State of Maine guidelines for municipal shoreland zoning ordinances adopted by the Board of Environmental Protection and the Land Use Regulation Commission Pursuant to the Administrative Direction of the State Planning Office

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coastal Zone
information COASTAL ZONE
center INFORMATION CENTER

E OF MAINE
GUIDELIN FOR MUNICIPAL
SHORELAND ZONING
ORDINANCES

DECEMBER 15 r 1973

Adopted by the Board of Environmental Protection and the Land Use
Regulation Commission Pursuant to the Administrative'Direction of
the State Planning Office.

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INTRODUCTION

The guidelines contained in the following pages were adopted by the Board of Environmental
Protection (BEP) and the Land Use Regulation Commission (LURC), pursuant to the mandatory
shoreland zoning and subdivision control act, Title 12 M.R.S.A. Sections 4811-4814, under
the administrative direction of the State Planning Office.

Implementation of shoreland zoning would best be fulfilled by intensive examination and
consideration of conditions at the local level by municipal officers and planning boards,
with a maximum of citizen input. Recognizing the burden this may place on towns which
have limited experience in planning or full-time personnel, BEP and LURC, under the
direction of the State Planning Office, have prepared these guidelines in model ordinance
form. A municipality could adopt this guideline ordinance to govern the 250-foot shoreland
area. The reasons for putting the guidelines in ordinance format are:

1) The ordinance format is comparatively simple, relative to other alternatives;

2) It gives communities a clear and decisive indication of what the State expects
in local ordinances, as well as the ordinance which would be imposed if a
municipality failed to act; and

3) Towns which have had relatively little experience with ordinances can
concentrate more heavily on the map portion of the ordinance, which includes
dividing the shoreland area into the various districts.

The guidelines ordinance is the minimum ordinance that will be acceptable to the State in
terms of fulfilling the purposes of the law. Communities may adopt more stringent ordinances,
or ordinances which are completely different from the guidelines provided that such ordinances
are equally or more effective in achieving the purposes of the law. Communities may want
to go beyond the minimum, and are encouraged to do so. Examples of desirable provisions
which could be added to the guidelines ordinance include:

1) A section on fees, to cover the costs of any hearings that may become necessary;

2) A list of conditions that could be attached to permits (see Section 12 B. 7, page 12);

3) A section on conflicts between the guidelines ordinance and any other ordinance,
law, or regulation, stating that, where conflicts exist, the more stringent
provisions would apply (such a provision would cover any future differences
between the sanitary standards, Section 11 (J), page 7, and the State Plumbing
Code. which is currently being revised); and

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4) A requirement that a report be prepared by a Registered Professional Engineer,
relating to sucl@ soil properties as bearing strength, subsidence, and slope
stability, for proposed commercial, industrial, or other intensive land uses
(see Section 11 (L), page 9).

The State Planning Office-Southern Maine Regional Planning Commission Model Zoning
Ordinance, and the Extension Service Model Zoning Ordinance, are good examples of
models that contain some of the above provisions, as well as additional provisions which
are not directly related to the purposes of the law, but which would improve the overall
effectiveness of the local ordinance.

While the guidelines ordinance is a minimum ordinance, allowances will be made for
changes aimed at fitting local conditions. For example, many communities may choose to
establish several districts in place of or in addition to the 3 contained in this ordinance.
The following are examples of additional changes that would be permissible, if justifiable
reasons for such changes were submitted in writing to the State Planning Office. These
changes would be subject to review by the BEP and LURC.

I Permits could be issued by a board of appeals, rather than the planning board,
particularly in those instances where a community did not have a planning
board prior to September 23, 1971 , and had not established one by ordinance
or under charter provisions since that time.

2) Cities with substantial development in the flood plain may choose to establish
flood proofing provisions, rather than to prohibit any additional construction
or reconstruction in a flood plain area already committed to development.
Communities with no flood plain area (i.e., no rivers which require shoreland
zoning) may choose not to include flood plain standards in their ordinances.

3) Coastal communities may choose to maintain the existing character of harbor
villages by not requiring a set-back, or permitting structures to be built
upon wharves (this could be accomplished by putting such areas in a general
development district, where the set-back provision does not apply, or by
establishing a harbor district or similar district specifically designed for such
areas).

4) Waterfront communities along the coast and on major rivers may choose to reduce
the minimum lot requirement for areas served by public sewers, to allow planned
unit developments or an apartment complex in limited areas where density
already exceeds the lot standards for these sewered areas.

5) The wording of various sections of the ordinance may be changed if the modified
version is equally effective in fulfilling the purposes of the law.

Additional questions concerning these guidelines may be directed to your regional planning
commission, your municipal lawyers, the State Planning Office, or the Maine Municipal
Association.

Minimum Shoreland Zoning Ordinance

Shoreland Zoning Ordinance for the Town of

Section I . Purposes

The purposes of this Ordinance are to further the maintenance of safe and healthful
conditions; prevent and control water pollution; protect spawning grounds, fish,
aquatic life, bird and other wildlife habitat; control building sites, placement of
structures and land uses; and conserve shore cover, visual as well as actual points
of access to inland and coastal waters and natural beauty.

Section 2. Applicability

The Ordinance applies to all land areas within 250 feet, horizontal distance, of
the normal high water mark of any pond, river or salt water body as defined.

Section 3. Effective Date

The effective date of this Ordinance is A certified copy of
this Ordinance shall be filed with the County Register of Deeds, according to the
requirements of State law.

Section 4. Validity and Severability

Should any section or provision of this Ordinance be declared by the courts to be
invalid, such decision shall not invalidate any other section or provision of this
Ordinance.

Section 5. Amendments

This Ordinance may be amended by a majority vote of the governing body. The
State Planning Office shall be notified by Certified Mail, of amendments to this
Ordinance, prior to the effective date of such amendments. A file of return receipts
from such mailings shall be maintained as a permanent record.

Section 6. Districts and the Zoning Map

The areas to which this Ordinance is applicable are hereby divided into the following
districts as shown on the Official Shoreland Zoning Map:

I . Resource Protection District

2. General Development District

3. Limited Resident ia I -Recreat iona I District

The Official Shoreland Zoning Map, and all future amendments thereto, is hereby
made part of and incorporated into this Ordinance.

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Section 7. Interpretation of District Boundaries

Unless otherwise set forih in the Official Shoreland Zoning Map, District boundary
lines are property lines, the centerlines of streets, roads and rights of way, and the
boundaries of the shoreland area as defined herein. Where uncertainty exists as to
exact location of District boundary lines, the Board of Appeals shall be the final
authority as to location.

Section 8. Non-Conforming Uses

A. Any lawful use of building, structures, premises, land or parts thereof existing
at the effective date of this Ordinance or amendments thereto and not in con-
formance with the provisions of this Ordinance shall be considered to be a non-
conforming use.

B. Any non-conforming use may continue and may be maintained, repaired and
improved. No such non-conforming use may be expanded, changed to another
non-conforming use, or renewed after it has been discontinued for a period of
12 calendar months or more, without a permit from the Planning Board in accor-
dance with the provisions of Section 12-B subsection 6, paragraphs a-i of this
Ordinance.

C. Any non-conforming lot of record existing before the effective date of this
Ordinance and not adjoined by other land of the same ownership may be used
in accordance with State law and section 10 of this Ordinance.

Section 9. Criteria for Establishing Districts

A. Resource Protection District

The Resource Protection District includes areas in which development would
adversely affect water quality, productive habitat, biotic systems, or scenic
and natural values. This district shall include:

I . Inland or coastal wetlands as defined in Section 13, and specifically areas
rated as moderate to high-value -waterfowl areas by the Department of Inland
Fisheries and Game, as of January I , 1973.

2. Flood plains as defined by the 100 year flood or the flood of record or, in
the absence of these, by soil types identifiable as recent flood plain soils.

3. Areas having sustained slopes greater than 25%, or unstable soil subject to
slumping, mass movement, or severe erosion, when these areas a're two acres
or more in size.

This District may also include:

4. Other significant wildlife habitat;

5. Natural sites of significant scenic or esthetic value.

6. -Areas designated by Federal, State or municipal governments as natural areas
of significance to be protected from development; and

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7. Other significant areas which should be included in this district to fulfill
the purposes of this Ordinance.'

B. General Development District

The general development district includes the following types of areas:

I . Areas of two acres or more devoted to intensive residential, recreationall
commercial or industrial activities or combinations of such activities,
including, but not limited to:

a. Transportation rights of way;
b. Communication and utility rights of way;
c. Areas used for the extraction or processing of mineral resources;
d. Areas devoted to: manufacturing, fabricating, wholesaling, warehousing
or other commercial activities;
e. Areas devoted to retail trade and service activities;
f. Areas devoted to intensive recreational development and activities;
g. Areas devoted to residential dwelling units at a density of 3 or more per
two acres.
h. Areas devoted to mixed or combined patterns of a through g above.

2. Areas otherwise discernable as having patterns of intensive residential,
recreational, commercial, or industrial uses.

C. Limited Residential -Recreational District

The Limited Residential -Recreational District includes areas other than those
included in the Resource Protection District, and which are used less intensively
than those included in the General Development'District.

Section 10. Uses

Land Uses permitted in each Districta, in conformance with the land use standards of
this Ordinance, are shown below:

K EY: Yes Allowed (no permit required)
No Prohibited -
BP Permit - Requires permit issued by the Planning Board
CEO Permit - Requires permit from Code Enforcement Officer
Subject to specific Land Use Standards, Section If

DISTRICT

Resource Limited General
Land Uses Protections Residential- Development
Recreational

I . Non-intensive recreational uses
not requiring structures, such as
hunting, fishing and hiking yes yes yes
2. Motorized vehicular traffic on
roads and trails, and snowmobiling yes yes yes

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DISTRICT - cont'd

Resource Limited General
Land Uses Protection Residential- Development
Recreational

3. Forest management o@tivities
except for timber harvesting yes yes yes
4. Timber harvesting * CEO permit yes yes
5. Fire prevention activities yes yes yes
6. Wildlife management practices yes yes yes
7. Soil & water conservation practices yes yes yes
8. Mineral exploration * yes yes yes
9. Surveying and Resource analysis -yes yes yes
10. Emergency operations as defined _yes yes yes
11. Harvesting of wild crops yes yes yes
12. Agriculture * PB permit yes yes
13. Principal structures *
Residential dwelling units no PB permit PB permit
Commercial structures no no PB permit
Industrial structures no no PB permit
14. Structures accessory to permitted
uses CEO permit CEO permit yes
15. Road construction PB permit yes yes
16. Small non-residential facilities
for educational, scientific or nature
interpretation purposes PB permit yes yes
17. Public and private parks and
recreation areas involving minimal
structural development PB permit yes yes
18. Campgrounds no PB permit PB permit
19. Piers, docks, wharves, breakwaters,
causeways, marinas, bridges over 20 ft.
in length, and uses projecting into water
bodies.
Temporary CEO permit CEO permit CEO permit
Permanent PB permit PB permit PB permit
20. Clearing for approved construction CEO permit yes yes
21 . Essential services accessory to
permitted uses yes yes yes
22. Private sewage disposal systems no CEO permit CEO permit
23. Public utilities, including sewage
collection & treatment facilities---- PB permit PB permit PB permit
24. Signs yes yes yes
25. Filling or other earth-moving
activity of less than 10 cubic yds CEO permit yes yes
26. Filling or other earth-moving
activity of more than 10 cubic yds PB permit CEO permit CEO permit
27. Uses similar to permitted uses CEO permit CEO permit CEO permit
28. Uses similar to uses requiring
a CEO permit CEO permit CEO permit CEO permit
29. Uses similar to uses requiring a
PB permit PB permit PB permit PB permit

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Section 11 Land Use Standards

All land use activities shall conform to the following applicable land use standards:

A. Agriculture

1. All spreading or disposal of manure shall be accomplished in conforma 'nce
with the "Maine Guidelines for Manure and Manure Sludge Disposal on
Land" published by the University of Maine and the Maine Soil and Water
Conservation Commission, in July 1972 or subsequent revisions thereof.

2. There shall be no tilling of soil within 50 feet of the normal high water
mark of any lake or pond whose shorelands are covered by this Ordinance.

3. Where soil is tilled in a Resource Protection District, or where soil in
excess of 20,000 sq'. ft. lying either wholly or partially within the area
covered by this Ordinance is tilled in a General Development District or
a Limited Residential-Recreational District, such tillage shall be carried
out in conformance with the provisions of a Conservation Plan which meets
the standards of the State Soil and Water Conservation Commissiont and is
approved by the appropriate Soil and Water Conservation District. The
number of the plan shall be filed with the Planning Board. Nonconformance
with the provisions of such Conservation Plan shall be considered to be a
violation of this Ordinance.

B. Beach Construction

Beach construction on any great pond or coastal wetland shall require a permit
from the Department of Environmental Protection. Beach construction on any
river, stream, or brook capable of floating watercraft shall require approval from
the Commissioner of the Department of Inland Fish & Game, as required by law.

C. Campgrounds

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

1. Camping areas shall contain a minimum of 5,000 square feet of suitable land,
not including roads and driveways, for each site.

2. The area intended for placement of the recreational vehicle, tent, or shelter
and utility and service buildings, shall be set back a minimum of 75 feet from
the normal high water mark of any pond, river, or salt water body as defined.

D. Clearing

Clearing_of trees and conversion to other vegetation is permitted for approved
construction and landscaping. Where such clearing extends to the shoreline, a
cleared opening or openings not greater than 30 feet in width for every 100 feet
of shoreline ( measured along the normal high water mark) may be created in the

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strip extending 50 feet inland from the normal high water mark and paralleling
the shoreline. Where natural vegetation is removed,- it shall be replaced with
other vegetation,that is equally effective in retarding erosion and preserving.
natural beauty.

E. Erosion and Sedimentation Control

Fil1ling, grading, lagooning, dredging, earth-moving activities, and other land
use activities shall be conducted in such manner to prevent to the maximum extent-
possible, erosion and sedimentation of surface wate"rs. To this end, all construction
shall be accomplished in conformance with the erosion prevention provisions 6f
"Environmental Quality Handbook Erosion and Sediment Control", published by
the Maine Soil and Water Conservation C-ommission.

F. Mineral Exploration

Mineral exploration to determine the nature or extent of mineral resources shall
be accomplished by hand sampling, test boring, or other methods which create
minimal disturbance. A permit from the Planning Board shall be required for
mineral exploration which exceeds the above limitations.

G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet
in length, and Uses Projecting into Water Bodies.

In addition to federal or state permits which may be required for such structures
and uses, they shall conform to the following:

1. Access from shore shall be developed on soils appropriate for such use and
constructed so as to control erosion.

2. The location shall not interfere with developed beach areas.

3. The facility shall be located so as to minimize adverse effects on fisheries.

4. The facility shall be no larger in dimension than necessary to carry on the
activity and be consistent with existing conditions, use, and character of
the area.

H. Residential Lot Standards

1. Lots shall meet or exceed the following minimum requirements:

Without Sanitary Sewers With Sanitary Sewers

20,000 square feet lof 000 square feet

2. If more than one residential dwelling unit is constructed on a single parcel,
the minimum lot size requirement shall be met for each additional dwelling
unit.

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3. A lot abutting a lake, pond, river, stream or tidal water shall have a
minimum shore frontage of 100 feet, measured in a straight line between
the points of intersection of the side lot lines with the shoreline at
normal high water elevation.

4. Structures shal I not cover more than 20% of any lot.

Road Construction

1 . Roads shall be located, constructed, and maintained in such a manner that
minimal erosion hazard results. Adequate provision shall be made to prevent
soil erosion and sedimentation of surface waters. All roads shall be located,
constructed and maintained in conformance with the erosion prevention pro-
visions of "Permanent Logging Roads for Better Woodlot Management" published
by the Division of State and Private Forestry, Forest Service Northeastern Area,
U.S. Department of Agriculture in 1973 or subsequent revisions thereof.

2. Additionally, all roads constructed shall conform with the following standards:

a. Road crossings of watercourses shall be kept to the minimum number
necessary;
b. Bottoms of culverts shall be installed at streambed elevation;
c. Al I cut or fill banks and areas of exposed mineral soil shall be revegetated
r
or otherwise stabilized as soon as possible; and
d. Bridges or culverts of adequate size and design shall.be provided for all
road crossings of watercourses which are to be used when surface waters
are unfrozen. The requirement for a bridge or culvert may be waived by
obtaining a permit from the Planning Board.

J. Sanitary Standards

1 . Subsurface Sewage Disposal

A. Soil Conditions

1 . All subsurface sewage disposal systems shall be located in areas of
suitable soil of at least 1,000 square feet in size.

2. All subsurface sewage disposal systems shall be located in soils
having characteristics allowing them to be rated as having "slight"
or "moderate" limitations for the proposed use in the current
"Statewide Set of Maine Soil Descriptions and Interpretations"
published by the U.S. Department of Agriculture, Soil Conservation
Service.

3. The determination of soil suitability- shall be based on a soils report
prepared by a State-certified soil scientist or geologist, based on an
on-site investigation and soil observation to a minimum depth of five
feet. Suitability considerations shall be based primarily on criteria
employed in the National Cooperative Soil Survey as modified by
on-site factors such as depth to water table and depth to refusal .

B Setbacks

The minimum setback for underground sewage disposal facilities from
the normal high water mark of a waterbody shall be no less than 100
horizontal feet. Where daily sewage flow exceeds 2,000 gallons, the
minimum setback shall be 300 feet from any shoreline. All other set-
back requirements of the State Plumbing Code shall be met in Wt.
Setbacks from shorelines for all subsurface sewage disposal facilities
shall not be reduced by variance.

2. Privies

Privies may be permitted'in areas not served by community sewer facilities
under the following conditions:

A. No plumbing of any kind shall be connected to or discharged into the
privy pit.

B. The privy shall be located at a minimum horizontal distance of 100 feet
from the normal high water mark of a waterbody.

C. The bottom of the privy pit shal I be at least two feet above bedrock and
the ground water table at its highest point during the year or have a water-
tight vault.

D. Privies shall not be permitted on recent flood plain soils.

3. Other Systems

Other systems of sanitary waste disposal may be permitted after approval by
the Maine Department of Health and Welfare, and after a permit has been
issued by the Planning Board.

K. Signs

The following provisions shall govern the use of signs in the Resource Protection
and Limited Residential -Recreational Districts:

1. Signs and billboards relating to goods and services sold on the premises shall
be permitted, provided such signs shall not exceed six (6) square feet in area,
and shall not exceed two (2) signs per premises. Billboards and signs relating
to goods and services not rendered on the premises shal I be prohibited.

2. Name signs shall be permitted, provided such signs shall not exceed two (2)
signs per premises.

3. Residential users may display a single sign not over three (3) square feet in
area relating to the sale, rentalf or lease of the premises.

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4. Signs relating to trespassing and hunting shall be permitted without restriction
as to number provided that no such sign shall exceed two (2) square feet in area.

5. No sign shall extend higher than twenty (20) feet above the ground.

6. Signs may be illuminated only by shielded, non-flashing. lights.

L. Soils

I . All land uses.shall be located on soils in or upon which the proposed uses or
structures can be established or maintained without causing adverse environ-
mental impacts, including severe erosion, mass soil movement, and water
pollution, whether during or after construction. Proposed uses requiring
subsurface waste disposal, and commercial or industrial development and
other similar intensive land uses, shal I require a soi Is report, prepared by a
State-certified soil scientist or geologist based on an on-site investigation.
Suitability considerations shal I be based primarily on criteria employed in
the National Cooperative Soil Survey as modified by on-site factors such as
depth to water table and depth to refusal.

M. Structures

1 . All principal structures in the Resource Protection and Limited Residential-
Recreational Districts shall be set back at least 75 feet from the normal high
water mark of any pond, river, or salt water body as defined.

2. The first floor elevation or openings of all buildings and structures shall be
elevated at least two feet above the elevation of the 100 year flood, the flood
of record or, in the absence of these, the flood as defined by soil types
identifiable as recent flood plain soils.

N. Timber Harvesting

I . No substantial accumulation of slash shall be left within fifty (50) feet of the
normal high water mark of any pond, river, or salt water body as defined. -At
distances greater than fifty (50) feet from the normal high water mark of such
waters and extending to the limits of the area covered by this Ordinance, all
slash shall be disposed of in such a manner that it lies on the@ ground and no
part thereof extends more than four feet above the ground.

2. Skid trails, log yards, and other sites where the operation of logging machinery
results in the exposure of substantial areas of mineral soil shall be located such
that an unscarified filter strip is retained between the exposed mineral soil and
the normal high water mark of any pond, river, or salt water body as defined.
The width of this strip shall vary according to the average slope of the land as
fo I I ows:

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Average Slope of Land Width of Strip Between
Between Exposed Mineral Exposed Mineral Soil and
Soil and Normal High Normal High Water Mark
Water Mark (percent) (Feet along Surface of the Ground)

0 25
10 45
20 65
30 85
@40 105
50 125
60 145
70 165

3. Harvesting operations shall be conducted in such a manner and at such a
time that minimal soil disturbance results. Adequate provision shal I be
made to prevent soil erosion and sedimentation of surface waters.

4. Harvesting operations shall be conducted in. such a manner that a well-
distributed stand of trees is retained.

5. Harvesting activities shall not create single openings greater than seven
thousand five hundred (7,500) square feet in the forest canopy.

6. In any stand, harvesting shall remove not more than forty (40) percent of
the volume of trees in any ten (10) year period. For'the purpose of these
standards, a stand means a contiguous group of trees, sufficiently uniform
in species, arrangement of age classes, and conditions, to be identifiable
as a homogeneous and distinguishable unit.

7. Timber harvesting operations not in conformance with 2, 4, 5, and 6 above
may be allowed by the Planning Board upon approval of a permit granted in
accordance with the provisions of Section 12-B subsection 6, paragraphs a-i
upon a clear showing by the applicant that such an exception is necessary
for proper timber management.

0. Water Quality Protection

No activity shal I locate, store, discharge, or permit the discharge of any
treated, untreated, or inadequately treated liquid, gaseous, or solid,materials
of such nature, quantity, obnoxiousness, toxicity, or temperature that run off,
seep, percolate, or wash into surface or ground waters so as to contaminate,
pollute, or harm such waters or cause nuisances, such as objectionable *shore
deposits, floating or submerged debris, oil or scum, color, odor, taste, or
unsightliness or be harmful to human, animal, plant, or aquatic life.

Section 12. Administration

A. Creation of Administering Bodies and Agents.

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1 Code Enforcement Officer

A Code Enforcement Officer shol I be appointed by the Municipal Officers.

2. Board of Appeals

There is hereby created the Board of Appeals of the Town of
pursuant to the provisions of State law.

B. Permits

I . Permits Required

After the effective date of this' Ordinance no peyson shall engage in any use of
land requiring a permit in the district in which it would occur, or expand or
change an existing non-conforming use, or renew a discontinued nonconforming
use without first obtaining a permit.

2. Permit Application

Applications for permits shall be submitted in writing. The Code Enforcement
Officer or Planning Board may require the submission of whatever information
is necessary to determine conformance with the provisions of this Ordinance.

3. Plumbing Permit Required Prior to Buildinq Permit

No building permit shall be issued for any structure or use involving the
constructiont installation or alteration of plumbing facilities unless a permit
for such facilities has been secured by the applicant or his authorized agent,
according to the requirements of this Ordinance.

4. Approval of Permits

Permits shall not be denied if the proposed use is found to be in conformance
with the provisions of this Ordinance. All permits shall either be approved
or denied within 60 days of receipt of a completed application, including al I
information requested.

5. Permits Issued by Code Enforcement Officer

The Code Enforcemen't Officer shall approve or deny those applications on
which he is empowered to act as shown in Section 10. Approval shall be
granted only if the proposed use is in conformance with the provisions of
this Ordinance.

6. Permits Issued by Planning Board'

The Planning Board shall approve or deny those applications on which it is
empowered to act as stated in this Ordinance. The Planniing Board may,
after the submission of a complete application including all information
requested, grant a permit if it makes a positive finding based on the

information presented to it that, except as specifically exempted in this
Ordinance, the proposed use:

a. Will not result in unsafe or unhealthful conditions;
b. Will not result in erosion or sedimentation;
c. Will not result in water pollution;
Will not result in damage to spawning grounds, fish, aquatic life,
bird and other wildlife habitat;
e. Will conserve shoreland vegetation;
f. Will conserve visual points of access to waters as viewed from public
facilities;
g. Will conserve actual points of public access to waters;
h. Will conserve natural beauty;
i. Will avoid problems associated with flood plain development and use;
and
j. Is in conformance with the provisions of Section 11 , Land Use Standards.

7. Conditions

Permits granted under this Section may be made subject to reasonable conditions
to ensure conformity with the purposes and provisions of this Ordinance.

C. Appeals and Variances

1 . Variances

A copy of all variances granted by the Board of Appeals shall be submitted to
the State Planning Office. The Board of Appeals may, upon written application
of the affected landowner, grant a variance from the strict application of the
Ordinance under the following conditions:

a. The strict application of the terms of this Ordinance would result in
undue hardship to the applicant;
b. The hardship is not the result of action taken by the applicant or a
prior owner; and
c. The Board of Appeals, based on clear and convincing evidence
presented to it, makes a finding that the proposed use would meet
the provisions of Section 12-B, subsection 6, paragraphs a-i.

A variance is authorized only for lot area, lot coverage by structures, and
setbacks. A variance shall not be granted to permit a use or structure
otherwise prohibited.

2. Appeals to Board of Appeals

The Board of Appeals may, upon written application of an aggrieved party and
after public notice, hear appeals from determinations of the Planning Board or
Code Enforcement Officer in the administration of this Ordinance. Such hearings
shall be held in accordance with State laws. Following such hearing, the Board
of Appeals may ro/erse the decision of the Planning Board or Code Enforcement
Officer only upon a finding that the decision is clearly contrary to specific
provisions of this Ordinance.

3. Appeal to Superior Court

d by
An appeal may be taken within thirty days after any decision is rendere
the Board of Appeals, by any party to Superior Court in accordance with
State law.

D. Enforcement

I Nuisances

Any violation of this Ordinance shall be deemed to be a nuisance.

2. Code Enforcement Officer

It shall be the duty of the Code Enforcement Officer to enforce the provisions
of this Ordinance. If the Code Enforcement Officer shal I find that any pro-
vision of this Ordinance i 's being violated, he shall notify in writing the
person responsible for such violation,,indicating the nature of the violation
and ordering the action necessary to correct it, including discontinuance of
illegal use of land, buildings, structures, or work being done, removal of
illegal buildings or structures, and abatement of nuisance conditions. A
copy of such notices shall be maintained as a permanent record.

3. Lego I Actions

When the above action does not result in the correction or abatement of the
violation or nuisance condition, the Municipal Officers, upon notice from
the Code Enforcement Officer, are hereby authorized and directed to institute
any and all actions and proceedings, either legal or equitable, including
seeking injunctions of violations and the imposition of fines, that may be
appropriate or necessary to enforce the provisions of this Ordinance in the
name of the municipality.

4. Fines

Any person who continues to violate any provision of this Ordinance after
receiving notice of such violation shall be guilty of a misdemeanor subject
to a fine of up to $100.00 for each violation. Each day such a violation
is continued is a separate offense.

Section 13. Definitions

Terms not defined herein shall have the customary diction ary meaning. As used in this
Ordinance, the following definitions shall apply:

Water Related Terms

A. Pond

Any inland body of water which has a surface area in excess of 10 acres,
except where such body of water is man-made and in addition is completely

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surrounded by land held by a single owner, and except those privately owned
ponds which are held primarily as waterfowl and fish breeding areas or for
hunting and fishing.

B. River

Any free flowing body of water from that point at which it provides- drainage
for a watershed of 25 square miles to its mouth.

C. Normal High Water Mark of Coastal Waters

That line on the shore of tidal waters reached by the shoreward limit of the
rise of the medium tides between the spring and the neap.

D. Normal High Water Mark of Inland Waters

That line on the shores and banks of non-tidal waters which is apparent
because of the contiguous different 'Character of the soil or the vegetation
due to the prolonged action of the water. Relative to vegetation, it is that
line where the vegetation changes from predominantly aquatic to predominantly
terrestrial (by way of illustration, aquatic vegetation includes but is not
limited to the following plants and plant groups - water lily, pond lily,
pickerelweed, cattail, wild rice, sedges, rushes, and marsh grasses; and
terrestrial vegetation includes but is not limited to the following plants and
plant groups - upland grasses, aster, lady slipper, wintergreen, partridge
berry, sasparilla, pines, cedars, oaks, ashes, alders, elms, and maples). In
places where the shore or bank is of such character that the high water mark,
cannot be easily determined (rockslides, ledges, rapidly eroding or slumping
banks) the -normal high water mark shal I be estimated from places where it
,can be determined by the above method.

Forest Management Terms

E. Forest Management Activities

Timber cruising and other forest resources evaluation activities, manage-
ment planning activities, insect and disease control, timber stand improve-
ment, pruning, timber harvesting and other forest harvesting, regeneration
of forest stands, and other similar associated activities, but not the con-
struction or creation of roads.

F. Timber Harvesting

The cutting and removal of trees from their growing site, and the attendant
operation of cutting and skidding machinery but not the construction or
creation of roads. Timber harvesting does not include the clearing of land
for approved construction.

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Road Terms

G. Road

A route or track consisting of a bed of exposed mineral soil, gravel, asphalt,
or other surfacing material constructed for or created by the repeated passage
of motorized vehicles.

Wetland Terms

H Coastal Wetland

Any swamp, marsh, bog, beach, flat or other land above extreme low water
71 which is subject to tidal action.

1. Inland Wetland

Areas enclosed by the normal high water mark of inland waters and areas
otherwise identified on the basis of soils, vegietation, or other criteria as
inland wetlands including but not limited to swamps, marshes or bogs.

Structure Terms

J. Structure

Anything built for the support, shelter, or enclosure of persons, animals,
goods, or property of -any kind.

K. Principal Structure

The structure in which the primary use of the lot is conducted.

L. Accessory Structure

A structure of a nature customarily incidental or subordinate to that of the
principal structure or the primary use to which the premises are devoted.

M . Residential Dwelling Unit

A room or group of rooms designed and equipped exclusively for use as
permanent, seasonal, or temporary living quarters for only one family.
The term shall include mobile homes.

N. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges Over
20 Feet in Length, and Uses Projecting Into Water Bodies.

Temporary: Structures which remain in the water for less than seven
months in any period of twelve consecutive months. -

Permanent: Structures which remain in the water for seven months or
more in any period of twelve consecutive months.

0. Aggrieved Party

A person whose land is directly or indirectly affected by the grant or denial
of a permit or variance under this Ordinance, a person whose land abuts
land for which a permit or variance has been granted, or a group of five
or more citizens of the municipality who represent an interest adverse to
the grant or denial of such permit or variance.

P. Emergency Operations

Emergency operations shall include operations conducted for the public health,
safety or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement, and operations to rescue human beings
and livestock from the threat of destruction or injury.

Q. Recent Flood Plain Soils

Recent flood plain soils include the following soils as described and identified
by the National Cooperative Soil Survey:

Alluvial land
Hadley silt loam
Limerick silt loam
Ondawa fine sandy loam
Podunk fine sandy loam
Rumney fine sandy loam
Saco silt loam
Suncook loamy sand
Winooski silt loam

R. Privy

A pit in the ground into which human excrement is placed.

S. Essential Services

Gas, electrical, communication facilities, steam, fuel or water supply,
transmission, or distribution systems.

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,NOAA,COASTAL SERVICES CTR LIBRARY
DEC 3 11974 COAST ZONE 3 6668 14112831 6
113HRM 01 CENTER
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