.   There shall be no new tiling of soil within one-hundred (100) feet, horizontal
                      distance, of the normal high-water line of a great pond classified GPA; within
seventy-five (75) feet, horizontal distance, from other water bodies and coastal wetlands; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands.  Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.

5.   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 classified GPA; within seventy-five (75) feet, horizontal distance,
      of other water bodies and coastal wetlands, nor; within twenty-five (25) feet,
      horizontal distance, of tributary streams and freshwater 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 Conservation Plan.

O.  Timber Harvesting

1.  In a Resource Protection District abutting a great pond, timber harvesting
     shall be limited to the following:  

a.  Within the strip of land extending 75 feet, horizontal distance, inland from
the normal high-water line, timber harvesting may be conducted when the following conditions are met:

        1.  The ground is frozen;

        2.  There is no resultant soil disturbance;

3.  The removal of trees is accomplished using a cable or boom and  
there is no entry of tracked or wheeled vehicles into the seventy-five (75) foot strip of land;

4.  There is no cutting of trees less than six (6) inches in diameter; no more
     than thirty (30%) percent of the trees six (6) inches or more in
     diameter, measured at four and one half (4½) feet above ground level,  
     are cut in any ten (10) year period; and a well-distributed stand of trees
     and other natural vegetation remains; and  

5.  A licensed professional forester has marked the trees to be
     harvested prior to a permit being issued by the municipality.

b.  Beyond the seventy-five (75) foot strip referred to in Section 15(O)(1)(a)  
     above, timber harvesting is permitted in accordance with paragraph 2
     below except that in no case shall the average residual basal area of trees
     over four and one half (4½) inches in diameter at four and one half (4½)
     feet above ground level be reduced to less than thirty (30) square feet per
     acre.      
        
2.  Except in areas as described in Section 15(O)(1)(a) above, timber harvesting
     shall conform with the following provisions:

  • Selective cutting of no more than forty (40%) percent of the total volume of trees four (4) inches or more in diameter measured at four and one half (4½) feet above ground level on any lot in any ten (10) year period is permitted.  In addition:
i.      Within one-hundred (100) feet, horizontal distance, of the normal high-water line of a great pond classified GPA, or a river flowing to a great pond classified GPA, and within seventy-five (75) feet,  horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

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

b.  Timber harvesting operations exceeding the forty (40%) percent   
     limitation in Section 15(O)(2)(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, horizontal           
                                       distance, of the normal high-water line of a water body.  In all other                              areas slash shall either be removed or disposed of in such a manner
                                       that it lies on the ground and no part thereof extends more than four (4)
                                       feet above the ground.  Any debris that falls below the normal high-
                                      water line of a water body or tributary system, shall be removed.

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

i.   Surface waters are frozen; and

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

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

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

         g.  Except for water crossings, skid trails and other sites where the
                                       operation of machinery used in timber harvesting results in the exposure  
                                       of mineral soil shall be located such that an unscarified strip of
                                       vegetation of at least seventy-five (75) feet, horizontal distance, 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, horizontal
                                       distance.  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, horizontal distance, from the normal high-water line of a water
                                       body or upland edge of a wetland.
        
P.  Clearing  or Removal of Vegetation for Activities Other than Timber Harvesting.

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

  • Except in areas as described in Section P(1), above, and except to allow
for the development of permitted uses, within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA, or a river flowing to a great pond classified GPA, 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:

  • There shall be no cleared opening greater than two hundred and fifty (250) square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub  crown.  However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.

  • Selective cutting of trees within the buffer strip is allowed provided
that a well-distributed stand of trees and other natural vegetation is maintained.  For the purposes of Section 15(P)(2)(b) a “well-distributed stand of trees” adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of twenty-four (24) or more in each twenty-five (25) foot by fifty (50) foot rectangular (1250 square feet) area as determined by the following rating system.

Diameter of Tree at Four and One Half (4½) Feet Above Ground Level
        
                Inches                          Points

                2 to < 4 inches                 1 point
                4 to < 8 inches                 2 points
                8 to < 12 inches                4 points
                12 inches or greater            8 points

           Adjacent to other water bodies, tributary streams, and wetlands, a
  “well-distributed stand of trees” is defined as maintaining a   
   minimum rating score of sixteen (16) per twenty-five (25) foot  
   rectangular area.

           NOTE:  As an example, adjacent to a great pond, if a twenty-five (25)  
                       foot x fifty (50) foot plot contains four (4) trees between two (2)  
                       and four (4) inches in diameter, two (2) trees between four (4)
                       and eight (8) inches in diameter, three trees between eight (8)
                       and twelve (12) inches in diameter, and two (2) trees over
                       twelve (12) inches in diameter, the rating score is:
               (4x1) + (2x2) + (3x4) + (2x8) = 36 points

Thus, the twenty-five (25) foot by fifty (50) foot plot contains trees worth thirty-six (36) points.  Trees totaling twelve (12) points, (36-24 = 12) may be removed from the plot provided that no cleared openings are created.

            The following shall govern in applying this point system:
        
i.  The twenty-five (25) foot by fifty (50) foot rectangular plots must
     be established where the landowner or lessee proposes clearing
     within the required buffer;
                                  ii.  Each successive plot must be adjacent to, but not overlap a
                                                previous plot;

      iii.  Any plot not containing the required points may have no
              vegetation removed except as otherwise allowed by this
              Ordinance;

                                         iv.  Any plot containing the required points may have vegetation
                                               removed down to the minimum points required or as otherwise
                                               allowed by this Ordinance.

v.  Where conditions permit, no more than fifty (50%) percent of the
     points on any twenty- five (25) foot by fifty (50) foot rectangular
     area may consist of trees greater than twelve (12) inches in  
     diameter.

For the purposes of Section 15(P)(2)(b) “other natural vegetation” is defined as retaining existing vegetation under three (3) feet in height and other ground cover and retaining at least five (5) saplings less than two (2) inches in diameter at four and one half (4½) feet above ground level for each twenty-five (25) foot by fifty (50) foot rectangle area.  If five (5) saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until five (5) saplings have been recruited into the plot.

Notwithstanding the above provisions, no more than forty (40%) percent
of the total volume of trees four (4) inches or more in diameter,
measured at four and one half (4½) feet above ground level may be
removed in any ten (10) year period.

  • In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and forest duff layer, shall not be cut, covered or removed, except to provide for a footpath or other permitted uses as described in Section 15(P) paragraphs (2) and (2)(a) above.
  • Pruning of tree branches on the bottom one third (1/3) of the tree is allowed.
  • 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 growth is present.
Section 15(P)(2) does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.
                
  • At distances greater than one hundred (100) feet, horizontal distance,
from a great pond classified GPA or a river flowing to a great pond classified GPA, and seventy-five (75) feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40%) percent of the volume of trees four (4) inches or more in diameter, measured four and one half (4½) 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 purpose of these standards, volumes may be considered to be equivalent to basal area.

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

  • Legally existing non-conforming cleared openings may be maintained, but shall not be enlarged except as allowed by this Ordinance.
  • Fields and other cleared openings, which have reverted to primarily shrubs, trees, or other woody vegetation, shall be regulated under the provisions of Section 15(P).
Q.  Erosion and Sedimentation Control

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

  • Mulching and re-vegetation of disturbed soil;
  • Temporary runoff control features such as hay bales, silt fencing or diversion ditches;
  • Permanent stabilization structures such as retaining wall 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 may 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
siltation 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 riprap.

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 on-site investigation and be prepared
     by State-certified professionals.  Certified persons may include Maine Certified Soil
     Scientist, 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 counter act soil limitations where they exist.

S.  Water Quality

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

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