BUILDING AND LAND USE CODE
TOWN OF LAMOINE, MAINE
Adopted the Town Meeting of the Town of Lamoine On April 16,
1999,
amended on May 25, 1999, amended June 27, 2002
Replacing the Building & Land Use Code adopted on
March 26, 1988,
the amendments approved on September 8, 1988, May 8,
1993 and November 5, 1996
and replacing the Subdivision Ordinance adopted on
March 26, 1988
GUIDE
TO THE USER
What
Does This Ordinance Cover? Every person planning a
building project of any kind or a project that changes the existing use of
buildings or land must follow the instructions in this ordinance. See Section 1. Scope on page 4.
Who
Is Responsible for Following the Ordinance? The landowner is responsible. If he or she employs others, both the
landowner and her/his designee are responsible for following the requirements.
How
Is the Ordinance Organized?
I. Sections 1 - 9 provide the basic requirements for
all building and land use in Lamoine.
They cover such important information as what kinds of structures and
land uses are permitted, from whom the permit must be obtained (Table H&I,
pages 8&9), lot standards, construction standards, and fees.
II. Sections 10 – 14 spell out specific requirements
for each of the major types of development permitted in Lamoine: Single and
Two- Family Dwellings/Accessory Units; Multi-Family Dwellings; Subdivisions;
Cluster Housing; and Commercial and Industrial Uses. Multi-family dwellings and cluster housing require site plan
review. Commercial and Industrial uses
require site plan review if the proposed development or structure exceeds 2,000
square feet or impacts over 10,000 square feet of land over a 5-year period.
(See Lamoine Site Plan Review Ordinance for requirements.) If an applicant proposes building or
land use that is not encompassed by one of these sections, the general
requirements in Sections 1 - 9 apply.
III. Definitions: Section 15 defines terms used in
all sections of this ordinance.
Where
Can the Applicant Obtain Assistance? The Code
Enforcement Officer and the Administrative Assistant to the Board of Selectmen
for the Town of Lamoine are available to answer questions about the application
process. Call 667-2242.
Applications. All applicants must use the “Building & Land Use Permit
Application” Form. Other information is required for subdivisions, cluster
housing, and commercial/industrial permits.
The Code Enforcement Officer and the Planning Board may require further
information as well. Applications may
be obtained at the Town Office, 606 Douglas Highway, Lamoine, ME 04605.
Building and
Land Use Code
Town of
Lamoine, Maine
Table of
Contents
Part I. General Requirements for All Building and
Land Use
SECTION 3. GENERAL REQUIREMENTS
A. Conformance with Other Laws and
Regulations
B. Impact on Community Services
C. Maintenance of Prescribed Building Lot Sizes and Set Backs
D. Land Not Suitable for Development
SECTION 4. LAND USE DISTRICT
REQUIREMENTS
A. Establishment of Land Use
Districts
C. Uncertainty of boundary locations
D. Division of lots by district
boundaries
I.
Lot
Standards and Structure Setback Table.
SECTION 5. OTHER LOT REQUIREMENTS
B. Locating street rights-of-way:
C.
Entrances
to Roads & Streets:
F.
Adequacy of Soils for Sewage Disposal:
G. Non-Conforming Lots of Record:
SECTION 6. CONSTRUCTION STANDARDS
A. Minimum Construction Standards:
SECTION 7. APPLICATIONS, REVIEW CRITERIA AND ADMINISTRATION
SECTION 8. APPEALS AND VARIANCES
PART II: APPLICATION PROCEDURES AND STANDARDS FOR SPECIFIC USES
SECTION 10. SINGLE FAMILY DWELLINGS, TWO-FAMILY
DWELLINGS, AND ACCESSORY DWELLING UNITS
B. Recreational Vehicles Used As Dwelling Units
SECTION 11. MULTI-FAMILY DWELLINGS
D.
Administration
and Application Procedures
F. Minimum Standards for Street Design and Construction
G.
Setbacks,
Side and Rear Yard Widths, and Buffers.
H.
Lot Size
and Density Standards
K.
Open
Space and Geographic or Historic Features Standards
SECTION 13. CLUSTER DEVELOPMENT STANDARDS
SECTION 14. COMMERCIAL AND
INDUSTRIAL USES
D.
Commercial
Structures Administration and Application Procedures.
E.
Industrial Structures Administration and
Application Procedures.
PART III DEFINITIONS COVERING
ALL SECTIONS
Building and Land Use Code
Town of Lamoine, Maine
The provisions of this code
shall apply to the location of structures, including streets and driveways, on
the land and to new construction, reconstruction, conversion to a different
use, substantial additions, relocations, and replacement of any building or
significant segment thereof, including all trailers, recreational vehicles,
and/or manufactured homes when connected to any utility and/or used as a
residence for a period of more than 30 days.
This code does not require that a permit be obtained for the
construction or placement of a dog house, children's playhouse, tool shed, or
similar small building having not more than 100 square feet providing such
structures meet all other requirements of this code.
The building and land use
code for the Town of Lamoine (hereinafter referred to as the Town) provides for
the safety, health, and public welfare of the Town through the regulation of
construction, expansion, conversion to a different use, relocation, or
replacement of buildings, trailers, recreational vehicles and/or manufactured
homes or significant segments thereof.
The building code applies to residential, commercial and industrial
structures and their location on the lot.
All applications for
building permits shall be subject to the requirements of this code. The Building Inspector and any municipal
board described in this code shall consider the following general requirements
in reviewing applications for a building permit. In all instances, the burden of proof in assuring compliance with
these requirements shall be upon the applicant and, in reaching a
determination, the Building Inspector or municipal board may require the
applicant to provide, at the applicant's expense, sufficient information to
permit sound judgments regarding the applicant's compliance with these
requirements.
The proposed building shall be in conformance with the Town's
Comprehensive Plan and all pertinent local, state, and federal ordinances,
statutes, laws, and regulations.
1. The proposed structure or
land use shall not have an unduly adverse impact on community services. Any proposed subdivision shall be reviewed
by the Board with respect to its effect upon existing services and
facilities. The Development Plan shall
include a list of the construction items to be completed by the developer prior
to the sale of lots, and an appraisal of construction and maintenance items
that would be borne by the Town. This
appraisal shall include, but not be limited to:
a. Schools, including busing
b. Road maintenance, snow
removal, and traffic control
c. Police and fire protection,
including provision of water sources for fire control
d. Solid Waste Disposal
e. Recreation facilities
f.
Runoff
water disposal drainage ways and/or storm sewer enlargement with sediment traps
g. A water supply system.
2. The Board may further require the applicant to provide accurate
cost estimates to the Town for the above services, and a projection of tax
revenue from the structure or land use.
All new buildings must
conform to the standards contained in this and other applicable town
ordinances.
The Building Inspector or
the Planning Board shall not approve for the purpose of meeting lot size
requirements portions of any proposed parcel or building lot that:
1.
are
situated below mean high water mark;
2.
are
part of a right-of-way or easement, including utility easements, except for
service feeds to two or fewer dwelling units;
3.
are
located on land which must be filled or drained or on land created by diverting
a watercourse. In no instance shall the
Building Inspector approve any part of a lot located on wetlands or great ponds
(natural bodies of water 10 acres or more in size);
4.
employ
septic sewage disposal and do not meet or exceed the lot size guidelines for
soil types (and slopes) as specified in (Appendix F of) "State of Maine
Plumbing Subsurface Wastewater Disposal Rules" as amended.
Wherever situated, in whole
or in part, within 250 feet of the high water mark of any pond, lake, river, or
tidal waters, a building lot, and all building and land uses on it, shall
conform to the Shoreland Zoning Ordinance for the Town of Lamoine, Maine. A Shoreland Zone Permit must be obtained
prior to any activity governed by the Building and Land Use Code on such a lot.
The applicant will
determine, and will provide sufficient evidence to the Board, that the proposed
structure does not violate the Flood Plain Management Ordinance of the Town of
Lamoine, Maine. Where required, a Flood
Plain Permit must be obtained prior to any activities governed by the Building
and Land Use Code.
The applicant will provide
sufficient evidence to the Board that the proposed use does not contaminate
ground water.
To implement the provisions
of this Ordinance and the Comprehensive Plan, the Town of Lamoine is hereby
divided into the following Districts:
1. Residential Zone (RZ)
2. Development Zone (DZ)
3. Rural and Agricultural Zone
(RAZ)
Said Districts are located
and bounded as shown on the Official Land Use Map, entitled "Official Land
Use Map of Lamoine, Maine", dated March 5, 1996, and on file in the
office of the town clerk. The Official
Map shall be signed by the town clerk and the chairman of the planning board at
the time of adoption or amendment of this Ordinance certifying the date of such
adoption or amendment. The Official
Land Use Map is hereby made part of and incorporated into this Ordinance. A reduced copy of the Official Land Use Map
is attached as an Exhibit to this Ordinance.
Where uncertainty exists as
to the boundary lines of Districts as shown on the Official Land Use Map, the
following rules shall apply:
1. Boundaries indicated as
approximately following the center lines of streets or highways, shall be
construed to follow such center lines;
2. Boundaries indicated as
approximately following established lot lines or town boundary lines shall be
construed as following such lines;
3. Boundaries indicated as
being parallel to or extensions of features listed above shall be so
construed. Distances not specifically
indicated on the Official Land Use Map shall be determined by the scale of the
Map; and
4. Where physical or cultural
features existing on the ground are at variance with those shown on the
Official Land Use Map, or in other circumstances where uncertainty exists with
respect to the location of a boundary, the Board of Appeals shall interpret the
District boundaries and be the final local authority as to their location.
1. Where a District boundary
line divides a lot or parcel of record, the regulations applicable to the less
restricted portion of the lot may be extended not more than 50 feet into the more
restricted portion of the lot. Less restrictive district requirements may not
be applied to land areas under the jurisdiction of the Lamoine's Shoreland
Zoning Ordinance. When less restrictive
requirements are extended into a neighboring district, the proposed use shall
be subject to Planning Board Review.
1. Residential Zone: To
preserve an area of relatively low cost housing and encourage new residences of
all kinds (single family dwellings, two-family dwellings, and multi-family
dwellings, and mobile and manufactured homes.) and home occupations convenient
to the job market in Ellsworth. To
prohibit new commercial and new strip development.
2. Development Zone: To
encourage an area of mixed residential commercial and industrial uses.
3. Rural and Agricultural
Zone: To encourage a mixture of residential, agricultural and limited
commercial uses.
1. For each land use district,
uses are designated as either permitted with a land use permit from the Code
Enforcement Officer, or permitted subject to Planning Board approval, and the
issuance of a land use permit by the planning board. All proposed land uses must comply with the standards and
criteria of Sections 6 and 7 of this Ordinance and all other sections pertinent
to the specific proposed use.
2. For any type of land use not
described in Table H, the Planning Board will determine the permissibility of
that type of land use, and , if the use is found permissible, will make a
determination to grant or not to grant a permit for the specific use proposed.
Key to
Table 1 (Section H):
N = Not
Allowed
CEO = Use
permitted with a land use permit from the code enforcement officer subject to
all applicable standards, as found in Section 6.
PB = Use
permitted with a permit from the planning board. Subject to all applicable standards, as found in Section 6.
Dimensional and setback
requirements for lots, dwelling units, and other principal or accessory
structures are provided in Section 5.I. Lot Standards and Structure Setback
Table.
The listing of uses
permitted shall be either as defined in the ordinance or shall have their
ordinarily accepted meaning.
|
Land Use Descriptions |
Residen-tial Zone (RZ) |
Develop-ment Zone (DZ) |
Rural & Ag Zone (RAZ) |
|
1. Campgrounds & Travel Trailer Parks |
N |
PB |
PB |
|
2. Car Washing Establishments |
N |
PB |
PB |
|
3. Church, School, Library, or Public Buildings |
N |
PB |
PB |
|
4. Clinic or Office, Medical, Health, or Psychiatric |
N |
PB |
PB |
|
5. Cluster Housing |
PB |
PB |
PB |
|
6. Commercial - General |
N |
PB |
PB |
|
7. Commercial - Recreation |
N |
PB |
PB |
|
8. Dwelling - Single Family |
CEO |
CEO |
CEO |
|
9. Dwelling - Two Family |
CEO |
CEO |
CEO |
|
10. Dwelling - Multi Family |
PB |
PB |
PB |
|
11. Dwelling - Accessory Units |
CEO |
CEO |
CEO |
|
12. Home Occupations |
PB |
PB |
PB |
|
13. Industries & Business - Assembling & Manufacturing Goods & Products |
N |
PB |
N |
|
14. Industries & Business - Assembling & Manufacturing Products Related to the Secondary Processing of Wood/Marine Products |
N |
PB |
PB |
|
15. Mineral Exploration2 |
PB |
PB |
PB |
|
16. Mobile Home Parks1 |
N |
N |
PB |
|
17. Motels, Hotels |
N |
PB |
PB |
|
18. Nurseries & Garden Centers |
N |
PB |
PB |
|
19. Nursing Homes, Congregate Care |
N |
PB |
PB |
|
20. Other Uses Similar to Those Requiring Planning Board Review |
PB |
PB |
PB |
|
21. Petroleum Storage, and Distillation Facilities |
N |
N |
N |
|
22. Quarries |
N |
PB |
N |
|
23. Restaurants |
N |
PB |
PB |
|
24. Salvage Yards, Junkyards, Scrap Metal Processing |
N |
PB |
N |
|
25. Sand/Gravel Pits, Etc.2 |
N |
PB |
PB |
|
26. Service Stations, Vehicle |
N |
PB |
N |
|
27. Shops, Automobile Repair |
N |
PB |
PB |
|
28. Shops: Machine; Assembly; Packaging; or Manufacturing |
N |
PB |
N |
|
29. Shops: Plumbing; Electrical; Carpentry |
N |
PB |
PB |
|
30. Signs |
PB |
PB |
PB |
|
31. Small Lodging & Tourist Bed & Breakfast (5 Rooms or Less for Rent) |
PB |
PB |
PB |
|
32. Stand, Produce, Fruit & Vegetables |
CEO |
CEO |
CEO |
|
33. Subdivisions |
PB |
PB |
PB |
1. See Mobile Home Park Ordinance. Not permitted over Sand and Gravel Aquifer areas.
2. See separate standards in the Lamoine Gravel Ordinance
NOTE: If the applicant's lot
lies within the Shoreland Zone or the Flood Management Zone, additional permits
to those described above are required.
1. GENERAL
All land use activities
within the Town of Lamoine shall conform with the following provisions if
applicable. Additional specifications
apply to specific uses and are detailed in Sections 10 - 14. Further, the Mobile Home Park Ordinance
details standards and setbacks for mobile home parks. In shoreland areas, as
defined, the Shoreland Zoning Ordinance shall apply. The standards of the Flood Plain Management Ordinance apply to
all flood hazard areas identified in that ordinance.
2. STRUCTURES ON ABUTTING LOTS
Where a proposed structure
would be abutted on both side by existing structures of the same general type,
either on the same lot or adjoining lots, whose front setbacks are less than
the required setback, the setback of the proposed structure may be reduced to
that of the structures with the greatest front setbacks. Structures of the same
general type are those which are accessory to residential, accessory to
commercial, 1-2 family residential, or multi-family.
|
Lot Standards & Structure Setback Table |
Residential Zone (RZ) |
Development Zone (DZ) |
Rural & Agricultural Zone (RAZ) |
|
Minimum Lot Size (square feet) |
|
|
|
|
(per dwelling unit or principal1 structure2 |
40,000 |
40,000 |
40,000 |
|
Minimum Road Frontage (ft) |
|
|
|
|
(per dwelling unit or principal structure |
200 3 |
200 |
200 |
|
Minimum Front Yard Setback from the Centerline of a Roadway (ft) 5 |
75 |
75 |
75 |
|
Minimum Side & Rear Yard Setback from a Lot Line (ft) |
|
|
|
|
Residential |
25 |
25 |
25 |
|
Commercial/Industrial 5 |
N/A |
See Note 5 |
30 |
|
Maximum Lot Coverage |
|
|
|
|
Residential |
25% |
25% |
25% |
|
Commercial/Industrial |
N/A |
30% |
30% |
|
Subdivision (See Section 12-H) |
|
|
|
|
Maximum Building Height (ft) 6 |
35 |
35 |
35 |
1 Lot sizes can be reduced to 22,000 square feet if the lot is connected to a public water and sewer system.
2 Commercial and industrial usage (where allowed) require 40,000 square feet of land for every 5,000 square feet of floor
space or portion thereof in the building.
3 Additional standards apply for cluster housing subdivisions, see section 12-H
4 Clusters mandatory for subdivisions of 16 or more units.
5 For large commercial structures (over 2000 square feet of floor space) and industrial structures (where allowed) the set back will be at least 200 feet from the edge of any street right-of-way, except that retail or service structures need only be set back at least 100 feet from any street right-of-way. The setback from the side and rear adjoining lot lines will be at least 100 feet.
6 Auxiliary features of building and structures, such as chimneys, towers, ventilators, and spires may exceed permitted height of structure, unless a greater setback is required by other provisions of this ordinance.
Standards for the
construction of streets and roads are found in Section 12-(F).
To locate the edge of a street
right-of-way when no survey exists, find the apparent center of the traveled
portion of the road and measure 25 feet to the assumed edge of the
right-of-way.
A Lamoine Entry Permit is
required from the Lamoine CEO or Road Commissioner prior to establishing an
entry to a town-maintained road or street, except in cases where a State Entry
Permit is required for State roads. The
following are the minimum standards for new or replacement driveway entrance
culverts:
1. The culvert must be new, not used, and shall be supplied
and installed by the permittee.
2. Culvert Diameter: minimum of
15" (12" if there is ledge, although with the smaller size, freezing
is a strong concern). Final size is
determined by the amount of runoff in a given location.
3. Length: minimum of 24' with a preference for 30' (30' helps prevent collapsing of the ends). A maximum length of 50' is allowed.
4. Materials: Aluminum Clad Corrugated Metal Pipe is required. For 24” and larger diameters, 14 gauge material is required and below 24", 16 gauge is required. The following materials are prohibited: bituminous coated corrugated metal pipe and plastic corrugated pipe.
5.
Design
Standards: Where the driveway is
pitched upward from the road, the shoulder grade should be maintained as far as
practical. The object is to help
prevent water flowing down the driveway and onto the road where icing is a
problem in winter. Where maintaining
shoulder grade is not practical, some other means of diverting water flow
should be provided.
Each lot shall be provided
with a driveway at least ten (10) feet in width. The edge of all driveways must be set back 15 feet
from side and rear lot lines. Driveway
setbacks may be less than 15 feet with the written agreement of all landowners
abutting the proposed driveway.
Off-street parking shall be
provided with a minimum of 300 square feet per dwelling unit in the case of all
residential structures; in the case of commercial and industrial structures,
600 square feet per each 5,000 square feet of floor space or portion
thereof. This may be accomplished by
driveway space, garage space, parking lot space, or any combination of the
three.
All lots suitable for
building purposes requiring sewage disposal must be served by septic systems
which meet the standards prescribed in the Maine State Plumbing Rules, Part II
(most recent edition).
1. The Plumbing Inspector shall postpone issuance of a septic system
permit for all lots in the Lamoine Shorelands Zone until the Board makes a
positive finding as required by the Shoreland Zoning Ordinance and approves
permit issuance.
2. These requirements shall be waived in the instance where a septic system
in place needs replacement or improvement as prescribed by the Maine Plumbing
Rules, Part II.
Any non-conforming lot of
record existing before March 1976 and not adjoined by other land of the same
ownership may be used if it is in accordance with all other provisions of this
ordinance and state law. Any non-conforming lot of record established between
March 1976 and March 1988, not adjoined by other land of the same ownership but
conforming to prior law at its date of purchase, may be used if in accordance
with all other provisions of this ordinance and state law and if the applicant
demonstrates that maximum feasible steps will be taken to prevent water
pollution.
All building materials used
and practices followed in the construction of buildings shall conform to the
generally accepted standards of good building practice
The exterior wall shall be
finished with a covering of clapboards, wood or vinyl siding, wood, asphalt,
masonry, brick, stone or other approved material. Such covering shall be completed within 6 months after the
studding is in place. Tarred paper
and/or felt, or similar substances, may be used only when completely hidden
from view by the finished exterior wall covering.
The roof shall be covered
with fire- resistant materials.
No principal or accessory
conventional structure shall exceed two stories in height nor shall any
structure exceed 35 vertical feet (See definition of building height), except
for municipal buildings, steeples, silos, detached barns, water towers or other
accessory structures not designed for human habitation.
All buildings shall have a
safe and adequate electrical service. All wiring shall meet the standards of
the National Electrical Code.
All plumbing and sewage
disposal shall be in strict conformance with State of Maine legal requirements
and the State of Maine Plumbing Code.
No overboard discharges into surface waters are allowed. All heating shall be installed in
conformance with applicable State of Maine laws and plumbing codes.
The Board shall administer
these provisions. The Board shall retain oversight responsibilities for any
construction or reconstruction while it is being proposed, during the
construction work, and following its completion. The Board shall call on the
services of the Code Enforcement Officer for its administrative purposes.
The office of Building
Inspector is hereby created. The Building Inspector shall be appointed by the
Board of Selectmen and shall have the powers and responsibilities described in
this ordinance and specifically designated by the Board of Selectmen under
Maine statute.
1.
Before
the construction, reconstruction, conversion to a different use, substantial
addition, relocation, or replacement of any structure or significant segment
thereof shall be commenced, the owner or lessee, or the architect, contractor,
or builder employed by such owner or lessee shall obtain from the Building
Inspector or Planning Board, as appropriate, a permit covering such proposed
work.
2.
Application
in General:
a.
All
applications for the permits shall be in writing and in such form as the Board
may prescribe. (Consult the Town Office or Code Enforcement Officer to obtain
the correct forms). All applications shall
contain, at a minimum, a description of the proposed activity including size,
location, setbacks and side and rear yard widths of all structures, roadways
and parking areas and utilities associated with the building. The application shall also contain a
statement of the uses to which any buildings or other structures will be put
and shall be dated on the day of submission to the Building Inspector or Board.
b.
Specific
application instructions are found in Sections 10 - 14 to cover the following
uses:
Section 10 - Single-Family
and Two-Family Dwellings and Accessory Dwelling Units
Section 11 - Multi-Family
Dwellings
Section 12 - Subdivisions
Section 13 - Cluster Housing
Section 14 - Commercial and
Industrial Uses
3.
Plumbing
permit: A plumbing permit, when required, must be issued by the Lamoine
Plumbing Inspector before a building permit is issued. An internal plumbing permit is required for
all new or relocated plumbing fixtures
4.
Review
Criteria
The Board and Code
Enforcement Officer shall consider the following criteria and before granting
approval shall determine that the proposed building and land use:
a.
will
meet all lot size, density, and open space requirements;
b.
will
meet all setback, side and rear yard width, and buffer requirements;
c.
will
provide easements, road access, and utility installation as prescribed in this
and other Town ordinances;
d.
will
not result in undue water, soil, or air pollution. In making this determination the Board shall at least consider:
The elevation of land above sea level and its relation to the floodplains; the
nature of soils and subsoils and their ability to adequately support waste
water disposal; the slope of the land and its effect on effluents; the
availability of streams for disposal of
adverse effluents; the applicable state and local health and water
resources regulations; and the applicant's submission of required assessments
by certified professionals;
e.
whenever
situated in whole or in part within 250 feet of any pond, lake, river or tidal
waters, will not adversely affect the quality of such body of water or
unreasonably affect the shoreline of such body of water or the uses to which it
is customarily put;
f.
will
not, alone or in conjunction with existing activities, adversely affect the
quality or quantity of groundwater or cause an unreasonable burden on any
existing water supply;
g.
will
have sufficient water available for the reasonably foreseeable needs of the
subdivision;
h.
will
not cause unreasonable soil erosion or reduction in the capacity of the land to
hold water or support vegetation so that a dangerous or unhealthy condition may
result;
i.
will
meet street design standards as specified in Town ordinances;
j.
will
not cause unreasonable highway or public road congestion or unsafe conditions
with respect to use of the highways or public roads existing or proposed;
k.
will
provide for adequate sewage, solid waste, and waste water disposal in a manner
which does not cause an unreasonable burden on municipal services;
l.
will
not have an unduly adverse effect on the scenic or natural beauty of the area,
geographic or historic sites, rare and irreplaceable natural areas, or any
public rights for physical or visual access to the shoreline;
m.
will
not significantly alter the demand for any municipal service or facility
without providing a means acceptable to the Board for supporting the Town's
ability to provide the service or facility;
n.
will
provide for an adequate supply of water for fire protection as specified
herein;
o.
will
not violate the Town's Floodplain Management or Shorelands Ordinances;
p.
will
be in conformance with this ordinance and the Town's Comprehensive Plan.
5.
Permit
Approval: The Code Enforcement Officer or Planning Board, as appropriate, after
proper examination of the application, shall either issue the requested permit
or transmit notice of refusal within 30 days of the date of submission. Notice of refusal shall be in writing and
shall state the reasons therefor.
Copies of the notice of refusal or of the permit shall be forwarded to
the Board, the Board of Assessors, and the Board of Appeals.
6.
Life
of the Permit: All building permits shall be void unless work thereunder is
commenced within one year from the date of issuance and completed sufficiently
to receive a certificate of occupancy within two years, unless an extension is
granted by the Board.
7.
Display
of Permit: Every building permit shall be displayed in a conspicuous place on
the premises, clearly visible from the principal traveled street, and shall not
be removed until all work covered by the permit has been approved.
This code shall be
administered by the Building Inspector, as directed by the Board and the Board
of Selectmen, and by such other qualified individuals as state statutes may
require (e.g., licensed plumbing inspector). The code shall be enforced by the
Code Enforcement Officer (Section 10).
1. Inspection: The Building Inspector (or other municipal or
licensed official as appropriate) shall inspect all buildings for the purpose
of administering and enforcing the provisions of this code and all other local
and state laws affecting such activities.
This shall include, but not be limited to, the inspection of
construction under this code at appropriate points during the construction
period to permit a determination that the building in fact conforms to the
plans proposed in the application.
Specifically, in addition to the final inspection, all construction
shall be inspected at least at the following points by the appropriate town
official:
a. after the foundation forms or footings are placed,
but prior to pouring concrete (contact the Building Inspector to check for
minimal setbacks);
b.
after
sewage disposal system is laid out but prior to covering (contact the Plumbing
Inspector);
c.
After
septic system is covered to assure site stabilization and seeding (contact the
Plumbing Inspector for final inspection)
d.
after
plumbing has been installed but prior to covering (contact the Plumbing
Inspector).
e.
after
completion for a certificate of occupancy.
2. Right of Entry: The Building Inspector, members of the Board, and
other qualified officials in performance of their duties may enter any lot or
building, with permission, for the purpose of making the inspection required by
this code.
1.
Permit
application Fees: Applicants for building
permits shall submit a fee together with a completed application to the Code
Enforcement Officer or Planning Board, as applicable. The fee shall be payable to the Town of Lamoine and shall accrue
to the Code Enforcement Fund which shall be used for the administration and
enforcement of this ordinance.
Permit Application
fees shall
be as follows:
a.
Structures
of 3,500 square feet of floor space or more: fee shall be $200.
b.
Structures
with 1000 but less than 3,500 square feet of floor space: fee shall be $100.
c.
Structures
with less than 1000 square feet of floor space or substantial expansion or
renovation of structures: fee shall be $50
d.
Accessory
structures with less than 500 square feet and not designed for human
habitation, or substantial expansion or renovation of such structures: fee
shall be $25.
e.
Fees
for commercial, industrial or multi-family dwelling units shall be twice the
schedule above. See Section 14.
f.
Fees for subdivisions and cluster housing: $ 200.00 $ 50.00
for the application plus $50.00 per lot created. See Section 12.
2.
Impact
Fee: In the event that the Board's
findings indicate that the proposed development will create a significant
burden on existing or future municipal services, the Board may levy a fee to
offset the burden of capital improvement. The fee shall be calculated to apply
against significant capital improvement costs required of the Town to service
the development and its residents (see Section 3 above). The Board may require the applicant to
provide accurate estimates of costs required to service the proposed
development, and the expected revenue from the development.
3.
In
addition to the fees set out above, the applicant shall be required to pay the
costs of independent evaluations of a proposed development, either as required
in this ordinance or as the Board may find such evaluations necessary or
desirable in its deliberations. The Board may require such evaluation in all
appropriate situations, including those where the applicant has submitted a
professional evaluation covering the subject matter. In any case in which a fee
for independent evaluation is required the Board will request from the
applicant a reasonable additional sum, to be paid at a time determined by the
Board; and funds not expended for the specified uses will be returned to the
applicant.
No structure shall be
occupied after its construction, conversion to another use, relocation, or
replacement until a certificate of occupancy is issued by the Building
Inspector. The Building Inspector shall
issue said certificate after proper examination establishes that sufficient
amount of work to ensure safe health conditions including heat, internal
plumbing, septic disposal system, sheet-rocking in place in the kitchen and
bedroom and other areas being occupied was performed in compliance with the
provisions of this code and the plans submitted by the applicant.
The Board of Appeals may
grant a variance from the strict application of this ordinance provided that
the applicant applies for such a variance within 30 days of a building permit
decision and that the applicant can demonstrate that the strict application of
the ordinance would result in undue hardship.
No variance shall be granted which circumvents a prior subdivision
ruling by the Board. The fee for such
application shall be $50.00.
The Board of Appeals, upon
written application of an aggrieved party within 30 days of a Building Inspector
or Planning Board determination, and after public notice, may hear appeals of
such determinations on administrative grounds.
Such hearing shall be held in accordance with state laws. Following such hearings, the Board of
Appeals may reverse the decision of the Building Inspector or Planning Board
only upon a finding that the decision is clearly contrary to specific
provisions of this ordinance. Appeals
hearings will be conducted as an appellate hearing and review of the decision
under appeal, except for variance appeals, or appeals made as a result of a tie
vote of the Planning Board, which shall be heard and acted on de novo. The fee for such application shall be $50.
An appeal may be taken
within 45 days after any decision is rendered by the Board of Appeals, by an
aggrieved party, to Superior Court in accordance with state law.
This code shall be
administered by the Planning Board and enforced by the Code Enforcement Officer
and Board of Selectmen. Any action needed to enforce the provisions of this
ordinance shall be taken by the Selectmen of the Town of Lamoine on their own
motion or on the recommendation of the Board or the Code Enforcement Officer.
1.
The
office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall be appointed by the Board of
Selectmen for the purposes of ensuring compliance with, and assisting the
Planning Board in the administration of, all town ordinances and regulations.
The Code Enforcement Officer shall perform administrative and enforcement
activities as directed by the Board of Selectmen under the authority of town
ordinances and regulations
2.
The
Board shall call on the services of the Code Enforcement Officer for its
administrative purposes, and the Code Enforcement Officer shall be responsible
to the Board in the performance of Board-related duties. The Officer shall review all applications
required to be submitted under this section and shall make findings and
recommendations to the Board. The
Officer shall conduct such inspections and research as the Board may request,
and shall notify the Board of any apparent violation of this section or any
orders or conditions of the Board. In
addition, the Officer shall keep complete records of all applications
submitted, applications approved or denied, appeals, court actions, and
investigations of violations.
Any building constructed or
work performed in violation of the provisions of this code or of any permit
issued by the Building Inspector or Planning Board, or any occupancy of any
building constructed as a dwelling or of any commercial or industrial structure
without the required certificate of occupancy, shall be considered a nuisance.
See Section 12 (N) for specific conditions covering violations in
subdivisions, cluster housing, and commercial or industrial uses.
1.
Dwellings
and Uses Other than Subdivisions, Cluster Housing, and Commercial/Industrial
Uses: Any person found guilty of
violating any provisions of the code, except those governing subdivisions,
cluster housing, and commercial/industrial uses, shall be subject to a fine of
not more than $250 for each offense. Each day in which a violation is proved to
exist shall constitute a separate offense under this section.
2.
See Section 12(N) for
specific conditions covering fines for Subdivisions, Cluster Housing, and
Commercial/Industrial Uses:
Any structure containing
only one (1) dwelling unit for occupation by not more than one (1) family must conform to the requirements
described in Sections 1-9. Permits are issued by the Code
Enforcement Officer and must follow procedures described in D. below.
Recreational Vehicles used as dwelling units on a
lot for more than 30-days must obtain a building permit
Any structure containing
only two (2) dwelling units for occupation by not more than two (2) families
must conform to the requirements described in Sections 1-9. Permits are issued by the Code Enforcement
Officer and must follow procedures described in D. below.
1.
Creation of an Accessory
Dwelling Unit - The purpose of this provision is to permit creation of a single,
subordinate dwelling unit within and incidental to an existing single-family
dwelling. The creation of a subordinate
accessory dwelling unit within a new single-family dwelling shall also be
permitted. An accessory dwelling unit
is intended to be a separate suite of rooms within a home where the unit is
occupied by 1 (one) or 2 (two) people who have a close personal relationship
with the residents of a main dwelling.
A close, personal relationship is described as a relative being a
parent, child, sibling, grandparent, grandchild, first cousin, aunt, uncle or
spouse. Accessory dwelling units shall
only be created where the single family character of the main building is
maintained.
2.
Requirements - The following
requirements shall be in addition to other requirements of the Building and
Land Use Code. No accessory dwelling
unit is permitted where a variance to the Building and Land Use Code is
required. The Planning Board may permit
creation of an accessory dwelling unit,
subject to the applicant's compliance with the provisions of sections 6 and 7
of the Building and Land Use Code.
Accessory dwelling units shall be considered a single-family dwelling
for purposes of compliance with sections 6 and 7. Additionally, accessory dwelling units shall meet the following
provisions:
a.
A
lot must have a minimum of 40,000 sq. ft. to be eligible for the addition of an
accessory dwelling unit to an existing single-family home. The applicant shall have the burden to
establish the lot area by a survey signed and sealed by a registered Maine surveyor. The applicant shall also demonstrate how the
subsurface waste water disposal system complies with the State of Maine
Plumbing Code.
b.
An
accessory dwelling unit may only be created in a single-family detached
dwelling which has a total existing floor area of the structure, excluding
garages, of 1,600 sq. ft. or more prior to the addition of the accessory
dwelling unit.
c.
The
accessory dwelling unit shall occupy no more than twenty-five percent (25%) of
the resulting floor area of the structure, as defined herein, excluding
garages. In no event, however, shall
the floor area of the accessory unit be less than a minimum of 400 sq. ft. An interior connecting doorway between the
single-family dwelling and the accessory unit shall be provided that promotes
commingling of the residents of the accessory doorway shall not permit the
informal extension or expansion of the allowable dimensions of the accessory
dwelling unit.
d.
Any
addition to the floor area of the single-family detached dwelling to create the
accessory dwelling unit shall not exceed 15% of the floor area of the structure
of the single-family dwelling prior to conversion.
e.
One
parking space shall be provided for the accessory dwelling unit in addition to
parking for the single-family dwelling.
The parking space must be located a minimum for five feet (5') from the
side and rear property lines. The
parking areas for the lot shall be arranged and landscaped to be compatible
with adjacent structures.
f.
Any
exterior alteration shall preserve the single-family appearance, architectural
style, and character of the original structure and shall be in harmony with the
design of the original structure and the general appearance of the
neighborhood. Any exterior alteration shall preserve the formal, front entrance
of the original structure in order to maintain the single-family appearance and
architectural style of the structure, although a secondary entrance which
serves the accessory dwelling unit may be permitted. Any secondary entrance shall not detract from the main entrance
and shall not be located on the face of the building where the main entrance is
located.
g.
The
single-family dwelling and the accessory dwelling unit installed therein shall
be held in the same ownership. No
rights shall accrue to the recipient of the accessory dwelling unit building
permit unless the recipient records and attests copy of the building permit in
the Hancock County Registry of Deeds within 90 days of final approval of the
building permit for accessory dwelling unit.
No rent may be charged by the owner of the single-family dwelling to the
occupant of the accessory dwelling unit, but co-mingling of incomes for common
household expenses is allowed. Upon
vacancy of the accessory dwelling unit by close, personal relative, the
accessory dwelling unit may not be rented to the general public, and it may
only be occupied by another close, personal relative as defined in the preamble
of this section.
1.
All
applications for permits shall be in writing and on such forms as the Board may
prescribe.
2.
Permits
shall contain a description of the proposed activity including size, location,
setbacks and side and rear yard widths of all structures, roadways and parking
areas and utilities associated with the building. The application shall also contain a statement of the uses to
which any buildings or other structures will be put and shall be dated on the
day of submission to the Building Inspector or Board.
3.
See Section 7B for
requirements regarding plumbing and other permits.
New multi-family structures,
including apartment houses, cluster housing, motels, campgrounds, and
condominiums, shall conform to the permits, procedures and standards
described in Section 12, Subdivisions.
A subdivision shall be the
division of a tract or parcel of land, as defined in the State Statutes, MRSA,
Title 30, Section 4956, into 3 or more lots for the purpose of sale,
development, or building. The terms, development
and building, shall refer broadly to the establishment of buildings or
developments for purposes including, but not limited to, cluster housing,
shopping centers, mobile home parks, campgrounds, motels, and apartment or
cooperative housing with multiple building or dwelling units. The establishment of 3 or more dwelling
units, lodging units, and/or commercial, industrial, institutional, or retail
establishments on any one tract or parcel of land shall constitute a
subdivision.
The purpose of this section
is to provide the town with a review procedure for all subdivisions to assure
the comfort, health, safety, and general welfare of the people. The section is designed to protect the
environment, provide for the orderly development of a sound and stable
community as described by its Comprehensive Plan, and control the density of
its growth, guarding it, for example, from overtaxing its municipal services,
overburdening its soil with waste, or depleting or adversely affecting its
groundwater, and assuring that water supplies and human and industrial waste
disposal systems are adequate.
In reviewing applications
for the subdivision of land, the Planning Board (hereinafter called the Board) shall consider the following
general requirements. In all instances,
the burden of proof in assuring compliance with these requirements shall be
upon the applicant for subdivision permit.
In reaching a determination, the Board may require the applicant to
provide sufficient information at the applicant's expense to ensure the
application's compliance with these requirements.
1.
Impact on Community Services (see section 3-B)
2.
Maintenance of Prescribed Building Densities and Setbacks. To preserve the primarily
residential character of the community as specified in the Town's Comprehensive
Plan, no subdivision shall create a concentration of dwelling units exceeding
one unit per 40,000 square feet within
the subdivision parcel. For parcels of
12 units or more, an additional 20,000 square feet per unit must be provided
for common recreational and open space uses.
Further, all structures shall be located according to setbacks and side
and rear yard widths prescribed in this and other Town ordinances.
3.
Preservation and Protection of Natural Resources. The proposed subdivision shall not pose a threat to existing or
future quality or quantity of water, air, soil, or geographic features. The Board may require the applicant to
submit environmental impact studies by qualified experts acceptable to the
Board. The applicant shall bear the
costs of such studies.
4.
Retention of Open Space and Geographic or Historic Features. The proposed subdivision shall provide sufficient open space for
the use of residents of the subdivision and, if agreed upon by the subdivider
and the Board, the use of the general public.
In cases of the latter use, the Board may require the subdivider to
provide public access to geographic or historic features which it deems to be
significant public resources and shall require the subdivider to protect those
features from damage and depreciation.
5.
Easements
a.
Where
a subdivision is traversed by a natural water course, drainage way, channel, or
stream, there shall be provided a stormwater easement or drainage right-of-way
that shall be not less than 30 feet in width and shall conform substantially
with the lines of such water course.
b.
The
Board may require easements for sewage, drainage, or other utilities.
6.
Utilities. The size, type, and location
of public utilities, such as street lights, electricity, telephones, gas lines,
fire hydrants, etc., shall be acceptable to the appropriate utility and/or Town
department.
7.
Land Not Suitable for Development.
a. In addition to those lands described in Section 3(D), the Board
shall not approve for the purpose of meeting lot size requirements such
portions of any proposed subdivision that:
i.
Are
situated below mean high water;
ii.
Are
part of a right-of-way or easement, including utility easements, except for
service feeds to two or fewer dwelling units;
iii.
Are
located on land which must be filled or drained or on land created by diverting
a water course. In no instance shall
the Board approve any part of a subdivision located on wetlands or great ponds (natural bodies of water 10 acres or more in
size);
iv.
Employ
septic sewage disposal and do not meet or exceed the lot size guidelines for
soil types and slopes as specified in Appendix 1 of "State of Maine
Plumbing Code, Part II, Private Sewerage Disposal Regulations," as
amended.
b. Wherever situated, in whole or in part, within 250 feet of the
high water line of any pond, lake, river, or tidal waters, a proposed
subdivision shall conform to the Shoreland Zoning Ordinance for the Town of
Lamoine, Maine.
8.
Floodplain Management Requirements. The subdivider will determine, and will
provide sufficient evidence to the Board that the proposed subdivision does not
violate the Floodplain Management Ordinance for the Town of Lamoine.
1.
The
Board shall administer the provisions of this Section. That is, all application procedures,
consideration of plans and evidence to support them, collection of fees, and
issuance of subdivision permits shall be conducted by the Board. Further, the
Board shall retain oversight responsibilities for any parcel which is under
consideration for subdivision development, undergoing such development, or in
which such development has been completed.
The purpose of Part D is to establish an orderly, equitable, and expeditious
procedure for reviewing subdivisions.
See also Sections 7,8, and 9 of this ordinance.
2.
Pre-application
Procedure
a. Applicants shall submit
to the Chair of the Board a completed pre-application form and request to be
placed on the Board's agenda at least 30 days before a regularly scheduled
meeting. The pre-application shall
contain, at a minimum, the name, address, phone number and company name of the
applicant; location of the lot; a description of the proposed activity, a
statement of the uses to which any buildings will be put, and a preliminary
sketch of the proposed uses including size, location, setbacks and side and
rear yard widths of all structures, roadways and parking areas; a preliminary
description of utilities, water, and sewage; and a description of any
environmental, natural, or historic features on the site.
b.
Applicants
who attend a meeting but who are not on the Board's agenda may be heard, but
only after all agenda items have been completed and a majority of the Board
votes to hear the applicant.
c.
The
Board shall provide the applicant with an opportunity to describe the proposed
subdivision and shall have an opportunity to question the applicant concerning
the proposal. The Board shall also
schedule an on-site inspection and designate who shall inspect the site on
behalf of the Board.
d.
Within
30 days of consideration of the completed pre-application form, the Board shall
conduct the on-site inspection, and inform the applicant of any specific points
to be covered in the Plan not required by Part E below.
3. Application and Development Plan
a.
The
Application with Development Plan (hereinafter called the Plan) is to be
submitted by the applicant after the on-site inspection has taken place,
subject to the power of the Board to require additional information as set out
in Part D 4 (d) above.
b.
The
Board shall notify the applicant as to whether or not the application is a
completed application, and shall note the date and give the applicant a receipt
showing the date on which the application is complete. A completed application is one which
contains all the elements required by Part E and Part D 4 (d) of Section 12 and
is accompanied by the required application fee. Notice to the applicant that the application is complete shall
not bar the Board from requesting further information from the applicant if
such further information is required to determine whether the proposal meets
the criteria for approval set out in Maine law or this ordinance.
c.
The
Board shall hold a public hearing on the application within 30 days of the date
on which it receives the completed application. The Board shall notify by registered letter all owners of
abutting properties listed in the application or Plan as to the date, time, and
place of such review. Applicants are
strongly encouraged to contact resident abutting landowners personally before
this review. The notice required by
this paragraph is in addition to all other notices required by law, and failure
to give such notice shall not affect the validity of any Board action.
d.
Within
30 days of the public hearing on the Plan, within 60 days of the receipt of the
completed application, or within any other time limit agreed to by the Board
and the applicant, the Board shall notify the applicant, in writing, of its
decision. The Board may approve, approve
with conditions, or deny the Plan. The
Board shall specify to the applicant its reasons for any conditions or for
denial.
4.
Fees
- There shall be an application fee of $200 $ 50.00 for the application
plus $50.00 per lot created by the subdivision, accruing to the Code
Enforcement Fund of the Town of Lamoine.
5.
Evidence of Financial and Technical Capacity. Before granting approval of a permit, the Board shall determine
that the subdivider has provided written evidence of adequate financial and
technical capacity to meet the standards stated in Section 12 and has paid the
required fees and planning costs in a timely fashion.
6.
Expiration Date of Plan Approval. A
permit granted under this ordinance shall expire if 15% of the project (as
measured by the permit approved square footage) is not completed within one
year of the permit approval date. A
permit granted under this ordinance shall expire if 60% of the project (as
measured by the permit approved square footage) is not completed within two
years of the permit approved date. If
either of these deadlines is not met, an application for a permit must again be
made and permit fees paid. If the
project is not completed within two years, an application for a permit must be
made and permit fees paid annually thereafter until completion.
The Plan submitted by the
applicant shall contain 3 each of the application form and any and all prints,
etc. The proposal can best be presented
using prints having a scale of 100 feet to the inch. There shall be an inked cloth or Mylar film tracing of 24" x
32" maximum. The Plan shall
contain:
1.
Title
and purpose of the subdivision;
2.
Scale,
date, North Point, and geographical location;
3.
Boundaries
of the parcel to include remaining portions of owner's land;
4.
Names
of owner(s), engineer(s), and surveyor(s);
5.
A
statement specifying the land use proposed for the subdivision in general and
each functional unit in particular, specifying any covenants imposed, with a
description of the character of the structures and their location on the
parcel, and drawings of elevations and floor plans for each proposed structure;
6.
Names
and addresses of owners of abutting properties and location of their abutting properties, indicating
structures within 20 0 feet of the common boundary;
7.
Existing
and final proposed lines and dimensions of lots, streets, ways, fire zone
parking areas, easements, and public or common areas within the subdivision;
8.
Sufficient
data to determine the location, direction and length of every street and way
line, lot line and boundary line, and to establish these lines on the ground;
9.
Name,
location, width, profile and cross-section, radius of curves of all existing and proposed streets, and the
design for traffic control. This shall
include profiles of the center lines of proposed streets separate from the plan
diagram, at a horizontal scale of 1 inch equals 5 feet, or adjusted to the
standard-sized mylar, with all elevations referred to U.S.G.S., DATUM or other
permanently established benchmark;
10. Kind, location, profile and
cross-section of all existing and proposed drainage;
11. Location, with dimensions, of natural and man-made features,
affecting the subdivision, such as water bodies, streams, swamps, wooded areas,
ditches, highways, buildings, community recreational resources, historic sites,
landscaping, wooden screens, vegetated buffers, amount of deforestation
required, etc.;
12. Location, with dimensions,
of utilities, electrical lines, existing right of ways, etc.;
13. Plans for water supply
adequate to meet the needs of the proposed subdivision and the requirements of
this ordinance;
14. Plans for fire protection
(see Section 12D4);
15. Plans for needed waste water
and sewage disposal along with all backup information to support the validity
of the waste water and sewage disposal concepts. A statement from a certified geologist, registered civil
engineer, or licensed soil evaluator is required for this purpose;
16. Topographical map if the
ground is more than 5% or less than 1% in ground slope;
17. A list of construction items
to be completed before the sale of lots (e.g., streets, streetlights, culverts,
fire hydrants, fire zone parking areas, etc.);
18. Suitable space to record, on
the Plan, final approval by the Board, with conditions, if any, and also the
date of approval;
19. Certification by a licensed
surveyor or equivalent authority;
20. The following conditions, in
writing, where appropriate:
a.
Water
supply system proposals contained in the Plan shall be approved in writing by
a) the servicing Water Department if existing water service is to be used, b)
the State of Maine Department of Human
Services if the applicant proposes to provide a central water supply system, or
c) a civil engineer registered in the State of Maine if individual wells
serving each building site are to be used. The Board may also require the
applicant to submit the results of water quality tests as performed by the
Department of Human Services.
b.
Sewage
disposal system proposals contained in the Plan shall be properly endorsed and
approved in writing by a) the State of Maine Department of Human Services if a
central sewage collection system is to be used or if individual septic tanks
are to be installed by the applicant, or b) the Maine Department of
Environmental Protection if the Town system to be used is inadequate by State
standards and the waste generated is of a significant nature.
c.
If
the proposed subdivision in any way falls within the jurisdiction of and is
subject to review by the State of Maine Department of Environmental Protection,
then approval of that agency shall be secured in writing before submission of
the Plan.
d.
Approved
fire protection plan;
21. Sufficient evidence that the
proposed subdivision does not violate:
a.
The
Town's Floodplain Management Ordinance;
b.
The
DEP Storm Water Management Plan
22. Required fees;
23. Other information required
by the Board.
The foregoing approvals may
be listed as conditions to the approved Plan if the applicant demonstrates to
the Board that it is impractical to obtain them before submission of the
Plan. In no case shall work commence on
the subdivision or any further permit or certificate be issued until all such
conditions have been fulfilled.
1.
Roads
shall be located, constructed, and maintained so that erosion is kept to a
minimum. Adequate provisions shall be
made to prevent soil erosion and sedimentation of surface waters to the maximum
extent possible, as defined by the Maine Department of Transportation's
Standards of Practice. The design of
streets shall provide for proper continuation of streets from adjacent
subdivisions and built-up areas, and proper projection of streets into adjacent
un-subdivided and open land.
2.
All
roads constructed shall conform to the following standards:
a.
Ditching
shall be sufficient to prevent flooding of roadways, and bottoms of culverts
shall be installed at streambed elevation;
b.
All
cut and filled banks and areas of exposed mineral soil shall be revegetated or
otherwise stabilized as soon as possible;
c.
The
arrangement, character, extent, width, grade, and location of all roads shall
provide for safe access and egress based on their relation to existing or
planned roads, to topographical conditions, to public convenience and to
safety, and their relation to the proposed use of the land to be served by such
roads. Grades of roads shall conform as
closely as possible to the original topography;
d.
Road
intersections and curves shall be so designed as to permit safe access and
egress for both pedestrian and vehicular traffic. That portion of any corner lot which is necessary to allow
25-foot sight lines between intersecting roads shall be cleared of all growth
(except isolated trees) and obstructions above the level of 3 feet higher than
the center line of the road . When necessary to achieve visibility, ground
shall be excavated;
e.
Local
streets shall be designed to discourage through traffic;
f.
Width
of right-of-ways shall be 50 feet;
g.
Width
of pavements shall be two 9-foot traffic lanes, and two 8-foot parking and
delivery lanes;
h.
The
center of all streets shall be set back at least 30 feet from abutting property
lines.
i.
The
radius of center line curve shall be 100 feet minimum;
j.
Angle
of street at intersection shall be not less than 60 degrees;
k.
Street
grades shall be a minimum of 0.5% and a maximum grade of 3% within 50 feet;
l.
Cul-de-sac
and dead-end streets shall have adequate provisions for turning at the closed
end, with a minimum radius of 50 feet;
m.
Property
lines at intersections shall be rounded with a minimum radius of 20 feet;
n.
All
streets shall be properly excavated and have a base course of at least 18
inches of gravel and a wearing course in addition. On streets and ways which the developer intends to petition the
Town for acceptance as a Town road, the wearing course shall be of a material
equal to two coats of bituminous products as applied on State Aid roads. The wearing course on streets in a
development which will remain private ways may have a wearing course of any
material which insures safe travel and passing at all times. All streets shall be in accordance with good
engineering practices and be provided with adequate drainage;
o.
Sidewalks
may be required at the discretion of the Board and with the subdivider's
agreement.
All subdivisions, except
those created by division of land into lots for single-family dwellings, shall
meet the following requirements. A
subdivision with lots for single-family dwellings will conform to the
requirements in Section 4(I).
1.
All
buildings and parking spaces must be set back at least 200 feet from any road
right of way and at least 100 feet from any adjacent property boundaries.
2.
The
subdivision design shall minimize glare and noise pollution either from within
or outside the development by providing and maintaining a vegetated buffer zone
at least 20 feet wide along abutting property lines. Vegetation shall consist of non-deciduous trees at least 6 feet
in height at the time of planting, and of sufficient density to fulfill the
purpose of this requirement . Buffer zones shall be so constructed and
maintained as not to obstruct visual access to areas of scenic value to the
public or adjacent landowners, or as agreed to by the developer and all
abutting landowners.
3.
Screening
shall buffer off-street parking areas from the public right of way and shall
enhance the physical design of the buildings and site.
4.
Residential Zone .
a.
All
subdivisions established after April 16, 1999 having 15 or more units shall
provide single entrances and screening of at least 50 feet in length along the
road to which the entrance provides access.
5.
Rural and Agricultural Zone. – To preserve the rural and agricultural nature of
this area, all new subdivisions:
a.
shall
have single entrances from the main road, and;
b.
shall
provide 50 foot depth of screening along such main road and wherever such
development abuts existing main roads and;
c.
may
submit a cluster design for consideration
d.
Subdivisions
having 16 or more units:
i.
Shall
have single entrances from the main road, and
ii.
shall
provide 50 foot depth of screening along such main road and wherever such
development abuts existing main roads,
iii.
shall
present a cluster design, and,
iv.
provide
80,000 square feet of permanent commons for each 16 units or additional
fraction thereof planned. Commons shall
be held by the developer, a development association, or conveyed to the town
and, however held, taxed appropriately proportionate to the degree of public
access or public purpose served.
6.
Where
any of the foregoing is required, it shall be incorporated in the Plan and
executed by the subdivider as construction of the subdivision proceeds.
Plan approval
shall be void unless work thereunder is commenced within one year from the date
of issuance and completed within two years, unless an extension is granted by
the board.
1. For all subdivisions, the size and dimensions of lots and the
location of structures shall meet the following requirements:
a.
Each
lot in the subdivision shall be provided a minimum of 40,000 square feet of
land within the subdivision parcel;
b.
Any
subdivision of 12 lots or more must provide an additional 20,000 square feet
for each lot in the subdivision for common recreational and open space uses;
c.
Any
subdivision having 16 or more units in the Rural and Agricultural Zone shall
provide 80,000 square feet of permanent commons for each 16 units. (see page 48
Comprehensive Plan, 2d)
d.
Any
lot within or partially within land classified as shorelands shall have a
minimum frontage of 200 feet on the body of water.
2.
Where
a subdivision is created by division of land into lots for single- family
dwellings, each lot shall have a minimum frontage on any road, street, or
highway of 200 feet. Exceptions to this
requirement may be made:
a.
only
in the instance of lots situated on the curve of a cul-de-sac design, in which
case the minimum frontage shall be 75 feet.
b.
in
the instance that the subdivision is:
i.
in
the Residential Zone;
ii.
is
provided with public water and sewer connections and is connected to same;
iii.
and
is provided with its own entrance road.
In this instance the frontage requirement may be reduced to 100 feet per
unit within the development
3.
The
Board may require greater minimum lot sizes when it deems such sizes necessary
to protect natural resources or geographic and historic features, including the
quantity and quality of soil, air and water in the town. Specifically, the
hydrological assessment by a certified geologist, registered professional
engineer, or licensed soil evaluator, required in Part J of certain proposed
subdivisions, shall include a recommendation of appropriately larger lot sizes
based upon completion of the following formula:
(q) (Cnitrate - Cb)
d = _______________
(Cs) (qs)
d = the allowable housing density in dwellings
per acre
q = the rate of
natural groundwater recharge, averaged over the year in gpm/acre; some
representative numbers based on soil types are:
glaciomarine clay-silt 0.11-0.23
thick silty clay 0.23
thin soil over rock 0.33
thin till over rock 0.46
sandy glacial till 0.57
glaciomarine fine sands 0.91
raised beach deposits 1.16
sand and gravel 1.16
Cnitrate = the resultant
concentration of nitrate-nitrogen in groundwater as a result of subsurface sewage
disposal systems. 10 mg/l is the
maximum allowable concentration in drinking water.
Cb = the background
concentration of nitrate-nitrogen in groundwater; if records are not available,
assume 0.25 mg/l for good soils in sparsely settled areas to 1 mg/l for poor
soils in densely settled areas.
Cs = the nitrate-nitrogen
concentration in typical septic tank discharge, 30 mg/l.
qs = the average leachfield
discharge rate per dwelling, which is equal to 70% of 300 gallons per day or
0.15 gal/min.
The burden of proof that the
minimum lot size conforms to this formula lies with the applicant. Failure so to demonstrate shall be
sufficient cause for denial of the permit.
4. Certain lands designated as land not suitable for development in
this and other town ordinances shall not be approved for the purpose of meeting
lot size and density requirements (see Part C 7).
To provide for adequate
protection from loss by fire, the following provisions shall apply:
1.
Access
roads serving any subdivision, including commercial/industrial buildings
exceeding 5,000 square feet, shall be in place before occupancy of any building
within the subdivision.
2.
Fire
zone parking areas shall be provided on access roads to buildings with 3 or
more dwelling units or commercial/industrial buildings in excess of 5,000
square feet. Such parking areas shall
be not less than 50 feet or more than 150 feet from any such building. Each parking area shall be parallel to and
abutting the access road, preferably on the right side approaching the
building, and shall be not less than 15 feet wide and 50 feet long. The owner of the building shall be
responsible for marking the area and keeping it clear of snow or other
obstruction so that the area is available at all times exclusively for
emergency parking of town fire equipment.
3.
10,000
gallons or more of water shall be made accessible for firefighting purposes for
each multifamily or commercial/industrial building exceeding 5,000 square feet,
either in a buried tank or in a pond with proven year-round supply. Access to
the water supply shall be made at the designated fire zone parking area through
a 4-inch pipe with a 4-1/2 inch NPT fitting to permit pumping by a town fire
truck. The supply shall be maintained
by the property owner and pass inspection semi-annually by the chief of the
Fire Department.
4.
A
Fire Protection Plan indicating compliance with 2 and 3 above
shall be presented to the Board before final approval of a subdivision permit
for multifamily buildings with 3 or more units, or for commercial/industrial
buildings in excess of 5,000 square feet.
The applicant shall develop the plan in consultation with the chief of
the Fire Department and shall have the chief 's or his designee’s written
approval of the plan attached.
No subdivision shall be
permitted which either alone or in conjunction with existing activities would
adversely affect the quality or quantity of groundwater in Lamoine, as stated
below.
1.
Where
a proposed subdivision development is located in whole or in part over a
susceptible groundwater deposit as indicated on the Composite Susceptibility
Map prepared by the Hancock County Planning Commission and on file at the Town
Office, the applicant shall provide documented assurance (deed covenants or
other) barring the underground storage of fuel oil or activities involving the
use and/or storage of hazardous materials as defined by the Resource
Conservation and Recovery Act of 1976, 40 C F R, Part 261, as amended.
2.
Applications
for subdivisions proposing lots for individual dwellings shall conform to Part
E (15) and (20) of this Section.
3.
Applications
for subdivisions proposing multi-family dwellings or commercial/industrial
establishments shall contain a hydrological assessment by a certified geologist
or registered professional engineer of the impact of the development on the
quality and quantity of groundwater.
a. That assessment shall be based upon and provide the following:
i.
Soil
data for entire site including soil test pits and percolation test results
ii.
The
depth to the water table at representative points throughout the subdivision
iii.
Drainage
conditions throughout the subdivision
iv.
Proposed
water source and the method of waste water treatment disposal for the
subdivision with reference to distance from roads, boundaries, and wells
v.
Data
on the existing groundwater quality, either from test wells in the subdivision
or from existing wells on neighboring properties
vi.
Projections
of resultant nitrate-nitrogen concentrations, possible salt water intrusions
and, within the watershed of a pond, phosphate impacts.
b.
Projections
of groundwater quality shall be made at any wells within the subdivision, and
at the subdivision boundaries or at a distance of 500 feet from potential
contamination sources, whichever is a shorter distance.
c.
Projections
of groundwater quantity shall be based on the assumption of drought conditions
(assuming 60% of annual average recharge from precipitation ).
4. No subdivision shall increase any contaminant concentration in
the groundwater, within or outside the subdivision, to more than one half of
the Primary Drinking Water Standards.
No subdivision shall increase any contaminant concentration in the
groundwater to more than the Secondary Drinking Water Standards.
a.
If
existing groundwater quality already exceeds the primary, and the subdivision
is to be served by on-site groundwater supplies, the applicant shall
demonstrate how water quality will be improved or treated.
b.
If
existing groundwater quality already exceeds the secondary standards, the
subdivision shall not cause the concentration of the parameters in question to
exceed 150% of the ambient concentration.
5.
Subsurface
wastewater disposal systems and drinking water wells shall be constructed as
shown on the map submitted with the assessment. If construction standards for drinking water wells are
recommended in the assessment, those standards shall be included as a note on
the Plan and as restrictions in the deeds to the affected lots.
6.
Subdivisions
of multi-family dwelling units shall provide a minimum of either 400 gallons
per day or 4 gallons per minute per lot.
A certified geologist or registered professional engineer shall certify
that this minimum and that amount required by Section 8, Fire Protection, can
be provided without exceeding the recharge capacity of the aquifer or unduly
diminishing the quantity of groundwater available to adjacent properties.
In any subdivision, the
Board may require the subdivider to designate up to 10 per cent of the total
area as open space. In subdivisions of
12 or more lots, at least 1/3 of the parcel shall be reserved for open space
for common use. Where common use dedicated to the general public is indicated,
the subdivider, with the approval of the Board, may make a commensurate payment
in to a municipal land acquisition fund in lieu of such designation.
1.
Land
reserved for open space purposes shall be of a character, configuration, and
location suitable for the particular use intended. A site intended to be used for active recreation purposes, such
as a playground or a play field, should be relatively level and dry, have a
total frontage on one o r more streets of at least 200 feet, and have no major
dimensions of less than 2 00 feet.
Sites selected primarily for scenic or passive recreation purposes shall
have suitable private access and no less than 25 feet of road frontage. To be acceptable, the configuration of such
sites shall be deemed adequate by the Board with regard to scenic, geographic,
and historic attributes to be preserved (including sufficient space and
conditions for trails, lookouts, parking, storage, and maintenance where
necessary).