Lamoine Building & Land Use Ordinance

 

“Technical Amendments, March 2005”

 

Proposed to the Lamoine Town Meeting

 

March 9, 2005

 


The following changes are proposed to the Lamoine Building and Land Use Ordinance:

 

Cover Page

 

1.      Change “4” to “5” on page reference in Guide to User

2.      Change “Pages 8 & 9” to “Pages 10 & 11” under How Is the Ordinance Organized.

3.      Change the number “14” to “15” under How is the Ordinance Organized.

4.      Remove the word “and” and add the words “and Accessory Dwelling structures including Residential Accessory Structures” under How is the Ordinance Organized.

5.      Change the number “15” to “16” under How is the Ordinance Organized.

 

 

 

Section 1. Scope

 

1.      Add the words: Such uses require a Shoreland permit if located in the Shoreland Zone to the end of the section.

 

 

 

 

Section 3

1.      §D(4) – strike the word “Plumbing” from last sentence.

2.      §G – strike wording of entire section and replace with:  If requested by the Planning Board or required by this ordinance, the applicant will provide sufficient evidence to the Board that the proposed use does not nor will not contaminate the quality of groundwater or threaten the quantity of uncontaminated groundwater available to other residents and land owners in the Town of Lamoine.

 

 

 


Section 4

1.      §F(1) Strike “6 and 7” and replace with “5 & 6”

2.      §G (Key to Table 1-CEO)  Strike “found in Section 6.”  Replace with: found in the Lamoine Building and Land Use Ordinance and where applicable, the Lamoine Site Plan Review Ordinance.

3.      §G (Key to Table 1-PB  Strike “found in Section 6.”  Replace with: found in the Lamoine Building and Land Use Ordinance and where applicable, the Lamoine Site Plan Review Ordinance.

4.      §G(Key to Table 1, next to last paragraph) Change reference from Section 5(I) to 4(I)

5.      §H (Table of Land Uses) #13 Strike “& Businesses” from line

6.      §H (Table of Land Uses) #22A Add Use row to table for Retail Business, Business & Professional Offices”.  Said uses not permitted in the Residential Zone, and are permitted with Planning Board Approval in the Development Zone and the Rural and Agricultural Zone.

7.      §H (Table of Land Uses) #23 Add the words “Automobile Graveyards” to the row of land use descriptions.

8.      §H(Table of Land Uses) # 27 Delete entire row

9.      §H(Table of Lane Uses) # 29 Signs – Change granting authority from Planning Board (PB) to Code Enforcement Officer (CEO) in all zones.

10.  §I(1) Change section reference from “14” to “15”

11.  §I(2) Delete STRUCTURES ON ABUTTING LOTS

Where a proposed structure would be abutted on both sides 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. From Section I-2

12.  §I(2) Change so that the Lot Standards and Setback Table comprises the entire section I(2)

13.  §I(2) Table (minimum front yard setback): Delete “centerline of a roadway (ft)” and replace with “road right of way”, and change “75” to “50” in all three zones.

14.  §I(2) Table (Minimum Side & Rear Yard Setback from a Lot Line (ft), Commercial/Industrial: Delete “30” replace with “See Note 4”. Strike Footnote #4 and change footnote #5 to footnote #4.

15.  §I(2) Table (Maximum Lot Coverage): Add: including driveways & Parking Lots” to line

16.  §I(2) Note 4 Delete “For” at beginning of note and Add “the edge of” in next to last sentence before the words “any street right-of-way”.

 


 

Section 5

 

1.       §C(4) – Amend the paragraph as follows:  Materials: Aluminum clad corrugated metal pipe or plastic corrugated pipe are permitted. Plastic (HDPE) corrugated pipe must meet or exceed AASHTO specification M294 is required.  For 24” and larger diameters, 14-gauge material is required and below 24", 16 gauge is required.  The following materials are prohibited: The use of bituminous-coated corrugated metal pipe is prohibited and plastic corrugated pipe.

2.       §F – Amend the section as follows:  Adequacy of Soils for Sewage Disposal: 

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 Subsurface Wastewater Disposal (SSWD) Rules, Part II (most recent edition).

 

1.      The Plumbing Inspector shall postpone issuance of a issue all septic system permits. 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 SSWD Rules, Part II.

 

3.§G – Amend the section as follows:

Non-Conforming Lots of Record:

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 May 1999, 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. 

 

 

 


 

Section 5

 

1.      §H – Add this section as follows: 

Non Conforming Structure:

If any portion of a structure does not meet the dimensional requirements of the Building and Land Use Ordinance, that portion of the structure shall not be expanded more than 30% in floor area or volume

 

Section 6

 

1.      §G. – Add this section as follows:

G. SIGNS.  Signs and Billboards shall not exceed 16 square feet in area, 8 feet in height from grade and two signs per premise.  A permit must be obtained from the Code Enforcement Officer and placement of signs on a premise must be approved by the Lamoine Road Commissioner or the Maine Department of Transportation. 

 

 

Section 7

 

1.      Add the word “Planning” before each of the three references to “Board” in opening paragraph.

2.      §A – Make the following amendment:  The office of Building Inspector is hereby created. The Building Inspector most often shall serve as the Code Enforcement Officer who The Code Enforcement Officer shall serve as the Building Inspector and 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.

3.      §B(2)(b) change section reference from “14” to “15”.

4.      §B(2)(b) add following words to section: Section 15 – Junkyards & Automobile Graveyards

5.      §B(4) Add word “Planning” before “Board”, add word “will” to end of sentence

6.      §B(4) (a-p) delete word “will” from start of each line, with the exception of (e) which adds the word “not” to the beginning of the line and delete the words “will not”.

7.      §B(4)(g). Delete the word “reasonably” from sentence.

8.      §B(5) Add the words “of a complete application and other information the Board or Code Enforcement Officer deems necessary to make a decision as to compliance.” at the end of the first sentence.

9.      §B(6) Add the word “Planning” before the word “Board”

10.  §C Add the word “Planning” before the word “Board” in first sentence.  Change Section reference from “10” to “9”.

11.  §C(1)(d) Add the words to check waste and water line pressure to end of sentence.

12.  §D Change the fee structure section as follows:

 

         Permit Application fees shall be as follows:

 

a.      Structures of 3,500 square feet of floor space or more: fee shall be $200. Structures designed for human habitation shall pay a permit fee of $0.10 (10-cents) per square foot of the structure’s ground coverage (footprint). 

b.     Structures with 1000 but less than 3,500 square feet of floor space: fee shall be $100. Structures not designed for human habitation (i.e. garages, decks) shall pay a permit fee of $0.05 (5-cents) per square foot of the structure’s ground coverage (footprint)

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 Sections 12 and 13.

g.      No fee shall be charged for additions or accessory structures less than 100 square feet. 

13.  §D(2) Add the word “Planning” before the word “Board’s”.

14.  §D(3) Add the word “Planning” before the word “Board on all references

15.  §E Delete words “sheet rocking” and replace with “finished interior walls are”

 

Section 8

 

1.      §A Add the word “Planning” before the word “Board” in next to last sentence.

 

Section 9

1.      Add word “Planning” before the word “Board” in last sentence of preamble.

2.      §A(2) Add the word “Planning” before the word “Board” in all references.

 

Section 10

 

1.      §D(1) - Amend the section as follows:

 

1.     Creation of an Accessory Dwelling Unit - The purpose of this provision is to permit creation of a single, subordinate accessory dwelling unit within and incidental to an existing single-family dwelling.  The creation of an subordinate accessory dwelling unit (see definition)  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.     §D(2)(c) – Add the word “dwelling” between the words “accessory” and “unit” in next to last sentence.  Add the word “unit” at end of next to last sentence.  Begin the last sentence with “The”.

3.     §D(2)(e) -  Delete the words “for five feet (5’)” and insert the words “of fifteen feet (15’)” from 2nd sentence.

4.     §D(2)(f) – Add the following words to the end of the section:  A secondary entrance shall not negate the requirement for the interior connecting doorway described above. D2c.

5.     §D(2)(g) – Delete the words “the preamble of this section” and replace with “(Section 16)” at the end of the section.

6.     §E(2) – Add the word “Planning” before the word “Board” in last sentence.

 

Section 11

 

1.Add the following language to the end of the section and shall, where required,  meet all standards described in Lamoine’s Site Plan Review Ordinance.

 

 

Section 12

 

1.      §A – Delete the words “shopping centers”.  Add the following language to the end of the section: A subdivision shall, where required, meet all conditions described in the Lamoine Site Plan Review Ordinance.

2.      §B – Delete the word “industrial” and replace with the word “other” in last sentence of section.


 

3.      §C(7)(a)(iv) – Make the following amendment to the section

 

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 Subsurface Waste Water Disposal Rules Plumbing Code, Part II, Private Sewerage Disposal Regulations," as amended.

 

4.      §C(8) Strike the word “will” and replace with the word “shall” on first reference, and strike the 2nd word “will” in section.

5.      §D(1) Add the word “Planning” before the word “Board” in the first sentence.

6.      §D(2) Add a new section 2 as follows, and re-number subsequent sections to reflect added section:  Any and all proposed amendments to an already approved subdivision shall follow in full the application procedures outlined in this section.

7.      §D(3)(a) Amend the section as follows:

 

Applicants shall submit to the Chair of the Planning Board a completed pre-application form and request to be placed on the Board's agenda at least 30 15 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; identification of any subdivision abutting the proposed subdivision; a description of the proposed activity; a statement of the uses to which any buildings will be put; and a preliminary sketch map of the site showing 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.

8.      §D(4)(a) – Amend the section so that it reads as follows:

“The application for Subdivision 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 Section 12C above.”

9.      §D(4)(b) – Strike the words “Part D 4 (d)”

10.  §D(7) – Amend the section as follows:

 

Expiration Date of Plan Approval.  Plan approval shall be void unless work thereunder is commenced within one year from the date of permit issuance and completed within two years from the date of issuance, unless an extension is granted by the Planning Board. 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.

11.  §E – The opening sentence in the paragraph is amended so that it reads:  The Plan submitted by the applicant shall contain nine (9) copies of the Application for Subdivision and all other pertinent information (one each for the permanent file, the CEO and 7 Planning Board Members and Alternates).

12.  §E(6) – Amend the section as follows:

 

Names and addresses of owners of abutting properties and location of their abutting properties, including those located across roads and streets and including entire subdivisions, indicating structures within 200 feet of the common boundary;

13.  §E(7) – Add the following language to this section: When indicating lot sizes for each lot on the Plan, the applicant shall specify total square footage and square footage of land suitable for building purposes (See Section 3D).

14.  §E(14) – Add the words “12 I” at end of section.

15.  §E(16) – Replace entire section with the following: “A topographical map of the site showing 10’ (ten foot) elevation contours.”

16.  §E(17) – Replace entire section with the following:  A list of construction items (e.g. streets, streetlights, culverts, fire hydrants, fire zone parking areas, etc.) to be completed before the sale of any lot OR within the two year life of the permit.”

17.  §E(20)(b) – Add the words “or lot owners” following the word “applicant”.

18.  §F(2)(f) – Add the words “a minimum of” before the words “50 feet”

19.  §F(2)(g) – Amend the section as follows:

 

Width of pavements shall be two 9-foot traffic lanes, and two 8-foot parking and delivery lanes;  Width of streets shall be two (2) ten (10) foot traffic lanes and two(2) two (2)  foot parking and delivery lanes abutted on the outer edges by a tapered, compacted soil with a 3 to 1 slope.

 

20.  §F(2)(h) – Strike the word “center” replace it with the word “edge”.  Strike the number “30” and replace it with the number “15”.

21.  §G(4)(a) – Strike the words “15 or more” and replace it with “12 or more

22.  §G(5)(d) – Add the word “shall” to the end of the line

23.  §G(5)(d)(i) – Add new section “i” and re-letter sections following reading “Present a cluster design (see section 13)”

24.  §(H)(1) – Amend entire section as follows:

 

1.  For all subdivisions, the size and dimensions of lots and the location of structures shall meet the following requirements which may be in addition to those set forth in Section 4I (see Section 4I):

 

a.      Each lot in the subdivision shall be required to provided a minimum of 40,000 square feet of land suitable for development within the subdivision parcel;

b.     Any subdivision of 12 or more lots or more must provide an additional 20,000 square feet for each lot in the subdivision for common recreational and open space uses (see Section 12-K-1);

c.      Any subdivision having 16 or more units or portion thereof 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.

 

25.  §H(3) – Amend entire section as follows: 

 

2.     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.

 

26.  §H(4)  - Strike the words “See Part C7” and add words “See Section 12,c,7)”

 

27.  §I(4) – (now (5))Add the word “Planning” before the word “Board” in first sentence.  Add the word “dwelling” before the word “units” in first sentence.

28.  §J(1) – Amend the section as follows:

 

1.     Where a proposed subdivision development is located in whole or in part on the Aquifer Map, Town of Lamoine, December 2002 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.

 

29.  §J(4)(a) – Amend the section as follows:

 

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. If existing groundwater quality does not meet Primary Drinking Water Standards and the subdivision is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved in order to meet the standards.

30.  §J(4)(b) – Strike the words “already exceeds” and replace them with “does not meet”.

31.  §J(5) – Strike the word “map” and replace with the word “Plan”.

32.  §J(6) – Amend the section as follows:

 

Subdivisions of for multi-family dwelling units shall provide a minimum of either 400 gallons of water per day or 4 gallons of water per minute per lot.  A certified geologist or registered professional engineer shall certify that this minimum and that amount required by Section 8 12 I above, Fire Protection, can be provided without exceeding the recharge capacity of the aquifer or unduly diminishing the quantity of groundwater available to adjacent properties.

 

33.  §L(2) – Add the words “7B” before the number “4”.

 

 

 

 

 

Section 14

 

1.      §C(2) – Strike the word “subdivision” and replace with the word “development”.

2.      §C(4)(a) – Strike the word “subdivision” and replace with the word “development”

3.      §C(6)(a) - Strike the word “subdivision” and replace with the word “development”

4.      §C(6)(a)(iii) - Strike the word “subdivision” and replace with the word “development”

5.      §C(6)(b) - Strike the word “subdivision” and replace with the word “development”

6.      §C(7) - Strike the word “subdivider” and replace with the word “developer”. Strike the word “subdivision” and replace with the word “development”

7.      §D3 – Strike the words “under D2(d) of this section and under Section 3B of this ordinance” from the last sentence.

8.      §D(4) – Add the words “and be subject to the Lamoine Site Plan Review Ordinance” to the end of the section.

9.      §D(6) – Make the following amendment to the section:

 

Expiration of Permit  - An approval granted under this ordinance shall expire if 15% of the work as measured as a percentage of estimated total cost is not commenced within one year of the date of approval, or the work does not reach substantial completion (30%) within two years.   If either of these deadlines is not met, the applicant must reapply for approval and pay the appropriate fees again. Plan approval shall be void unless work thereunder is commenced within one year from the date of issuance and completed within two years from the date of issuance, unless an extension is granted by the Board.

 

10.  §E – Add the words “(see Section 4), the Lamoine Site Plan Review Ordinance” following the words “building code”

11.  §E(3)(a) – Make the following amendment to the section:

Applicants shall submit to the Chair of the Planning Board a complete pre-application form and request to be placed on the Board's agenda at least 15 days before a regularly scheduled meeting.  Refer to section 14D2ab for items to be included in the pre-application.

12.  §E(3)(b) – Make new section “b” and re-letter subsequent sections.  New section “b” as follows:  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 for all buildings and structures and a preliminary sketch of the proposed uses including size, location, setbacks and side and rear yard widths or all structures, roadways and parking area; a preliminary description of utilities, water and sewage; and a description of any environmental, natural or historic features on the site.

13.  §E(5) Strike the number “5” and replace with “nine (9)”

14.  §E(5)(f) – Add the words “, including those across public or private roads and rights of way following the first reference to “abutting properties”.

15.  §E(5)(j) – Add a new section “j” and re-letter subsequent sections as follows:  Plans to meet all groundwater standards as set forth in Section 12,J.

16.  §E(5)(l) – Change section to read simply “A topographical map”.

17.  §E(5)(o)(2) – Change the words “septic tanks” to read “septic tank systems”

18.  §E(5)(o)(3) – Amend the section as follows:

 

If the proposed industrial structure 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.   Approval in writing by the State of Maine Department of Environmental Protection if the proposed industrial structure falls in any way within its jurisdiction.

 

19.  §E(6)(b) – add the word “or” in the first sentence following the words “dwelling units,”.

20.  §E(6)(c) – add the words “or his designee” at the end of the section.

21.  §E(6)(d) – add the word “dwelling” following the words “3 or more” in the first sentence.  Add the words “or his designee’s written” following the word “chief’s” in the last sentence of section.

22.  §E(7) – Amend the section as follows:

Expiration of Permit -- An approval granted under this ordinance shall expire if 15% of the work as measured as a percentage of estimated total cost is not commenced within one year of the date of approval, or the work does not reach substantial completion (30%) within two years.   If either of these deadlines is not met, the applicant must reapply for approval and pay the appropriate fees again  Plan approval shall be void unless work thereunder is commenced within one year from the date of issuance and completed within two years from the date of issuance, unless an extension is granted by the board.

23.  §F(2) – Strike the words “Non-Industrial Establishments” and replace with the words “Commercial and Institutional Establishments” in the noise chart.

24.  §F(2) – Strike the last sentence as follows:              Such maximum sound levels will also apply to noises created by all agricultural, excavation, construction, and maintenance activities between 7:00 a.m. and 8:00 p.m

25.  §F(7)(d) – Amend the section as follows:

Permanent (final) vegetation and mechanical erosion control measures shall be in accordance with the most stringent of the standards of set by the County Soil and Water Conservation District, or the Maine Soil and Water Conservation Commission and the Maine Department of Environmental Protection (DEP) and shall be installed as soon as practicable after construction ends starts.

26.  §F(10) – Add the words “The plan shall meet all groundwater standards set forth in Section 12J.” following the words “Ground Water Protection”.  Add the words “and above ground” before the word storage in the last sentence.

27.  §F(12) – Delete the words “town officials” and replace with “the Planning Board” on both references

28.  §F(13) – Delete the words “Plumbing Code, Part II” and replace with the words “Subsurface Wastewater Disposal Rules”.

29.  §F(15) – Delete the word “community” and replace with the word “neighborhood” in the 3rd sentence.

30.  §F(16) – Amend the section as follows:

Signs and Billboards: Signs and billboards relating to commercial or industrial use of the premises, including home occupations, shall not exceed 6 16 square feet in area, 8 feet in height from grade, and two signs per premise.  A permit must be obtained from the Code Enforcement Officer and placement of signs on a premise must be approved by the Lamoine Road Commissioner or the Maine Department of Transportation. Signs and billboards related to commercial or industrial uses not on the premises shall be prohibited except as permitted under state law.