LAND USE ORDINANCE FOR THE SHORELANDS

OF THE

TOWN OF CRANBERRY ISLES, HANCOCK COUNTY, MAINE

TO: Irene Bartlett, Town Clerk

We certify this Land Use Ordinance for the Shorelands of
Town of Cranberry Isles, Hancock County, Maine as
approved by vote at the 1992 Annual Town Meeting.

(signed March 9, 1992)
Maurice Phillips
Carl Strandberg
David Thomas

Selectmen of Cranberry Isles

As amended: March 9, 1992

TABLE OF CONTENTS

LAND USE ORDINANCE FOR THE SHORELANDS
OF THE TOWN OF CRANBERRY ISLES, HANCOCK COUNTY, MAINE

SECTION I. AUTHORITY
This ordinance has been prepared in accordance with the provisions of Title 38 Sections 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.).

SECTION II. PURPOSE
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; to protect buildings and land from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover and visual as well as actual points of access to coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

SECTION III. APPLICABILITY
This ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high water line of any saltwater body; within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; and within 75 feet, horizontal distance, of the normal high water line of a stream. This ordinance also applies to any structure built on, over, or abutting a dock, wharf or pier, or other structure extending beyond the normal high water line of a water body or within a wetland. This ordinance becomes effective immediately upon enactment.

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SECTION IV. AVAILABILITY, SEVERABILITY, CONFLICTS WITH OTHER ORDINANCES

Availability

A certified copy of this ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this ordinance shall be posted.

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 the ordinance.

Conflicts with Other Ordinances

Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.

SECTION V. AMENDMENTS
A. Amendments of this ordinance may be made only by a majority vote of the eligible voters present and voting at any regular or special town meeting, and only under the following conditions:

1. The Planning Board shall have held a public hearing on the proposed change, after 14 days notice in a local newspaper, and posting notice in a public place on Great and Little Cranberry Islands.
   
2. The Planning Board shall have reported in writing to the Selectmen its opinion as to the desirability of the proposed change. If the Planning Board has not submitted its report within 30 days following the public hearing, its concurrence with the proposed change shall be assumed.
   

B. The Planning Board shall hold the public hearing prescribed above within 30 days after a proposed amendment to this ordinance has been presented to the Planning Board by the Selectmen or by a petition signed by not less than 10 registered voters of the town.

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C. Copies of amendments, attested and signed by the Town Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption. If the Commissioner fails to act on any amendment within 45 days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the town within the 45 day period shall be governed by the terms of the amendment if such amendment is approved by the Commissioner.

SECTION VI. EXISTING USES, EXPANSIONS, SUSPENSION OR DISCONTINUANCE, CHANGE OF OWNERSHIP, NON-CONFORMING LOTS
A. Present Uses Permitted - Any existing building or premise in the town devoted to lawful use at the time of adoption of this ordinance may continue in such use. A non-conforming building or structure may be repaired, maintained or improved; or should it become unsafe or destroyed, replaced.

B. Non-conforming Structures

1. Expansions: A non-conforming structure shall not be added to or expanded unless such addition or expansion conforms to all of the regulations of the districts in which it is located and does not increase the non-conformity of the structure, unless a variance is obtained in accordance with the requirements of Section XII.

Furthermore:

1. The total of all the additions and enlargements of any structure which does not meet the required setback from the normal high-water line shall not exceed 30% of the volume or floor area of the structure, whichever is less, as of the date of adoption of this ordinance.
2. No structure or portion of any structure which is less than the required setback from the normal high-water line may be expanded toward the water except for certain structures which meet the definition of functionally water dependent use.
3. A non-conforming structure in the Resource Protection District may not be expanded.
4. The addition of a deck or patio shall constitute an expansion of a non-conforming structure and shall not be constructed so as to reduce the setback of a structure from the normal high-water line.
5. Construction or expansion of a foundation under an
   
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   existing dwelling which expands habitable space shall be subject to the requirements of paragraphs a. through c. above.
6. Expansions of non-conforming structures shall be subject to the State Plumbing Laws (Title 30-A. M.R.S.A. Section 4221, Subsection 3) requiring documentation of wastewater disposal capabilities.

C.1. Reconstruction or Replacement - Any non-conforming structure or portion thereof which is located less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed, or damaged or destroyed by intentional means by the property owner, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within one year of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.

Any non-conforming structure which is damaged or destroyed by natural causes such as flood or fire, excluding normal maintenance and repair, may be reconstructed in place with a permit from the code enforcement officer.

In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Planning Board shall consider in addition to the criteria in paragraph C.2. below, the physical condition and type of foundation present, if any.

C.2. Relocation - A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all shoreline setback requirements to the greatest practical extent as determined by the Planning board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures

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on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. In any consideration for relocation of structures no new non-conforming conditions shall be created.

D. Change of Ownership - Ownership of land and structures which become non-conforming because of this ordinance may be transferred and the new owner may continue the non-conforming use subject to the provisions of this ordinance.

E. Change of Use of a Non-conforming Structure - The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse Impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

F. Non-conforming Lots - For the purposes of this ordinance, a lot is defined as all contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road shall be considered each a separate lot unless such road was established by the owner of the land on both sides thereof. A single lot of record at the effective date of this ordinance, or of subsequent amendments thereto, which does not meet the area or frontage requirements of this ordinance, may be used as permitted for the district in which it is located, provided such lot is not contiguous with any other lot in the same ownership, and provided that all other provisions of this ordinance have been met. A single lot may not be divided in any manner to create one or more non-conforming lots.

G. Non-conforming Lots

1. Non-conforming Lots: A non-conforming lot of record as of the effective date of this ordinance or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this ordinance
   
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   except lot size and frontage can be met. Variances relating to setback or other requirements not involving lot size or frontage shall be obtained by action of the Board of Appeals.
   
   
2. Contiguous Built Lots: If two or more contiguous lots or parcels are in a single or Joint ownership of record at the time of adoption of this ordinance, if all or part of the lots do not meet the dimensional requirements of this ordinance, and if a principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law and Subsurface Wastewater Disposal Rules are complied with.
   
   If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with.
   
   When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this ordinance.
   
   
3. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are in a single or Joint ownership of record at the time of or since adoption or amendment of this ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.

SECTION VII. CRITERIA FOR ESTABLISHING DISTRICTS

A. The areas to which this ordinance is applied are hereby divided into five districts as shown on the official shoreland zoning maps which are made a part of this Ordinance. The municipal clerk shall be the custodian of the maps. Any amendments to the map shall be made in accordance with Section V.

Resource Protection
Low Density Residential
Mixed Residential
Business
Water Dependent Commercial/Residential

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B. Resource Protection District

1. Purpose: - To protect areas where development would adversely affect water quality, productive habitat, biological ecosystems or scenic and natural values; to protect areas of two or more contiguous acres supporting wetland vegetation and hydric soils which are not part of a freshwater or coastal wetland as defined and which are not surficially connected to a water body during normal spring high water; and to protect areas subject to soil erosion.

C. Low Density Residential District

1. Purpose - To provide for low density residential and non-commercial recreation uses in areas of moderate environmental sensitivity where possible adverse impacts of such activities can be mitigated by application of sound land use standards. Certain low intensity functionally water-dependent uses compatible with surrounding ecosystem may also be located in this district.

D. Mixed Residential District

1. Purpose - To provide for medium density residential, and compatible commercial, public and semi-public uses; to protect the sources of value and insure adequate opportunity for the disposal of sewage without the installation of public water and sewage facilities; and to control population density and preserve the desirable and attractive nature of the islands.

E. Business District

1. Purpose - To provide a location where commercial and industrial activities of a nature practiced and suited to the islands may be conducted on land best suited and presently so used with a minimum of control.

F. Water Dependent Commercial/Residential District

1. Purpose - To provide for the development of commercial uses that are functionally water dependent and associated with traditional fisheries and maritime activities. Low density residential development is also allowed in recognition of the existing mixed pattern of development in those areas of commercial fisheries and maritime activities.

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SECTION VIII. USES PERMITTED

KEY

YES - Allowed (no permit required, but the use must comply with all applicable land use standards)

NO - Prohibited

PB - Requires permit issued by the Planning Board

CEO - Requires permit issued by the Code Enforcement Officer

LPI - Requires permit issued by the Local Plumbing Inspector

NOTE: ANY INDIVIDUAL ENGAGED IN ANY LAND USE OR STRUCTURAL USE ACTIVITY IN THE SHORELAND ZONES DESCRIBED IN THIS ORDINANCE IS RESPONSIBLE FOR OBTAINING ALL NECESSARY TOWN, STATE AND FEDERAL PERMITS, AND FOR ABIDING BY THE PERFORMANCE STANDARDS CONTAINED IN THIS ORDINANCE.

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FOOTNOTES TO PERMITTED USES MATRIX

1/ may include clustering of single family dwelling units provided the land use standards in this Ordinance have been applied

2/ allowed only when part of a mixed use structure where the principal use, defined as more than 50% of the usable floor space, is commercial in nature

2*/ same as above, only that the part is functionally water dependent in nature

3/ provided all applicable set back, lot size, and frontage requirements have been met

4/ allowed only when part of a mixed use structure where the principal use, defined as more than 50% of the usable floor space, is commercial in nature

4*/ same as above, only that the part is functionally water dependent in nature

5/ allowed only to provide a combination of residential and commercial or other less intensive uses

5*/ allowed only to provide a combination of residential and functionally water dependent uses

6/ provided that the proposed use meets all land use standards, set back, lot size, and frontage requirements of this Ordinance

7/ provided that the proposed use meets the definition of functionally water-dependent uses contained in this Ordinance

8/ provided that the proposed use meets the definition of marina as contained in this Ordinance

9/ permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, M.R.S.A., Section 480-C

10/ home occupations which are non-intensive, temporary, or involve no structural alterations, may be permitted without a permit, but shall require submission requirements on notification of use forms provided by the town PB/CEO

11/ no impervious surfaces, gravel & similar fill permitted

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12/ providing that the proposed clearing meets the land use standards set forth in this Ordinance

13/ mineral exploration disturbing over 100 sq.ft. in total surface area requires a CEO permit

14/ the State of Maine Solid Waste Laws, Title 38, M.R.S.A., Section 1310, Chapter 404 of DEP's regulations may contain other applicable provisions regarding disposal of agricultural materials

ABBREVIATIONS
RP- Resource Protection
MR- Mixed Residential
LDR- Low Density Residential
BUS- Business
WDCR - Water Dependent Commercial/Residential

SECTION IX. AREA, SETBACK AND COVERAGE MINIMUMS

A. Resource Protection District

1. Minimum lot size: 2 acres
2. Minimum frontage on abutting shore: on shore 250 feet
3. Maximum land area covered by buildings, including accessory buildings, parking lots and other non-vegetated surfaces: 15%
4. Setbacks for buildings:
   - from normal high water, 100 feet
   - from center line of town roads, 25 feet
   - from any other property lines, 25 feet
   - from the upland edge of wetlands, marshes and areas readily eroded: 75 feet
5. Height restriction for principal and accessory structures: 2 1/2 stories; not [no] part higher than 35 feet

B. Low Density Residential District

1. Minimum lot size: 2 acres.
2. Minimum frontage on abutting shore: on shore 250 feet
3. Maximum land area covered by buildings, including accessory buildings parking lots and other non-vegetated surfaces: 15%
4. Setback for buildings:
   - from normal high water, 100 feet
   - from center line of town roads, 25 feet
   - from any other property lines, 25 feet
   - from the upland edge of wetlands, marshes and areas readily eroded, 75 feet

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5. Minimum distance between principal buildings on the same lot, 30 feet
6. Height restriction for principal and accessory structures: 2 1/2 stories, no part higher than 35 feet

C. Mixed Residential District

1. Minimum lot size: 1 acre
2. Minimum frontage on abutting shore: on shore, 200 feet
3. Maximum area of lot covered by buildings, including accessory buildings, parking lots and other non-vegetated surfaces: 20%
4. Setbacks for buildings
   - from normal high water, 75 feet
   - from center line of town roads, 25 feet
   - from any other property lines, 25 feet
5. Minimum distance between principal and accessory [erroneous line starts here] structures: 2 1/2 stories, no part higher than 35 feet [erroneous line ends here]
6. Height restriction for principal and accessory structures: 2 1/2 stories, no part higher than 35 feet

D. Business District:

1. Minimum lot size: 40,000 sq. feet, except for functionally water dependent uses
2. Minimum frontage on abutting shore: on shore 200 feet, except for functionally water dependent uses
3. Maximum area of lot covered by buildings, including accessory buildings, parking lots and other nonvegetated surfaces: 70%
4. Setbacks for buildings (except for functionally water dependent uses):
   - from normal high water, 75 feet
   - from the centerline of town roads, 20 [feet, presumably]
   - from any other property lines, 10 feet
5. Minimum distance between principal buildings on the same lot: 15 feet
6. Height restriction for principal and accessory structures: 2 1/2 stories, no part higher than 40 feet
7. Other conditions:
   
   1. Those who choose to live in the business district shall have no cause for complaint because of the commercial or industrial activities legally permissible herein.
   2. All business and industry shall provide its own water supply and its own sewage and waste disposal.

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E. Water Dependent Commercial/Residential District:

1. Minimum frontage on abutting shore: on shore 75 feet
2. Maximum area of lot covered by buildings, including accessory buildings, parking lots and other non-vegetated surfaces: 70% for functionally water dependent uses, 70% for mixed use, 20% residential use.
3. Setbacks for buildings (except for functionally water dependent uses):
   - from normal high water, 100 feet
   - from center line of town roads, 25 feet
   - from any other property lines, 25 feet
4. Minimum distance between principal buildings on the same lot: 15 feet
5. Height restriction for principal and accessory structures: 2 1/2 stories, no part higher than 40 feet
6. Parking setbacks for functionally water dependent uses, 25 feet from normal high water
7. Minimum frontage for residential uses shall be 200 feet on the abutting shore
8. Minimum lot size for residential uses shall be 1 acre

SECTION X. LOTS

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the frontage requirement for a lot with the proposed use.

If more than one residential dwelling unit or more than one principal commercial or industrial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling or principal structure.

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SECTION XI. LAND USE STANDARDS

A. Agriculture

1. All spreading or disposal of manure shall be accomplished in conformance 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. Manure shall not be stored or stockpiled within seventy-five (75) feet, horizontal distance, of other water. Within five (5) years of the effective date of this ordinance all manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Existing facilities which do not meet the setback requirement may remain, but must meet the no discharge provision within the above five (5) year period.
2. There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, from any salt water; nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.
3. Agricultural activities involving tillage of soil greater than twenty thousand (20,000) square feet in surface area, or the spreading, disposal or storage of manure within the shoreland zone shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this ordinance.
   
   Assistance in preparing a soil and water conservation plan may be available through the local Soil and Water Conservation District office.

B. Beach Construction

Beach construction on any freshwater wetland, stream, brook or coastal wetland shall require a permit from the Department of Environmental Protection.

C. Campgrounds and Individual Campsites

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

1. One campsite per lot existing on the effective date of this ordinance, or thirty thousand (30,000) square feet
   
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   of lot area within the shoreland zone, whichever is less, may be permitted.
2. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back seventy-five (75) feet from the normal high water line of water bodies, tributary streams, or the upland edge of a wetland.
3. Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except canopies shall be attached to the recreational vehicle.
4. The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Low Density Residential District shall be limited to one thousand (1,000) square feet.
5. A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.
6. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

D. Clearing of Vegetation

Within a strip extending 75 feet, horizontal distance, inland from the normal high water mark, tributary stream, or the upland edge of a wetland, there shall be no cleared opening or openings, except for approved construction, and a well distributed stand of vegetation shall be retained. Selective cutting of no more than 40% of the trees 4 inches or more in diameter, measured at 4 1/2 feet above ground level is allowed in any 10-year period, provided that a well-distributed stand of trees and other natural vegetation remains.

Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation.

For the purposes of these standards volume may be considered to be equivalent to basal area.

In no event shall cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, 25% of the lot area or ten thousand (10,000) square feet,

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whichever is greater, including land previously developed. This provision shall not apply to the Business District or to the Water Dependent Commercial/Residential District.

Pruning of tree branches, on the bottom 1/3 of the tree is permitted.

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

Cleared openings legally in existence on the effective date of this ordinance may be maintained, but shall not be enlarged, except as permitted by this ordinance.

Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

E. Erosion and Sedimentation Control

1. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall Include, where applicable, provisions for:
   
   1. Mulching and revegetation of disturbed soil.
   2. Temporary run-off control features such as hay bales, silt fencing or diversion ditches.
   3. Permanent stabilization structures such as retaining walls or riprap.
2. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
3. Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
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4. Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:
   
   
   1. Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.
   2. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
   3. Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
   
   
5. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.

F. Mineral Exploration and Extraction

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 of less than one hundred (100) square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

1. A reclamation plan shall be filed with, and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of paragraph 4 below.
2. Unless authorized pursuant to the Natural Resources Protection Act, Title 38, M.R.S.A., Section 480-C, no part of any extraction operation, including drainage and run-off control features shall be permitted within seventy-five (75) feet of the normal high water line of any water body, tributary stream, or the upland edge of
   
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   a wetland. Extraction operations shall not be permitted within seventy-five (75) feet of any property line, without written permission of the owner of such adjacent property.
   
   Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:
   
   1. All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.
   2. The final graded slope shall be two to one (2:1) slope or flatter.
   3. Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.
   
   In keeping with the purposes of this ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

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 longer in dimension than necessary to carry on the activity and be consistent with existing conditions, use, and character of the area.
5. No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high water line of a water body or within a
   
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   wetland unless the structure requires direct access to the water as an operational necessity.
6. No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
7. Except in the Business District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

H. 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.
   
   
2. Additionally, all roads constructed shall conform with the following standards contained in the U.S. Forest Service Permanent Logging Roads for Better Woodlot Management. The Planning Board may ask for documentation that roads are constructed for maximum public safety and minimal disturbance to the natural environment.
   
   
   1. Road crossing of watercourses shall be kept to the minimum number necessary;
   2. Bottoms of culverts shall be installed at stream bed elevation;
   3. All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible; and
   4. 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.
      
      
3. Roads and driveways shall be set back at least seventy-five (75) feet from the normal high-water line of any water body, tributary stream, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may
   
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   include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.
   
   On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty (20) percent.
   
   This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline due to an operational necessity.
   
   
4. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.
   
   
5. New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland. New roads and driveways which are permitted or approved shall be pervious in nature.

I. Signs

1. Signs related to goods and services sold or rendered on the premises shall be permitted. Signs that refer to sale, rental, construction, improvement or designation of a property may be permitted on the premises.
   
   
2. Neon, flashing or animated signs shall not be permitted.
   
   
3. No sign shall exceed thirty-two (32) square feet in area.
   
   
4. No sign shall extend higher than twenty (20) feet above the ground.

J. Storm Water Runoff

1. All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in
   
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   order to reduce runoff and encourage infiltration of stormwaters.
   
   
2. Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.

K. Septic Waste Disposal

All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.

L. Essential Services

1. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
   
   
2. The installation of essential services is not permitted in a Resource Protection District except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

M. Timber Harvesting

Timber harvesting shall conform with the following provisions:

1. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:
   
   1. Within seventy-five (75) feet, horizontal distance, of the normal high-water line of any water body, tributary stream, or the upland edge of a wetland, there shall be no clearcut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
   2. At distances greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of any water body or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5,000) square
      
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      feet they shall be at least one hundred (100) feet apart. Such clearcut openings shall be included in the calculation of total volume removal. For the purposes of these standards, volume may be considered to be equivalent to basal area.
      
      
2. No accumulation of slash shall be left within fifty (50) feet of the normal high water line of a water body. In all other areas slash shall either be removed or disposed of in such manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground.
   
   Any debris that falls below the normal high-water line of a water body shall be removed.
   
   
3. Timber harvesting equipment shall not use stream channels
   as travel routes except when:
   
   
   1. Surface waters are frozen; and
   2. The activity will not result, in any ground disturbance.
      
      
4. All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
   
   
5. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
   
   
6. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet in width for slopes of up to ten (10) percent shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty-five (25) feet from the normal high-water line of a water body or upland edge of a wetland.

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N. Soils

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report (a completed HHE200 form at a minimum) based on an on-site investigation and prepared by state-certified professionals such as soil scientists and geologists. The soils report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

O. Water Quality

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

P. Archaeological Sites

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

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SECTION XII. ADMINISTRATION

A. Creation of Administering Bodies and Agents

1. Code Enforcement Officer
   
   
   1. A Code Enforcement Officer shall be appointed or reappointed annually by July 1st by the Board of Selectmen. A Deputy Code Enforcement Officer shall also be appointed annually by the Board of Selectmen. Qualifications shall be the same as for the Code Enforcement Officer.
      
      
   2. It shall be the Officer's duty to see that all construction and land use is carried out in strict accordance with the terms and provisions of all applicable permits, and in all other ways to enforce the provisions of this ordinance. Compensation of the Code Enforcement Officer shall be as determined by the Selectmen. The Code Enforcement Officer may serve more than one town and need not necessarily be a resident of the town.
      
      
   3. If the Code Enforcement Officer shall find any provision of this Ordinance is being violated, he shall notify in writing the Selectmen and the person(s) responsible for such violation, ordering the action necessary to correct it, including discontinuance of illegal use of land, building(s), structure(s), or work being done, removal of building(s) or structure(s), and abatement of nuisance conditions.
      
      
2. Board of Appeals:
   
   A Board of Appeals to consist of five members shall be appointed by the Selectmen as provided in Title 30-A, Section 2691. The Board shall be governed by the provisions of Section 2691 and by provisions of this Ordinance.
   
   
3. Planning Board:
   
   A Planning Board shall be created in accordance with the provisions of State Law.

B. Permits Required

After the effective date of this Ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or

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C. Permit Application

1. Every applicant for a permit shall submit a written application, including a site plan to scale, on a form provided by the town, to the appropriate official as indicated on the form.
   
   
2. All applications shall be signed by the owner or owners of the property or other person authorizing the work, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or the lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.
   
   
3. All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.
   
   
4. No building permit shall be issued for any structure or use requiring the construction, installation, or alteration of plumbing facilities unless a permit for such facilities has been secured by the applicant or his/her agent, according to the requirements of this Ordinance.

D. Procedure for Administering Permits

Within 30 days of the date of receiving a written application, the Planning Board or the Code Enforcement Officer shall notify the applicant in writing that the application is a complete application, or, if the application is incomplete, the specified additional material needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 30 days of receiving the completed application. Permits shall be approved if the proposed use or structure is found to be in conformance with the purposes and provisions of this Ordinance. Permits may be made subject to reasonable conditions to insure conformity with the purposes and provisions of this Ordinance.

The applicant shall have the burden of proving that the proposed structure or land use activity is in conformity with the purposes and provisions of this Ordinance.

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The Code Enforcement Officer shall approve or deny those applications on which he/she is empowered to act as shown in Section VIII. Approval shall be granted only if the proposed use is in conformance with the purposes and provisions of this Ordinance.

The Planning Board shall approve, approve with conditions, or deny those applications on which it is empowered to act as stated in this Ordinance. The Planning Board shall, 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:

1. Will maintain safe and healthful conditions;
2. Will not result in erosion or sedimentation;
3. Will not result in water pollution.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat;
5. Will conserve shoreland vegetation;
6. Will conserve visual points of access to waters as viewed from public facilities;
7. Will conserve actual points of public access to waters;
8. Will protect archaeological and historic resources as designated in the comprehensive plan;
9. Will not adversely affect existing commercial fishing or maritime activities;
10. Will avoid problems associated with flood plain development and use; and
11. Is in conformance with the provisions of Section XI, Land use Standards.

If a permit is either denied or approved with conditions, the reasons as well as the conditions shall be stated in writing.

No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or any State law which the municipality is responsible for enforcing.

E. Expiration of Permit

Following the issuance of a permit, if no substantial start is made in construction or in the use of the property within one year of the date of the permit, the permit shall lapse and become void.

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F. Installation of Public Utility Service

No public utility, water district, or any utility company of any kind may install services to any new structure located in the shoreland zone unless written authorization attesting to the validity and currency of all local permits required under this or previous Ordinance, has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.

G. Appeals

1. Powers and Duties of the Board of Appeals
   
   The Board of Appeals shall have the following powers:
   
   1. Administrative Appeals: To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the enforcement or administration of this Ordinance.
      
      
   2. Variance Appeals: To authorize variances upon appeal, within the limitations set forth in this Ordinance.
      
      
2. Variance Appeals
   
   Variances may be permitted only under the following conditions:
   
   1. Variances may be granted only from dimensional requirements including but not limited to, lot width, percent of lot coverage, structure height, and setback requirements.
      
      
   2. Variances shall not be granted for establishment of any uses otherwise prohibited by this Ordinance.
      
      
   3. Except for as provided in Subsection e., the Board shall not grant a variance unless it finds that:
      
      
      1. The proposed structure or use would meet the provisions of Section XI except for the specific provision which has created the non-conformity and from which relief is sought; and
         
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      2. The strict application of the terms of this Ordinance would result in undue hardship.
         
         The term "undue hardship" shall mean:
         
         
         1. That the land in question cannot yield a reasonable return unless a variance is granted;
         2. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
         3. That the granting of a variance will not alter the essential character of the locality; and
         4. That the hardship is not the result of action taken by the applicant or a prior owner.
            
            
   4. The Board of Appeals shall limit any variances granted as strictly as possible in order to insure conformance with the purposes and provisions of this Ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
      
      
   5. Disability variance. The board may grant a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property. The board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. For the purposes of this subsection, a disability has the same meaning as a physical or mental handicap under Title 5, section 4553.
      
      
   6. A copy of all variances granted by the Board of Appeals shall be submitted to the Department of Environmental Protection within fourteen (14) days of the decision.
      
      
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3. Appeal Procedure
   
   
   1. Making an Appeal
      
      
      1. An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such appeal shall be taken within thirty (30) days of the date of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.
         
         
      2. Such appeal shall be made by filing with the Board of Appeals a written notice of appeal which includes:
         
         
         1. A concise written statement indicating what relief is requested and why it should be granted.
         2. A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.
            
            
      3. Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
         
         
      4. The Board of Appeals shall hold a public hearing on the appeal, after eighteen (18) days notice, within thirty (30) days of its receipt of an appeal request.
         
         
      5. The Board of Appeals shall send notice of each public hearing by first class mail to all abutting property owners and to others who, in the Board's opinion, might be directly affected by the proposed use or construction.
         
         Notice shall also be given by publication in a local newspaper and by posting notices in a public place in town.
         
         
4. Appeal to Superior Court
   
   Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with State laws
   
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   within forty-five (45) days from the date of the vote of the original decision of the Board of Appeals.
   
   
5. Reconsideration
   
   The Board of Appeals may reconsider any decision within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional testimony. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 30 days of the date of the vote on the original decision.

H. Enforcement

1. Nuisances
   
   Any violation of this Ordinance shall be deemed to be a nuisance.
   
2. Code Enforcement Officer
   
   
   1. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance. If the Code Enforcement Officer shall find that any provision of this Ordinance is being violated, he/she 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 or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.
      
      
   2. The Code Enforcement Officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this Ordinance.
      
      
   3. The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Department of Environmental Protection.
   
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3. Legal 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 Town. The Municipal Officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal officer and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
   
   
4. Fines
   
   Any person, including but not limited to a landowner, a landowner's agent or contractor, who orders or conducts any activity in violation of this Ordinance shall be penalized in accordance with Title 30-A, Maine Revised Statutes Annotated, Subsection 4452.

SECTION XIII. LIABILITY

The Town of Cranberry Isles agrees to defend and indemnify the Code Enforcement Officer, the Planning Board, the Board of Appeals or any individual member of the Boards, with regard to lawsuits filed against any or all of them based on their actions or inactions under this Ordinance.

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SECTION XIV. DEFINITIONS

Accessory Structure or Use: A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall that is considered part of the principal structure.

Aggrieved Party: A person whose land is directly affected by the grant or denial of a permit or variance under this Ordinance. The aggrieved party or his agent must actually have been present at the Planning Board or Board of Appeals meeting at which the specific decision being appealed was made and must have direct economic interest in the affected property either as an abutter or as an owner, the heir of an owner, or a duly appointed agent for the property owner.

Aquaculture: The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

Boathouse: Any structure used for building, repair, maintenance, or storage of boats and their related equipment.

Campground: A plot of ground upon which two or more campsites are located, established or maintained for occupancy by recreational vehicles or camping units of the general public as temporary living quarters, for recreational, educational, or vacation purposes.

Camping Unit: Any tent, towed travel trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreational, educational, or vacation purposes.

Campsites: Any plot of ground within a campground intended for occupancy by a recreational vehicle or a camping unit.

Coastal Wetlands: All tidal and subtidal lands; all lands below any identifiable debris line left by a tidal action; all lands with vegetation present that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land which is subject to tidal action or normal storm flowage at any time except during periods of maximum storm activity. Coastal wetlands may include portions of coastal sand dunes.

Commercial Use: The use of lands, buildings, or structures, other than a "home occupation" defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.

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Dock: Any structure attached to land and extending into or over water.

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

Expansion of Property Use: The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.

Expansion of a Structure: An increase in the floor area or volume of a structure, including all extensions such as, but not limited to attached: decks, garages, porches, and greenhouses.

Family: Persons related by blood or marriage or not more than five persons not so related, occupying premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, or both.

Floor Area: The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls plus the horizontal area of any unenclosed portions of a structure such as porches or decks.

Forest Management Activities: Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation, or maintenance of roads.

Foundation: The supporting substructure of a building or other structure including but not limited to basements, slabs, sills, posts or frostwalls.

Freshwater Wetlands: Freshwater swamps, marshes, bogs, and similar areas which are:

1. of ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream, or brook such that in a natural state the combined surface area is in excess of 10 acres; and
2. inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.

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Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

Functionally Water-Dependent Uses: Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot be reasonable located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.

Height of a Structure: The vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

Home Occupation: Any occupation or profession which is accessory to residential use and which is:

1. customarily carried on wholly within the dwelling unit or wholly within a structure accessory to the dwelling unit.
2. carried on exclusively by a member or members of the family residing in the dwelling unit, except, however, two additional employees not residing within the dwelling unit shall be permitted.
3. clearly incidental and secondary to the use of the dwelling unit; and which does not exceed more than 30% of the floor area or volume of the principal residential structure, whichever is less.

Home occupation shall include any professional office or customary home occupation which involves the production and manufacture and sale of a product or minor repair work, exclusive of repair to motor vehicles. Building and repair of fishing and lobster gear are considered home occupations. In determining the adequacy of off-street parking for a home occupation, the Code Enforcement Officer shall consider the off-street parking requirements for similar uses not classified as home occupations.

In any event, the home occupation shall not generate any nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, traffic or parking problems.

Industrial: The assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or the extraction of minerals.

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Land Use Permit: A permit or conditional permit for a proposed land use which may be issued by the Planning Board under the authority granted it by this Ordinance.

Lot Area: The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

Marina: A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.

Market Value: The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

Mineral Exploration: Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

Mineral Extraction: Any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site.

Multi-Residential Unit: A residential structure containing three (3) or more residential dwelling units.

Non-Conforming Lot: A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.

Non-Conforming Structure: A structure which does not meet any one or more of the following dimensional requirements: setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time of this Ordinance or subsequent amendments took effect.

Non-Conforming Use: Use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time of this Ordinance or subsequent amendments took effect.

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Normal High Water: That line which is apparent from visible markings, changes in character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.

Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges, and other Uses Extending Over or Beyond the Normal High Water Line or Within a Wetland:

Temporary: Structures which may remain in the water for seven (7) months in any period of twelve consecutive months.

Permanent: Structures which remain in the water for seven (7) months or more in any period of twelve consecutive months.

Principal Structure: A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

Principal Use: A use other than the one which is wholly incidental or accessory to another use on the same premises.

Public Facility: Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

Recreational Area: An area designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

Recreational Vehicle: A vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.

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 or manufactured homes, but not recreational vehicles.

Riprap: Rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (1) unit vertical or less.

Road: A route or tract constructed for or created by the repeated passage of motorized vehicles as indicated on the Town Tax Maps.

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Salt Marsh: Areas along coastal waters which support salt tolerant species, and where at average high tide during the growing season, the soil is regularly inundated by tidal waters.

Setback:

1. The nearest horizontal distance from the normal high-water line to the nearest part of a structure, road, parking space or other regulated object or area.
2. The nearest horizontal distance between a structure and other lot (property) lines.
3. The nearest horizontal distance between a structure and the center line of town roads.

Shore Frontage: The length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.

Shoreland Zone: The land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any saltwater body: within 250 feet of the upland edge of a coastal or freshwater wetland.

Structure: Anything built for the support, shelter, or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences. The term includes structures temporarily or permanently located, such as decks and satellite dishes.

Substantial Start: Completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.

Subsurface Sewage Disposal System: A collection of treatment tank(s), disposal area(s), holding tank(s), and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 MRSA Section 414, any surface wastewater disposal system licensed under 38 MRSA Section 413 Subsection 1-A. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 MRSA Chapter 13, subchapter 1.

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. The removal of dead or blown down trees, and the clearing of land for approved construction shall not be considered as harvesting.

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Tributary Stream: A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined. This definition only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

Upland Edge: The boundary between upland and wetland.

Use: The purpose for which land or a structure is arranged, designed or intended, or for which land or a structure is or may be occupied.

Variance: A relaxation of the terms of this Ordinance where such variance would not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement would result in unnecessary hardship. A financial hardship shall not constitute grounds for granting a variance. The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present. A variance is authorized only for a lot area, lot coverage by structures, and setbacks. A variance shall not be granted to permit a use or structure otherwise prohibited.

Vegetation: All live trees, shrubs, ground cover, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 1/2 feet above ground level.

Volume of a Structure: The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

Water Body: Unless otherwise defined, water body refers to tidal areas.

Water Crossing: Any project extending from one bank to the opposite bank of a tributary stream or wetland, whether under, through, or over the water course. Such projects include but may not be limited to roads, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings.

Wetland: A freshwater or coastal wetland.

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