SOUTH THOMASTON SHORELAND ZONING ORDINANCE  1. Purposes. The purposes of this Ordinance are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; toj protect commercial fishing and maritime industries; to protect freshwater: and coastal wetlands; to control building sites, placement ofs structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development 2. Authority. This Ordinance has been prepared in accordance with the provisions of Title 38 sections 3. Applicability. This Ordinance applies to all land areas within 250 feet, horizontal distance, ofthe  ins shoreland areas.  435-449 oft thel Maine Revised Statutes Annotated (M.R.S.A.).  normal high-water line ofa any river, normal high-water line of streams..  upland edge ofa coastal wetland, including all areas affected by tidal action, or  upland edge of a freshwater wetland and all land areas within 75 feet, horizontal distance, of the This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a  wetland. 4. Effective Date  A. Effective Date of Ordinance and Ordinance Amendments. This Ordinance, which was adopted by the municipal legislative body on March 30",2010; amended on March 27, 2018 and amended. June 15, 2021. The 2021 amendment shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, as amended, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this Ordinance or Ordinance Amendment, within forty-five (45) days of his/her receipt oft the Ordinance, or Ordinance Amendment, it shall be automatically approved. Any application for aj permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms oft this Ordinance, or Ordinance Amendment, ifthe Ordinance, or Ordinance 5. Availability. A certified copy of this Ordinance shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to thej public at reasonable cost at the expense ofthep person making thei request. Noticeo ofavailability ofthis Ordinance shall bej posted. Severability. Should any section or provision ofthis Ordinance be declared by the courts tol bei invalid, 7. Conflicts with Other Ordinances. Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or ofa any other ordinance, regulation or statute  Amendment, is approved by the Commissioner.  such decision shall not invalidate any other section or provision oft the Ordinance. administered by the municipality, the more restrictive provision shall control.    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  8. Amendments. This Ordinance may be amended by majority vote oft the legislative body. Copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the municipal legislative body and shall not be effective unless approved by the Commissioner. Ifthe Commissioner fails to act on any amendment within forty-five (45) days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty- five (45) day period shall be governed by thet terms oft the amendment, if such amendment is approved  by the Commissioner. 9. Districts and Zoning Map  A. Official Shoreland 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(s) which is  (are) made aj part oft this Ordinance: (see Appendix A.)  (1) Resource Protection (2) Residential - Recreational (3) General Development: I (4) General Development II (6) Stream Protection  (5) Commercial Fisheries/Maritime Activities  B. Scale of Map. The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly delineated: andal legend indicating the symbols C. Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal Clerk and shall be located in the municipal office. In the event the municipality does not have a municipal office, the Municipal Clerk shall be D. Changes to the Official Shoreland Zoning Map. Ifamendments, in accordance with Section 8, arei madei in the district boundaries or other matter portrayed ont the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland: Zoning Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental 10. Interpretation of District Boundaries. Unless otherwise set forth on 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 the exact location of district boundary lines, the Board of Appeals shall be the final authority as to NOTE: Thel Maine Supreme Judicial Court has held that the Official Shoreland Zoning Mapi is the primary tool to which to refer in determining district boundaries under ordinances that are not more explicit in their district descriptions than the language of the Guidelines, and that where there is inconsistency between the Map and these general text descriptions of the shoreland districts as provided in the  for each district shall be placed on the map.  the custodian ofthe map.  Protection.  location.  minimum guidelines, the Map prevails.  2    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  11. Land Use Requirements. Except as hereinafter specified, no building, structure or land shalll hereafter bet used or occupied, and no building or structure or part thereofs shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.  12. Non-conformance.  A. Purpose. It is the intent of this Ordinance to promote land use conformities, except that non- conforming conditions that existed before the effective date of this Ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in Section 12. Except as otherwise providedi int this Oninanse.amoncomiboming condition: shall not be permitted tob become  more non-conforming. B. General  (1) Transfer of Ownership. Non-conforming structures, lots, and uses may bet transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming (2) Repair and Maintenance. This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations that do noti involve expansion oft the non-conforming use or structure, and such other changes in ai non- conforming use or structure as federal, state, or local building and safety codes may require.  structure or lot, subject to the provisions oft this Ordinance.  NOTE: See Section 17 for the definitions of non-conforming structures, non-conforming uses and non-  conforming lots.  C. Non-conforming Structures  (1) Expansions. All new principal and açcessory structures, excluding functionally water- dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained: in Section 15(B)(1). Anon-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does noti ineraseliemoncomtomiy, ofthes structureandi isi inaccordance (a) Expansion of any portion ofas structure within 25 feet oft the normal high-water line ofa water body, tributary stream, or upland edge ofa wetland is prohibited, even ift the expansion will not increase nonconformity with the water body, tributary stream or wetland setback requirement. Expansion of an accessory structure that is located closer to the normal high-water line ofa water body, tributary stream, or upland edge ofa wetland than the principal structure is prohibited, even ifthe expansion will not increase nonconformity with the water body, tributary stream, or wetland setback requirement. (b) Notwithstanding paragraph (a), above, ifal legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line ofa water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are: met and the  with subparagraphs (a) and (b) below.  expansion is not prohibited by Section 12(C)(1).  3    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  ()Thei maximum total footprint for the principal structure may not be expanded to a size greater than 800: square feet or 30% larger than the footprint that existed on January1, 1989, whichever is greater. The maximum height oft the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater. (c) All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by Section 12(C)(I) or Section 12(C)(1)(a), (i)For structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge ofa wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height ofany structure may not be made greater than 20 feet or the (ii) For structures located less than 100 feet from the normal high-water line ofa great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height ofa any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line ofa water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Section 12(C)(1)(b)(i) and Section 12(C)(1)(c)(), above. (iii)Ina addition to the limitations in subparagraphs (i) and (ii), for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line ofa water body or the upland edge ofa wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30%1 larger than the footprint that existed at the time thel Resource Protection: District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing.structure, whichever is greater, except that any portion oft those structures located less than 75 feet from thei normal high-water line ofa water body, tributary stream, or upland edge ofay wetland must meet the footprint and height limits in (d) An: approved plan for expansion ofa a nonconforming structure must be recorded by the applicant with the registry of deeds, within 90 days ofa approval. The recorded plan must show the existing and proposed footprint oft the nonconforming structure, the existing and proposed structure height, the footprint ofany other structures on the parcel, the shoreland zone boundary and evidence ofapproval by the municipal review authority. (2) Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a non- conforming structure, the structure and new foundation must be plaçed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision  above.  height of the existing structure, whichever is greater.  Section 12(C)(1)(b)() and Section 12(C)(I)(c)(), above.  on the criteria specified in Section 12(C)(3) Relocation, below.  3 4    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (3) Relocation. When it is necessary to remove vegetation within the water or wetland setback areai in order toi relocate. a structure, the Planning Board shall require replanting ofnative vegetation to compensate for1 the destroyed vegetation in accordance with Section 15(R). In addition, the area from which the relocated structure was removed must be replanted with  vegetation. Replanting shall be required as follows:  Ar non-conforming struçture may be relocated within the boundaries oft the parcel on which the structure is located provided that the site ofr relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or its designee, 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- In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location oft 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. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as (a) Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. Ifmore than five trees are planted, no one species oftree shall: make up more than 50% ofthe number oftrees planted. Replaced trees must bey planted noi further from the water or wetland than the trees that werer removed. Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate as structure must be re-established. An area at least the same: size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed. (b) Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or (4) Reconstruction or Replacement. Any non-conforming structure which is located less than thei required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, 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 eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement isi in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced sO as to increase its  conforming.  follows:  ac combination thereof.  5    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  non-contormity). Ifthe reconstructed or replacement structure is less than the required setback its shall not be any larger than the original structure, except as allowed pursuant to Section 12(C)(I)above, as determined! by thenon-conforming: footprint ofthe reconstructed orr replaced structure at its new location. Ifthe total footprint oft the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaçed or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in açcordance with Section 12(C)(3) above. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less oft the market value, ord damaged or destroyed by 50% orl less ofthe market value ofthe struçture, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal. In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Planning Board or its designee shall consider, in addition to the criteria in Section 12(C)(3) above, the physical condition and type of foundation present, if (5) Change of Use ofa 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, tributary stream, 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, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and  any.  other functionally water-dependent uses.  D. Non-conforming Uses  (1) Expansions. Expansions of non-contorming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Section (2) Resumption Prohibited. A lot, building or structure in or on which a non-conforming use is discontinued for aj period exceeding one; year, or whichi is superseded by a conforming use, may not again be devoted to a non-conforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption ofa a use ofar residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) (3) Change ofUse. An existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water dependent usesi int the CFMA district, than the former  12(C)I)above.  year period.  6    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  use, as determined by the Planning Board. The determination of no greater adverse impact  shall be made according to criteria listed in Section 12(C)(5) above.  E. Non-conforming Lots  (1) Non-contorming Lots: Ai non-conforming lot ofrecord as ofthe effective date ofthis 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 loti in the same ownership, and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore (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, andi ifaj 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 (12M.R.S.A. sections 4807-A through 4807-D) and the State of Iftwo or more principal uses or structures existed on a single lot ofrecord on the effective date oft 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 ofthis Ordinance. (3) Contiguous Lots Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, ifany 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 This provision shall not apply to 2 or more contiguous lots, at least one of which is non- conforming, owned by the same person or persons on March 1, 1995 and recorded in the registry ofdeedsi ifthel loti is served byap public sewer or can accommodate. as subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal (a) Each lot contains at least 100 feet ofs shore frontage and at least 20,000 square feet of lot (b) Any lots that do not meet the frontage and lot size requirements of Section 12(E)(3)(a) are reconfigured or combined so that each new lot contains at least 100 feet ofs shore frontage  frontage shall be obtained by action oft the Board of Appeals.  Maine Subsurface Wastewater Disposal Rules are complied with.  requirements.  Rules; and area; or  and 20,000 square feet ofl lot area.  13. Establishment of Districts  A. Resource Protection District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits ofthes shoreland zone, exclusive ofthe Stream Protection District, except that areas which  7    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  are currently developed and areas which meet the criteria for the Limited Commercial, General Development I, or Commercial Fisheries/Maritime Activities Districts need not be included within (1) Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by thel Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of December 31, 2008. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized! by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have as surface elevation at or below the water level oft the great pond or river during the period ofnormal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great NOTE: The Natural Resources Protection Act, 38 M.S.R.A. sections 480-A through 480-Z, requires the Department of Environmental Protection to designate areas of' "significant Habitat for species appearing on the official state or federal lists of endangered or threatened species; high and moderate value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; high and moderate value waterfowl and wading bird habitats, including nesting and feeding areas as defined by the Department of Inland Fisheries and Wildlife; critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; and shorebird nesting, feeding and staging areas and seabird nesting islands as defined by the  the Resource Protection District.  pond or river.  wildlife habitat". Significant wildlife habitat includes:  Department of Inland Fisheries and Wildlife.  (2) Floodplains along rivers, defined by the 100 year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils. This district shall also include 100 year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps. (3) Areas of two or more contiguous acres with sustained slopes of20% or greater.  (4) Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part ofa freshwater or coastal wetland as defined, and which are not surficially NOTE: These areas usually consist of forested wetlands abutting water bodies and non-forested (5) Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such  connected to a water body during thej period of normal high water.  wetlands.  as steep coastal bluffs.    SOUTHT THOMASTON SHORELAND ZONING ORDINANCE  NOTE: Municipalities may also include the following other areas which have been recommended  for protection in the comprehensive plan oft the municipality, such as:  A. Otheri important wildlife habitat;  B. Natural sites of significant scenic or esthetic value; significance to be protected from development; and  C. Areas designated by federal, state or municipal governments as natural areas of D. Other significant areas which should be included in this district to fulfill the purposes oft this Ordinance, such as, but not limited to, existing public access areas and certain significant archaeological and historic sites deserving of long-term protection as determined by the municipality after consultation with thel Mainel Historic Preservation  Commission.  B. Resideata-Recreational District. The esidenta-Recreational District includes those areas suitable for mixed, light commercial, residential, and recreational development. It includes areas other than those int thel Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the General Development District, or the Commercial ( General Development I District. The General Development I District includes the following (1) Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix ofsuch activities, including but not limited to the following: (a) Areas devoted to manufacturing, fabricating or other industrial activities;  Fisheries/Maritime Activities District. types ofe existing, intensively developed areas:  (b) Areas devoted to wholesaling, warehousing, retail trade and service activities, or other (c) Areas devoted to intensive recreational development and activities, such as, but not limited (2) Areas otherwise discernible as having patterns of intensive commercial, industrial or D. General Development II District. The General Development II District includes the same types ofareas as those listed for the General Development I District. The General Development III District, however, shall be applied to newly established General Development Districts where the pattern of development at the time of adoption is undeveloped or not as intensively developed as that of the Portions of the General Development District I or II may also include residential development. However, no area shall be designated as a General Development I or II District based solely on  commercial activities; and  to amusement parks, racet tracks and fairgrounds.  recreational uses.  General Development II District.  residential use.  9    SOUTHTHOMASTON SHORELAND ZONINGORDINANCE  E. Commercial Fisheries/Maritime Activities District. The Commercial Fisheries/Manitime Activities District includes areas where the existing predominant pattern of development is consistent with the allowed uses for this district as indicated in the Table ofLand Uses, Section 14, and other areas which are suitable for functionally water-dependent uses, taking into consideration  such factors as:  (1) Shelter from prevailing winds and waves;  (2) Slope of the land within 250 feet, horizontal distance, oft the shoreline; (3) Depth oft the water within 150 feet, horizontal distance, of the shoreline; (4) Available support facilities including utilities and transportation facilities; and  (5) Compatibility with adjacent upland uses.  F.Stream Protection District. The Stream Protection District includes all land areas within seventy- five (75) feet, horizontal distance, of the normal high-water line ofa a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a river, or within two hundred and fifty (250) feet, horizontal distance, oft the upland edge ofa freshwater or coastal wetland. Where a stream and its associated shoreland area are located within wo-hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland. 14. Table ofLand Uses. All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Section 15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.  Key to Table 1:  Yes- Allowed (no permit required but the use must comply with all applicable land use  standards.) No- Prohibited  PB- Allowed with permit issued by the Planning Board. CEO- Allowed with permit issued by the Codel Enforcement Officer LPI- Allowed with permit issued by the Local Plumbing Inspector  Abbreviations:  RP- Resource Protection RR- Residential -Recreational SP- Stream Protection  GD General Development Ia and General Development II CFMA- Commercial Fisheries/Maritime Activities  10    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  TABLE 1. LAND USES IN THE SHORELAND ZONE  LANDUSES hunting, fishing and! hiking management roads Timber harvesting Fire prevention activities Wildlife management practices Soila and water conservation practices Minerale exploration 10. Mineral extraction including sand and gravele extraction 11. Surveying and resource analysis 12. Emergency: operations 13. Agriculture 14. Aquaculture 15. Principal structures and uses A. One and twot family residential, including driveways B.N Multi-unit residential C. Manufactured Home D. Mobile Home E. Bed and Breakfast, Tourist Home F. Day Care G. inn, Lodge, Motel* H.. Junkyard and Automobile Graveyard Restaurant J.F Professional Office K. School, Public or Private L.Solar Energy System: Large Scale Solar Energy System Small Scale Solar Energy System M. Outpatient. Addiction Treatment Clinics N. Medicai Facilities Other Than Professional Office Use 0.Church P.Cemetery Q.Mobile Home Park R.Marine- Oriented Use S. Commercial T. Industrial U. Governmental. andi institutional interpretation 16. Structures accessory to allowed uses Temporary Permanent 19. Home occupations 21. Essential services the shoreland zone int the shoreland: zone D.C Other essential services 22. Service drops, as defined, to allowed uses 24. Individual. private campsites 25. Campgrounds 26. Road construction  DISTRICT SP RP BR GD CFMA yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes CEO yes yes yes CEO CEO1 yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes no no no no no yes yes yes yes yes yes yes yes yes yes yes PB yes yes yes PB PB PB yes yes no no PB PB no CEO CEO CEO CEO no no no PB PB PB no no PB PB no no no PB PB no no no no no no no no PB PB PB no no no PB no no no PB PB no no no no no no CEO CEO CEO CEO CEO no no no no no no no no no no CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO no no no no no no no PB PB PB no nolo PB PB PB5 no no no no no no no PB PB PB5 PB4 PB CEO CEO PB5 PB4 PB CEO CEO CEO CE011 CEO11 CE011 CEO'1 CEO11 PB PB PB PB PB5 LPI LPI LPI LPI no PB PB PB PB PB LPI LPI LPI LPI LPI PB PB PB PB PB yes yes yes CEO CEO CE05 PB PB no PB PB5  1. Non-intensive recreational uses not requiring structures such as Motorized vehicular traffic on existing roads and trails Forest management: activities except for timber harvesting &I land Clearing orr removal of vegetation for activities other than timber harvesting  no yes yes yes2 yes?  CEO CE09 CEO CEO no CEO CEO CEO CEO no  V. Sma!l non-residential facilities fore educational, scientific. orr nature 17. Piers, docks, wharfs, bridges ando other structures and uses extending over or below ther normal high-water line or within a wetland 18. Conversions ofs seasonal residences toy year-round residences 20. Private sewage disposal systems for allowed uses A.F Roadside distribution! dines (34.5kV andi lower)  purposes  CEOS CEO6 yes12 yes12 yes'2  B.I Non-roadside or cross-country distribution! lines involving tenp poles or lessi in PB5 PB6 CEO CEO CEO C.N Non-roadside or cross- country distribution linesi involving eleven orr more poles PB6 PBS PB 23. Public and private recreational areasi involving minimal structural development PB PB  PB6 PBS yes yes CEO CEO CEO CEO CEO no no7 PB no8 PB  -11-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  27. Land management roads 28. Parking facilities 29. Marinas 30. Filling and earth moving of <10 cubicyards 31. Filling and earth moving of >10 cubicyards 32. Signs 33. Uses similar to allowed uses 34. Uses similar to uses requiring a CEO permit 35. Uses similar tou uses requiring a PB permit "inn, Lodge, Motel not allowed on Spruce Head Island 3n RP nota allowedi in areas so designated because ofv wildlife value. bSeef further restrictions in Section 15() KM2). 8Except as provided in Section 15(GX3).  yes PB yes yes yes no no' PB PB PB5 PB no PB PB PB CEO ÇEO yes yes yes PB PB CEO CEO CEO yes yes yes yes yes CEO CEO CEO CEO CEO PB PB PB PB PB  CEO CEO CEO CEO CEO  'in RP not allowed within 751 feet horizontal distance, oft the normal high-water line of great ponds, except tor remove safetyh hazards. 2Requires permit from the Code Enforcement Officeri ifn more than 100square feet ofs surface area, int total,is disturbed. 4Provided that a variancet from the setback requirement is obtained from the Board ofA Appeals. SFunctionally water- dependent uses and uses accessory tos such water dependent uses only (See note on previous page). 7Except when areai isz zoned forr resource protection due to floodplain criteriai in which case a permiti is required from the PB. 9singlet family residential structures may' be allowed bys special exception only according tot the provisions of Section 16(E). Special 1Except for commercial uses otherwise listed int this Table. such as marinas and campgrounds. that are allowed in the respective district. NOTE:AP person performing any of the following activities shall require a permit from the Department ofE Environmental Protection, pursuant to3 38M.R.S.A. section 480-C.ift the activity occursi in. on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream  Exceptions. Two-family residential structures are prohibited.  "Excluding bridges and other crossings noti involving earthwork, inv which case no permiti is required. 12Permit not required but must file av written "notice ofi intent to construct" with CEO. orbrook and operates ins such a manner that material or soil may be washedi into them: A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; Draining or otherwise dewatering: Filling. including adding sand or other materialt to asand dune:or . Any construction or alteration ofa any permanent structure. following provisions, ifapplicable. A. Minimum Lot Standards  15. Land Use Standards. All land use activities within the shoreland zone shall conform with the  NOTE: The minimum land area for any newly-created lot in South Thomaston is 1 (one)  Acre, and ifs adjacent to tidal areas, a minimum of1 150' of shore frontage.  Minimum Lot Area (sq. ft.)  Minimum Shore Frontage (R.)  (1)  (a) Residential per dwelling unit (i) Within the Shoreland Zone Adjacent to Tidal Areas (ii) Within the Shoreland Zone Adjacent to Non-Tidal Areas  30,000 40,000  150 200  (b) Governmental, Institutional, Commercial or Industrial per principal structure  (i) Within the Shoreland Zone Adjacent to Tidal Areas, Exclusive  12-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  ofThose Areas Zoned for Commercial Fisheries and Maritime Activities (ii) Within the Shoreland Zone Adjacent to Tidal Areas Zoned for Commercial Fisheries and Maritime Activities (ii)Within the Shoreland Zone Adjacent to Non-tidal Areas (c) Public and Private Recreational Facilities (i) Within the Shoreland Zone. Adjacent to' Tidal and Non-Tidal Areas  40,000  200  NONE 60,000  NONE 300  40,000  200  (2) Land below the normal high-water line ofa a water body or upland edge of a wetland and land beneath roads serving moret thant two (2) lots shall not be: included toward calculating minimum (3) Lots located on opposite sides ofap public or private road shall be considered each as separate tract orp parcel of land unless suchi road was established by the owner ofl land on both sides thereofafter (4) The minimum width of any portion ofa anyl lot within one hundred (100) feet, horizontal distance, oft the normal high-water line ofa water body or upland edge ofa a wetland shall be equal to or (5) Ifr more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure,  lot area.  September 22, 1971.  greater than the shore frontage requirement fora a lot with the proposed use.  or use.  (6) The minimum lot size for a Campground is 3 (three) Acres.  (7)_40' Corner Clearance, for purposes of traffic safety, shall apply to all intersections of public roads with private roads or driveways. No structure other than a mailbox may be located, nor may any vegetation, other than deciduous shade trees, be maintained above the height of three feet above street level within forty feet oft the center of the intersection. a. Up to two dwelling units may be constructed on any vacant property located in any b. In any district (except CFMA).up to two additional dwelling units may be constructed on any property on which one dwelling unit currently exists, with one additional dwelling unit within or attached to the existing structure or one additional detached  AlAdditional dwelling units may be permitted as follows:  district except CFMA:and  dwelling unit, or one of each.  Additional dwelling units permitted in accordance with this section must satisfy the following  standards:  13-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  a. All additional dwelling units shall be subject to the same dimensional, frontaye and b. The owner or applicant must provide written verification, in accordance with 30-A M.R.S.A. $4364-A(4) and any ruleso or regulations adopted pursuant thereto. that each additional dwelling unit is or will be connected to adequate water and wastewater €7) The dwelling unit(s) must be located on a property that complies with the minimum lot size  setback requirements as single-family dwellings;  services: and  requirements ofl 12N M.R.S.A.c. 423-A and this ordinance. B. Principal and Accessory Structures  (1) All new principal and accessory structures shall be set back at least seventy-five (75) feet, horizontal distance, from the normal high-water line of water bodies, tributary streams, or the upland edge ofa wetland, except that in the General Development II District the setback from the normal high-water line shall be at least twenty five (25) feet, horizontal distance, and in the Commercial Fisheries/Martime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shalll be 2501 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district  in which case the setback requirements specified above shall apply.  In addition:  (a) The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent (b) For principal structures, water and wetland setback measurements shall be taken from the top ofac coastal blufft that has been identified on Coastal Bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent Coastal Bluff map. If the applicant and the permitting official(s) arei in disagreement as to the specific location ofa "highly unstable"or "unstable" bluff, or where the top of the bluff is located, the applicant may at his or her expense, employal Maine Registered Professional Engineer, a Maine Certified Soil Scientist, aMaine State Geologist, or other qualified individual to make a determination. Ifagreement is still not reached, the applicant may appeal the matter to the board ofa appeals.  uses.  (c) On a non-conforming lot oft record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the code enforcement officer mayissue aj permit top place as single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed eighty (80). square feeti in area nor eight (8) feet inl height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the  principal structure.  NOTE: All tidal land which is subject to tidal action during the maximum spring tidei is coastal wetland.  14    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE NOTE: A tributary stream may be perennial or intermittent. Where a tributary stream is present within the shoreland zone, setback standards from that tributary stream are applicable. (2) Principal or accessory structures and expansions ofe existing structures which are permitted, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area. (3) The lowest floor elevation or openings ofa all buildings and structures, including basements, shall be elevated at least one foot above the elevation oft the 100 year flood, the flood of record, ori in the absence of these, the flood as defined by soil types identified as recent flood-plain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, açcessory structures may be placed in accordance with the standards of that ordinance and need not meet (4) With the exception of General Development Districts located adjacent to rivers that do not flow to great ponds, non-vegetated surfaces shall not exceed a total oft twenty (20) percent oft the portion of the lot located within the shoreland zone. This limitation does not apply to public boat launching facilities regardless of the district in which the facility is located. Ina General Development District located adjacent to rivers that do not flow to great ponds, non-vegetated surfaçes shall not exceed a total ofs seventy (70) perçent ofthe For the purposes of calculating lot coverage, non-vegetated surfaces include, but are not limited to the following: structures, driveways, parking areas, and other areas from which vegetation has been removed. Naturally occurring ledge and rock outcroppings are not counted as nonvegetated surfaces when calculating lot coverage for lots of record on March (5) Retaining walls that are not neçessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following (a) The sitel has been previously altered and an effective vegetated buffer does not exist; (b) The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of (c) The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with (d) The total height oft the wall(s), in the aggregate, are: no more than 24i inches; (e) Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain  the elevation requirements oft this paragraph.  portion of the lot located within the shoreland zone.  24, 1990 and in continuous existence since that date.  conditions are met:  a water body, tributary stream, or upland edge ofa wetland;  vegetative plantings;  soils.  15-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  () The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios (g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural' buffer area does not exist. Thel buffer area must meet the following characteristics: (i) Thel buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark ()Vegetation plantings must' be in quantities sufficient to retard erosion and provide for  and decks; and  mulch;  effective infiltration ofs stormwater runoff;  (ii)Only native species may be used to establish the buffer area;  (iv)A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge ofa wetland; (v) Af footpath not to exceed the standards in Section 15(P)(2)(a), may traverse the buffer; NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, ofa water body, tributary stream or coastal wetland, a permit pursuant to thel Natural Resource Protection Act is required from thel Department of Environmental Protection. (6) Notwithstanding the requirements stated above, stairways or similar structures may be allowed with aj permit from the Codel Enforcement Officer, toj provide shoreline access in areas ofs steep slopes or unstable soils provided: that the struçture is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line ofa water body or upland edge ofa wetland, (unless permitted by the! Department of Environmental Protection pursuant to the Natural Resources Protection Act, 381 M.R.S.A. section 480-C); and that the applicant demonstrates F Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below thel Normal (I) No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line ofa water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in Section 15(A), a second structure may be allowed and may remain as long as thel lot is not (2) Access from shore shall be developed on soils appropriate for such use and constructed SO as to  that no reasonable açcess alternative exists on the property. High-Water Line ofa Water Body or Within a' Wetland.  further divided. control erosion.  (3) The location shall not interfere with existing developed or natural beach areas. (4) The façility shall be located sO as to minimize adverse effects on fisheries.  16-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (5) The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses oft the area. A temporary pier, dock or wharf (6) No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity. (7) New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural (8) No existing structures built on, over or abutting aj 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 (9) Except in the General Development. Districts and Commercial Fisheries/Maritime Activities District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line ofa water body or within a wetland shall not exceed twenty (10) Vegetation may be removed in excess oft the standards in Section 15(0) ofthis Ordinance in order to conduct shoreline stabilization of an eroding shoreline, provided that apermit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board. (a) When necessary, the removal oft trees and other vegetation to allow for construction equipment access to the stabilization site via land must bel limited to no more than 12 feet in width. When thes stabilization project is complete the construction  inr non-tidal waters shall not be wider than six feet for non-commercial uses.  Resources Protection Act.  residential dwelling units in any district.  (20) feet in height above the pier, wharf, dock or other struçture.  equipment accessway must be restored.  (b) Revegetation must occur in accordance with Section 15(R). [Note: Thej followingprovisiont will apply to only af few  municipalities.  (11). A deck over a river may be exempted from the shoreland setback requirements ifit is part ofa downtown revitalization project that is defined in aj project plan approved by the legislative body oft the municipality, and may include the revitalization ofs structures formerly used as mills that do not meet the: structure setback requirements, ift the deck meets the (a) The total deck area attached tot the structure does not exceed 700 square feet; (b) The deck is cantilevered over a segment ofa river that is located within the boundaries  following requirements:  ofthe downtown revitalization project;  -17-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE (c) The deck is attached to or accessory to an allowed commercial usei in a structure that was constructed prior to 1971 and is located within the downtown  revitalization project;  (d) The construction oft the deck complies with all other applicable standards, except the shoreline setback requirements in section 15(B); and the construction of the deck complies  with all other state and federal laws.  NOTE: New permanent structures, and expansions thereof, projecting into or over water bodies  shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. section 480-C. Permits may also be required from the Army Corps of Engineers ifl located in navigable waters.  D. Campgrounds. Campgrounds shall conform to the minimum requirements imposed under State (1) Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below thei normal high-water line ofa water body shall not be included in calculating land area (2) Theareasintendedi for placement ofar recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum ofs seventy-five (75) feet, horizontal distance, from the normal high-water line ofa a water body, tributary stream, or the upland edge ofa wetland. E. Individual Private Campsites. Individual private campsites not associated with campgrounds are (1) One campsite per lot existing on thee effective date ofthis Ordinance, or thirty thousand (30,000) square feet ofl lot area within the shoreland zone, whichever is less, may be permitted. (2) When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite separately. (3) Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back seventy-five (75) feet, horizontal distance, from the normal high- water line of a water body, tributary stream, or the upland edge ofa wetland. (4) Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure (5) The clearing of vegetation for the siting oft the recreational vehicle, tent or similar shelter in a Resource Protection District shall bel limited to one thousand (1000) square feet. (6) 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  licensing procedures and the following:  per site.  allowed provided the following conditions are met:  except a canopy shall be attached to the recreational vehicle.  owner is required.  7  18    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (7) When ai recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including thei installation ofa a subsurface sewage disposal system in compliance with the State ofMaine Subsurfaçe Wastewater Disposal Rules unless served by public sewage facilities.  F. Parking Areas  (1) Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Commercial Fisheries/Maritime Activities District parking areas shall be set back at least twenty-five (25) feet, horizontal distance, from the shoreline. The: setback requirement forj parking areas serving public boat launching facilities in Districts other than the General Development I District and Commercial Fisheries/Maritime Activities District shall be no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream ift the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.  (2). Residential uses/structures require a minimum of two off-street parking spaces for the first dwelling unit on a lot, and one additional off-street parking space for each additional dwelling unit on the lot, excluding Accessory Dwelling Units. (3)Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland and (34) Ind determining the appropriate size ofproposed parking facilities, the following shallapply: (a) Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.  where feasible, to retain all runoff on-site.  (b) Internal travel aisles: Approximately twenty (20) feet wide.  G. Roads and Driveways. The following standards shall apply to the construction of roads and/or (1) Roads and driveways shall be set back at least seventy-five (75) feet, horizontal distance from the normal high-water line ofa water body, tributary stream, or the upland edge ofa wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable altemative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used toj prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed sO as to avoid sedimentation On slopes ofg greater than twenty (20) percent thei road and/or driveway setback shall bei increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20)  driveways and drainage systems, culverts and other related features.  of the water body, tributary stream, or wetland.  percent.  19-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  Section 15 (G)(1) does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access toj permitted structures within thes setback area shall comply fully with the requirements of Section 15(G)(1) except for that portion of the road or driveway (2) Existing public roads may be expanded within the legal road right of way regardless of their (3) New permanent roads are not allowed within the shoreland zone along Significant River  necessary for direct access to the structure.  setback from a water body, tributary stream or wetland.  Segments except:  a. Toj provide acess to structures or facilities within the zone; or  b. When the applicant demonstrates that no reasonable alternative route exists outside the shoreland zone. When roads must bel located within the shoreland zonet they shall be set back as far as practicable from the normal high-water line and screened from the river  by existing vegetation.  (4) New roads and driveways are prohibited in a Resource Protection District except that the Planning Board may grant a permit to construct a road or driveway toj provide access toj permitted uses within the district. A road or driveway may also be approved by the Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high- (5) Road and driveway banks shall ber no steeper thanas slopeoftwo(2)! horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and (6) Road and driveway grades shall be no greater than ten (10), percent except for segments of less (7) In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least (50) feet plust twotimes the average slope, in width between the outflow point ofthe ditch or culvert and thei normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoffand to minimize channelized flow of the drainage through the buffer strip. (8) Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the (a) Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road, or driveway at intervals no greater than indicated in the following table:  water line ofa water body, tributary stream, or upland edge ofa wetland.  sedimentation control contained in Section 15(S).  than two hundred (200) feet.  following shall apply:  Grade (Percent)  Spacing (Feet)  -20-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  0-2 3-5 6-10 11-15 16-20 21+  250 200-135 100-80 80-60 60-45 40  (b) Drainage dips may be used in place ofc ditch relief culverts only where the gradei ist ten (10) (c) Ons sections having slopes greater than ten (10) percent, ditch reliefculverts shall bej placed ata approximately a thirty (30) degree angle downslope from a line perpendicular to the (d) Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate  percent or less.  centerline oft the road or driveway.  materials.  (8) Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads and driveways shall be maintained on a regular basis to  assure effective functioning.  H. Signs. The following provisions shall govern the use of signs in the Shoreland Zone:  (1) Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six (6) square feet ina area ands shall not exceed two (2) signs per premises. Int the General Development and Commercial Fisheries/Maritime Activities Districts, however, such signs shall not exceed sixteen (16) square feet in area. Signs relating to goods or services (2) Name signs are allowed, provided such signs shall not exceed two (2) signs per premises, and (3)Signs relating to trespassing and hunting shall be allowed without restriction as to number  not sold or rendered on the premises shall be prohibited. shall not exceed twelve (12) square feet in the aggregate. provided that no such sign shall exceed two (2) square feet in area. (4) Signs relating toj public safety shall be allowed without restriction. (5) No sign shall extend higher than twenty (20) feet above the ground. (6) Signs may bei illuminated only by shielded, non-flashing lights.  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  order to reduce: runoff and encourage infiltration of stormwaters.  -21-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  (2) Storm water runoff control systems shall be maintained as necessary to ensure proper NOTE: The Stormwater Management Law (38 M.R.S.A. section 420-D) requires a full permit to be obtained from the DEP prior to construction of a project consisting of 20,000 square feet or more ofimpervious area or 5 acres or more ofac developed areai ina an urbani impaired stream watershed or most-at-risk lake watershed, or a project with 1 acre or more of developed area in any other stream, coastal or wetland watershed. A permit-by-rule is necessary for a project with one acre or more of disturbed area but less than 1 acre impervious area (20,000 square feet fort most-at-risk lakes and urban impaired streams) and less than 5 acres of developed area. Furthermore, al Maine Construction General Permit is required ift the construction will result in one acre or more of disturbed area.  functioning.  J. Septic Waste Disposal  (1) All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater. Disposal Rules, and the following: a)clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than seventy-five (75) feet, horizontal distance, from the normal high-water line ofa water body or the upland edge ofa wetland and b) al holding tank is not allowed for ai first- NOTE: The Maine Subsurface Wastewater Disposal Rules require new systems, excluding fill extensions, to be constructed no less than one hundred (100) horizontal feet from the normal high-water line ofap perennial waterl body. Thei minimum: setback distance forar new subsurface  time residential use int the shoreland zone.  disposal system may not be reduced by variance.  K. Essential Services  (1) Where feasible, the installation of essential services shall be limited to existing public ways (a) Thei installation of essential services, other than road-side distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located sO as to minimize any adverse impacts on surrounding uses and resources, including visual impacts. (3) Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaçed or reconstructed without aj permit. L.N 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 ofless 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 bei immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public  and existing service corridors.  health and safety.  Mineral extraction may be permitted under the following conditions:  -22-    SOUTHTHOMASTONSHORELAND ZONING ORDINANCE  (1) Ar reclamation plan shall be filed with, and approved, by thel Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the (2) No part of any extraction operation, including drainage and runoff control features, shall be permitted within seventy-five (75) feet, horizontal distance, oft the normal high-water line ofa water body, tributary stream, or the upland edge ofa wetland. Extraction operations shall not be permitted within fifty (50) feet, horizontal distance, of any property line without written (3) 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 (a) All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or  requirements of Section 15 (L)(3) below.  permission of the owner of such adjacent property.  grades shall be established in accordance with the following:  covered on-site.  NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A., section 1301 and the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection's regulations may contain other applicable provisions regarding disposal ofs such materials. (b) The final graded slope shall be two and one-half to one (2 1/2:1) slope or flatter. (c) Top soil or loam shall be retained to cover all disturbed land areas, which shall bei 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. (4) In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary toi minimize the adversei impacts associated with mineral extraction  operations on surrounding uses and resources.  M. Agriculture  (1) All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the former Maine Department of Agriculture on November 1, 2001, (2) Manure shall not be stored or stockpiled within seventy-five (75) feet horizontal distance, ofa water body, tributary stream, or wetland. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or (3) Agricultural activities involving tillage ofs soil greater than forty thousand (40,000) square feet ins surface area, within the shoreland zone shall requirea Conservation Plan tol be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be  and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209).  contaminated storm water.  av violation of this Ordinance.  -23-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  NOTE: Assistance inj preparing a Conservation Plan may be available through the locai Soil and (4) There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, from water bodies and coastal wetlands; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Operations ine existence on the effective date ofthis (5) Newly established livestock grazing areas shall not be permitted within seventy-five (75) feet, horizontal distance, of water bodies and coastal wetlands, nor; within twenty-five (25) feet, horizontal distance, oftributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in contormance with the above setback provisions may continue, provided that such grazing is conducted in accordançe with a  Water Conservation District office.  ordinance and not in conformance with this provision may be maintained.  Conservation Plan that has been filed with the Planning Board.  N. Timber Harvesting - Statewide Standards  (1) Shoreline integrity and sedimentation. Persons conducting timber harvesting and related activities must take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of water body and tributary stream banks, water body andt tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, (2) Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line ofany water body or tributary stream, ort the upland edge ofa wetland. Section 15N(2) does not apply to1 minor, incidental amounts ofs slash that result from timber harvesting and related activities otherwise conducted in compliance (a) Slash actively used to protect soil from disturbance by equipment or to stabilize exposed soil, may bel left inj place, provided that no part thereof extends more than 4 feet above the  tributary streams and wetlands occurs, such conditions must be corrected.  with this section.  ground.  (b) Adjacent to rivers and wetlands:  (i) No accumulation ofs slash shall be left within 50 feet, horizontal distance, oft the normal (ii) Between 50 feet and 250 feet, horizontal distance, of the normal high-water line or upland edge ofa wetland, all slash larger than 3 inches in diameter must be disposed ofin such a manner that no part thereof extends more than 4 feet above the ground. (3) Timber harvesting and related activities must leave adequate tree cover and shall be conducted so that a well-distributed stand of trees is retained. This requirement may be satisfied by  high-water line or upland edge ofa wetland; and  following one ofthe following three options:  -24-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (a) Option 1 (40% volume removal), as follows:  (i) Harvesting of no more than 40 percent oft the total volume on each acre of trees 4.5 inches DBH or greater in any 10 year period is allowed. Volume may be considered (ii) A well-distributed stand of trees which is windfirm, and other vegetation including (iii) Within 75 feet, horizontal distance, ofther normal high-water linec ofriversand streams, and within 75 feet, horizontal distance, of the upland edge of a freshwater or coastal wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of total volume removal.  tol be equivalent to basal area;  existing ground cover, must ber maintained; and,  Volume may be considered equivalent to basal area. (b) Option 2 (60 square foot basal area retention), as follows:  (1)1 The residual stand must contain an average basal area ofa at least 60: square feet per acre of woody vegetation greater than or equal to 1.0 inch DBH, of which 40 square feet (ii) A well-distributed stand of trees which is windfirm, and other vegetation including (iii)Within 75 feet, horizontal distance, of the normal high-water line of water bodies and within 75 feet, horizontal distance, of the upland edge of wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line ofa a river or upland edge ofa wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of the average basal area. Volume may be considered equivalent to basal (c) Option 3 (Outcome based), which requires: An alternative method proposed in an application, signed by a Licensed Forester or certified wildlife professional, submitted by the landowner or designated agent to the State of Maine Department of Conservation's Bureau of Forestry (Bureau) for review and approval, which provides equal or better Landowners must designate on the Forest Operations Notification form required by 12 M.R.S.A. chapter 805, subchapter 5 which option they choose to use. If landowners choose Option 1 or Option 2, compliance will be determined solely on the criteria fort the option chosen. Iflandowners choose Option 3, timber harvesting and related activities may not begin until the Bureau has  per acre must be greater than or equal to 4.5 inches DBH; existing ground cover, must be maintained; and,  area.  protection oft the shoreland area than this rule.  approved the alternative method.  -25-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  The Bureau may verify that adequate tree cover and a well-distributed stand of trees is retained through a field procedure that uses sample plots that are located randomly or systematically to  provide a fair representation of the harvest area.  (4) Skid trails, yards, and equipment operation. This requirement applies to the construction,  maintenance, and use of skid trails and yards in shoreland areas.  (a) Equipment used in timber harvesting and related activities shall not use river, stream or tributary stream channels as travel routes except when surface waters are frozen and snow (b) Skid trails and yards must be designed and constructed to prevent sediment and concentrated water runoff from entering a water body, tributary stream, or wetland. Upon termination of  covered, and the activity will not result in any ground disturbance.  their use, skid trails and yards must be stabilized.  (c) Setbacks:  (i) Equipment must be operated to avoid the exposure of mineral soil within 25 feet, horizontal distance, of any water body, tributary stream, or wetland. On slopes of 10 percent or greater, the setback for equipment operation must be increased by 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 51 percent increasei ins slope above 10 percent. Where slopes fall away from the resource, no increase in the 25-foot (ii) Where such setbacks are impracticable, appropriate techniques shall be used to avoid sedimentation ofthev water body, tributary stream or wetland. Such techniques mayi include thei installation ofs sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption  setback is required.  ofs shoreline integrity occurs, such conditions must be corrected.  (5) Land Management Roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and freshwater wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordançe with the setback requirements in (a) Land management roads and associated ditches, excavation, and fill must be set back at least: () 100 feet, horizontal distance, from the normal high-water line ofa river or freshwater or (ii) 50 feet, horizontal distance, from the normal high-water line of streams; and (iii)25 feet, horizontal distance, from the normal high-water line of tributary streams (b) The minimum 100 foot setback specified in Section 15N(5)(a)(i) above may be reduced to no less than 50 feet, horizontal distance, and the: 50 foot setback specified in Section 15N(5)(a)(ii)  Section 15N(7) of this rule.  coastal wetland;  -26-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  above may be reduced to no less than 25 feet, horizontal distance, if, prior to construction, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of (c) On slopes of 10 percent or greater, the land management road setback must be increased by at least 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 5 (d) New land management roads are not allowed in al Resource. Protection District, unless, prior to construction, the landowner or the landowner's designated agent makes a clear demonstration to the Planning Board's satisfaction that no reasonable alternative route exists outside the shoreland zone, and that the new road must be set back as far as practicable from the normal (e) Ditches, culverts, bridges, dips, water turnouts and other water control installations associated with roads must be maintained on a regular basis to assure effective functioning. Drainage structures shall deliver a dispersed flow ofwateri into an unscarified filter strip no less than the width indicated in the setback requirements in Section 15N(7). Where such a filter strip is impracticable, appropriate techniques shall be used to avoid sedimentation oft the water body, tributary stream, or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts plaçed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such (f) Road closeout and discontinuance. Maintenance of the water control installations required in Section 15N(5)(e) must continue until use ofthe road is discontinued and the roadi is put to bed by effectivei installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to avoid: surface water flowing over or under the water bar, and extending asufficient distance beyond the traveled way so that water does not reenter the road surface. (g) Upgrading existing roads. Extension or enlargement of presently existing roads must conform to thej provisions of Section 15N. Any nonconforming existing road may continue to exist and to be maintained, as long as the nonconforming (h) Exception. Extension or enlargement ofp presently existing roads need not conform to the setback requirements of Section 15N(5)(a) if, prior to extension or enlargement, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of  shorelinei integrity occurs, such conditions must be corrected.  percent increase in slope above 10 percent.  high-water line and screened by existing vegetation.  conditions must be corrected.  conditions are not made more noncontorming.  shoreline integrity occurs, such conditions must be corrected.  -27-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE (i) Additional measures. In addition to the foregoing minimum: requirements,  persons undertaking construction and maintenance of roads and river, stream and tributary stream crossings must take reasonable measures to avoid sedimentation ofs surface waters. (6) Crossings of waterbodies. Crossings of rivers, streams, and tributary streams must allow for fish passage at all times of the year, must not impound water, and must allow for the maintenance of (a) Determination of flow. Provided they are properly applied and used for the circumstances for which they are designed, methods including but not limited to the following are acceptable as a means of calculating the 10 year and 25 year frequency water flows and thereby determining water crossing sizes as required in Section 15N: Thel United States Geological Survey(USGS) Methods; specifically: Hodgkins, G. 1999. Estimating the Magnitude of Peak Flows for Streams in Maine for Selected Recurrence Intervals. U.S. Geological Survey. Water Resources (b) Upgrading existing water crossings. Extension or enlargement of presently existing water crossings must conform to the provisions of Section 15N. Any nonconforming existing water crossing may continue to exist and be maintained, as long as the nonconforming conditions are not made more nonconforming; however, any maintenance or repair work done below the (c) Other Agency Permits. Any timber harvesting and related activities involving the design, construction, and maintenance of crossings on waterbodies other than a river, stream or tributary stream may require a permit from the Land Use Regulation Commission, the Department of Environmental Protection, or the US Army Corps of Engineers. (d) Any timber harvesting and related activities involving the design, construction, and maintenance of crossings of freshwater wetlands identified by the Department of Inland Fisheries and Wildlife as essential wildlife habitat require prior consultation with the (e) Notice to Bureau of Forestry. Written notice of all water crossing construction maintenance, alteration and replacement activities ins shoreland. areas must be given to the Bureau prior to the commencement of such activities. Such notice must contain all information required by the  normal flows.  Investigations Report 99-4008. 45 pp.  normal high-water line must conform to thej provisions of Section 15N.  Department ofI Inland Fisheries and' Wildlife.  Bureau, including:  (i) amap showing the location of all proposed permanent crossings; (ii) the GPS location of all proposed permanent crossings; agencies, a copy of the approved permit or permits; and  (ii) for any temporary or permanent crossing that requires a permit from state or federal (iv) a statement signed by the responsible party that all temporary and permanent crossings will be constructed, maintained, and closed out in accordance with the  requirements oft this Section.  (f) Water crossing standards. All crossings ofr rivers require al bridge or culvert sized according to the requirements of Section 15N(6)(g)) below. Streams and tributary streams may be crossed  using temporary structures that are not bridges or culverts provided: (i) concentrated water runoff does not enter the stream or tributary stream; (ii) sedimentation ofs surface waters is reasonably avoided;  -28-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE (iii) there is no substantial disturbance oft thel bank, or stream or tributary stream channel;  (iv) fish passage is not impeded; and, (v) water flow is not unreasonably impeded.  Subject to Section 15N(6)(f)(i-v) above, skid trail crossings of streams and tributary streams when channels of such streams and tributary streams are frozen and snow-covered or are composed ofal hard surface which will not be eroded or otherwise damaged are not required to (g) Bridge and Culvert Sizing. For crossings oft river, stream and tributary stream channels with a (i) Bridges and culverts must be installed and maintained to provide an opening sufficient in size and structure to accommodate 10 year frequency water flows or with ac cross-sectional area at least equal to 2 1/2 times the cross-sectional area oft the river, stream, or tributary (ii) Temporary bridge and culvert sizes may be smaller than provided in Section 15N(6)(g)() ift techniques are effectively employed such that in the event of culvert or bridge failure, the natural course of water flow is maintained and sedimentation of the water body or tributary stream is avoided. Such crossing structures must be at least as wide as the channel and placed above the normal high-water line. Techniques may include, but are not limited  use permanent or temporary structures.  bridge or culvert, the following requirements apply:  stream channel.  to, the effective use of any, a combination of, or all of the following: 1. use of temporary skidder bridges; 2. removing culverts prior to the onset of frozen ground conditions; 3. using water bars in conjunction with culverts; 4. using road dips in conjunction with culverts.  (iii) Culverts utilized int river, stream and tributary stream crossings must:  1. be installed at or below river, stream or tributary stream bed elevation; 3. have soil compacted. at least halfway up the side oft the culvert; 4. be covered by soil to a minimum depth of1 foot or according to the culvert manufacturer's specifications, whichever is greater; and 5. have al headwall at the inlet end which is adequately stabilized by riprap or other suitable means to reasonably avoid erosion ofmaterial around the culvert. (iv)River, stream and tributary stream crossings allowed under Section 15N, but located in flood] hazard areas (i.e. Az zones) asi identified on ac community's Flood! Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps (FHBM), must be designed and constructed under the stricter standards contained in that community's National Flood Insurance Program (NFIP). For example, a water crossing may bei required toj pass a 100-year flood (v) Exception. Skid trail crossings of tributary streams within shoreland areas and wetlands adjacent to such streams may be undertaken in a manner not in conformity with the requirements of the foregoing subsections provided persons conducting such activities take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance ofstream banks, stream channels, shorelines, and soil lying within ponds and wetlands. If, despite such precautions, the disruption of shoreline  2. bes seated on firm ground;  event.  -29-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  integrity, sedimentation of water, or the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands occurs, such conditions must' be corrected. (h) Skid trail closeout. Upon completion of timber harvesting and related activities, or upon the expiration ofal Forest Operations Notification, whicheveri is earlier, the following requirements (1) Bridges and culverts installed for river, stream and tributary stream crossings by skid trails must either be removed and areas of exposed soil stabilized, or upgraded to comply with the closeout standards for land management roads in Section15N(6)0) below. (ii) Water crossing structures that are not bridges or culverts must either be removed immediately following timber harvesting and related activities, or, if frozen into the river, stream or tributary stream bed or bank, as soon as practical after snowmelt. (iit)River, stream and tributary stream channels, banks and approaches to crossings of water bodies and tributary streams must be immediately stabilized on completion ofl harvest, or ifthe ground is frozen and/or snow-covered, as soon as practical after snowmelt. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such (i) Land management road closeout. Maintenance ofthe water control features must continue until use oft the road is discontinued and the road is put to bed by taking the following actions: (i) Effective installation of water bars or other adequate road drainage structures ata appropriate intervals, constructed to reasonably avoid surface water flowing over or under the water bar, and extending sufficient distance beyond the traveled way sO that water does not (ii) Water crossing structures must be appropriately sized or dismantled and removed in a manner that reasonably avoids sedimentation of the water body or tributary stream. (iii)Any bridge or water crossing culvert in roads to be discontinued shall satisfy one of the 1.i it shall be designed to provide an opening suffiçient in size and structure to 2. its shall be designed to provide an opening with a cross-sectional area at least 3 1/2 times the cross-sectional area ofthe river, stream or tributary stream channel; or 3. itshall be dismantled and removed in a fashion to reasonably avoid sedimentation of If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs,  apply:  conditions must be corrected.  reenter the road surface.  following requirements:  accommodate 25 year frequency water flows;  the river, stream or tributary stream. such conditions must be corrected.  (7) Slope Table  Filter strips, skid trail setbacks, and land management road setbacks must be maintained as specified in Section 15N, but in no case shall bel less than shown in the following table. Average slope of land between exposed mineral Width ofs strip between exposed  soil and the shoreline (percent)  mineral soil and shoreline  -30-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  (feet along surface of the ground)  0 10 20 30 40 50 60 70  25 45 65 85 105 125 145 165  O. Clearing or Removal of Vegetation for Activities Other' Than Timber Harvesting  (1) In any Resource! Protection District the cutting or removal of vegetation shall be limited to that (2) Except in areas as described in Section O(1), above, within a strip ofl land extending seventy- five(75) feet, horizontal distance, from a other water body, tributary stream, or the upland edge (a) There shall ber no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation ifa forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath: not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline provided that a cleared line of sight to the water through the buffer strip is not (b) Selective cutting oftrees within thel buffer stripi is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of Section 15(0)(2)(b)a' "well-distributed: stand oftrees" shalll be defined as maintaining ai rating score of16 or more in each 25-foot by 50-foot rectangular (1250 square feet) area as determined  which is necessary for uses expressly authorized in that district.  ofa wetland, al buffer strip of vegetation shall be preserved as follows:  created.  by the following rating system. Diameter ofTree at 4-1/2 feet Above Ground Level (inches) 2-<4in. 4- <8in. 8-<12in. 12 in. or greater  Points 1 2 4 8  NOTE: As an example, ifa25-foot> x 50-foot plot contains four( (4)trees between 2 and 4i inches in diameter, two trees between 4 and 8i inches in diameter, three trees between 8 and 12i inches in diameter, and two trees over 12 inches in diameter, the rating score is:  (4x1)+(2x2) + (3x4) + (2x8) = 36 points  Thus, the 25-foot by 50-foot plot contains trees worth 36 points. Trees totaling 20 points (36- 16 =20) may be removed from the plot provided that no cleared openings  are created.  -31-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE The following shall govern in applying this point system:  (i) The 25-foot by 50-foot rectangular plots must be established where the landowner (ii) Each successive plot must be adjacent to, but not overlap aj previous plot; (iri) Any plot not containing the required points must have no vegetation removed (iv). Any plot containing the required points may have vegetation removed downt to the minimum points required or as otherwise allowed by is Ordinance; (v) Where conditions permit, no more than 50% of the points on any 25-foot by 50- foot rectangular area may consist oft trees greater than 12 inches in diameter. For the purposes of Section 15(0)(2)(b) "other natural vegetation" is defined as retaining existing vegetation under three (3) feet in height and other ground cover and retaining at least five (5) saplings less than two (2) inches in diameter at four and one half (4) %) feet above ground level for each 25-foot by 50-foot rectangle area. Iffive saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until 5 saplings have Notwithstanding the above provisions, no more than 40% of the total volume oft trees four (4) inches or morei in diameter, measured: at 41 1/2 feet above ground level may be removed (c) In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as  or lessee proposes clearing within the required buffer; except as otherwise allowed by this Ordinance;  been recruited into the plot. in any ten (10) year period.  described in Section 15(0) paragraphs (2) and (2)(a) above. (d) Pruning of tree branches, on the bottom 1/3 of the tree is allowed.  (e) In order to maintain al buffer strip of vegetation, when the removal ofs storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Section P, below,unless existing new tree growth is (f) Ino order to maintain the vegetation int the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the Section 15(0)(2) does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are. limited to the minimum area neçessary. (3) At distances greater than one seventy-five (75) feet, horizontal distance, from the normal high- water line of any water body, tributary stream, or the upland edge ofa wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume oft trees four (4) inches or morei in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes ofthese standards volume may  present.  requirements of Section 15.0(2).  be considered to be equivalent to basal area.  -32-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Ini no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% oft the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared. This provision applies to the portion of a lot within the shoreland zone, including the buffer area, but shall not apply to the General (4) Legallyexisting nonconforming cleared openings may bei maintained, but shall not be enlarged, (5) Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall bei regulated under the provisions of Section 15(0).  Development or Commercial Fisheries/Maritime Activities Districts.  except as allowed by this Ordinance.  P. Hazard Trees, Storm-Damaged Trees, and Dead' Tree Removal.  (1) Hazard trees in the shoreland zone may be removed without aj permit after consultation with the (a) Within the shoreline buffer, ifthe removal ofal hazard tree results in a cleared opening in the tree canopy greater than twol hundred and fifty (250) square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one half(4.5) feet above the ground level. Ifnew growth is not present, then replacement trees shall consist of native species and be at least four (4) feet in height, and be no less than two (2) inches in diameter. Stumps may not (b) Outside oft the shoreline buffer, when the removal of! hazard trees exceeds forty (40) percent oftl the volume of trees four (4) inches or more: in diameter, measured at four and onel half (4.5) feet above ground level in any ten (10): year period, and/or results in cleared openings exceeding twenty-five (25) percent oft the lot area within the shoreland zone, or ten thousand (10,000). square feet, whichever is greater, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one half (4.5) feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least two (2) inches in diameter, measured at four and onel half(4.5) feet above the ground level. (c) The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation oft new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision dead trees are those trees that contain no foliage during the (d) The Code Enforcement Officer may require the property owner to submit an evaluation from al licensed forester or arborist before any hazard tree can be  Code Enforcement Officer ift the following requirements are: met:  ber removed.  growing season.  removed within the shoreland zone.  10  -33-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE (e) The Codel Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed eight (8)i inches in diameter measured at four and one  half(4.5) feet above the ground level.  (2)S Storm-damaged trees int the shoreland zone may be removed without aj permit after consultation with the Code Enforcement Officer ift the following requirements are met: (a) Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy. greater than two hundred and fifty (250) square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following (i) The area from which a storm-damaged treei is removed does not result in new lawn  requirements must be met:  areas, or other permanently cleared areas;  (ii) Stumps from the storm-damaged trees may not be removed;  (ii)Limbs damaged from a storm event may be pruned even ifthey extend beyond the (iv)If after one growing season, no natural regeneration or regrowth is present, replanting ofnativet tree seedlings or saplings is required at a density yofone seedling  bottom one-third (1/3)oft the tree; and  per every eighty (80) square feet of1 lost canopy.  (b) Outside oft the shoreline buffer, ift thei removal of storm damaged trees exceeds 40% ofthe volume of trees four (4) inches or more in diameter, measured at four and one half(4.5) feet above the ground level in any ten (10) year period, or results, in the aggregate, in cleared openings exceeding 25% oft the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.  Q. Exemptions to Clearing and Vegetation Removal Requirements and the removal of vegetation is limited to that which is necessary:  The following activities are exempt from the clearing and vegetation removal standards set forth in Section 15(P), provided that all other applicable requirements of this chapter are complied with,  (1) The removal of vegetation that occurs at least once every two (2) years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. Ifany of these areas, due to lack of removal of vegetation every two (2) years, reverts back to primarily woody vegetation, the requirements of Section 15(0) apply; (2) The removal of vegetation from the location of allowed structures or allowed uses, when the (3)Ther removal of vegetation from the location ofp public swimming areas associated with an allowed (4)" The removal of vegetation associated with allowed agricultural uses, provided best  shoreline setback requirements of section 15(B) are not applicable;  public recreational facility;  management practices are utilized, and provided all requirements ofs section 15M are complied  with;  34-    SOUTH THOMASTON: SHORELAND ZONING ORDINANCE  (5)The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects provided that the removal of vegetation is necessary for remediation activities to clean-up contamination on a site in a general development district, or other equivalent zoning district approved by the Commissioner that is part ofa a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A section 343-E, and that is located along ai river that does not flow to a great pond classified as GPA  pursuant to 38 M.R.S.A section 465-A.  (6) The removal of non-native invasive vegetation species, provided the following minimum (a) Ifremoval of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least twenty-five (25) feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may! be operated or stored on existing structural surfaces, such as pavement or gravel; (b) Removal of vegetation within twenty-five (25) feet, horizontal distance, from the  requirements are met:  shoreline occurs via hand tools; and  (c) Ifapplicable clearing and vegetation removal standards are exceeded due to the removal of non-native invasive species vegetation, the area shall be revegetated with native species to  achieve compliance.  (7) The removal of vegetation associated with emergency response activities conducted by the  Department, the U.S. Environmental Protection Agency, and their agents.  R. Revegetation Requirements.  When revegetation is required ini response to violations of the vegetation standards set forth in Section 15(P), to address the removal ofnon- native invasive species of vegetation, or asa mechanism to allow for development that may otherwise not bej permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegation must comply (1)1 The property owner must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include as scaled site plan, depicting where vegetation was, or is to be removed, where existing vegetation is to remain, and where vegetation is to be planted, including a list ofa all vegetation to be planted. (2) Revegetation must occur along the same segment ofs shoreline and in the same: area where vegetation was removed and at a density comparable to the pre-existing vegetation, except wherea shoreline stabilization activity does not allow revegetation to occur in thes same area and at a density comparable to the pre-existing vegetation, in which case revegetation must occur along the same segment ofs shoreline and as close as possible to the area where vegetation was removed: (3)I Ifpart ofa a permitted activity, revegetation shall occur before the expiration oft the permit. Ifthe activity or revegetation is not completed before the expiration ofthe permit, a newi revegetation plan shall be submitted with any renewal or new permit application. (4) Revegetation activities must meet the following requirements for trees and saplings:  with the following requirements.  12  -35-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (a) All trees and saplings removed must be replaced with native noninvasive species; (b) Replacement vegetation must at a minimum consist ofs saplings;  (c) Ifmore than three (3) trees or saplings are planted, then at least three (3) different species shall (d) No one species shall make up 50% or more oft the number oft trees and saplings planted; (e) Ifrevegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings int the same area where trees or saplings were removed, then trees or sapling must be planted in al location that effectively reestablishes the screening between the shoreline (f) As survival rate of at least eighty (80) percent of planted trees or saplings is required fora (5)E Revegetation activities must meet the following requirements for woody vegetation and other  be used;  and structures; and  minimum five (5) years period. vegetation under three (3) feet in height:  (a) All woody vegetation and vegetation under three (3) feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three (3) feet in height as (b) Woody vegetation and vegetation under three (3) feet inl height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater; (c)Ifmore than three (3) woody vegetation plants are to be planted, then at least three (3) (d)No one species shall make up 50% or more of the number of planted woody (e) Survival of planted woody vegetation and vegetation under three feet inl height must be sufficient to remain in compliance with the standards contained within this chapter for  applicable;  different species shall be planted; vegetation plants; and  minimum of five (5): years  (6) Revegetation activities must meet the following requirements for ground vegetation and ground (a) All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide (b)Where necessary due to al lack ofs sufficient ground cover, an area must be supplemented with at minimum four (4) inch depth of leaf mulch and/or bark mulch to prevent erosion and (c) Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five  cover:  for effective infiltration of stormwater;  provide for effective infiltration ofs stormwater; and  (5)years.  13  36    SOUTHTHOMASTONS SHORELAND ZONING ORDINANCE  S. Erosion and Sedimentation Control  (1) All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall bes submittedi to thej permitting authority  for approval and shall include, where applicable, provisions for: (a) Mulching and revegetation of disturbed soil.  (b) Temporary runoff control features such as hay bales, silt fencing or diversion ditches. (c) Permanent stabilization struçtures such as retaining walls or rip-rap.  (2) In order to create the least potential for erosion, development shall be designed to fit with the topographyand: soils ofthesite. Areas ofsteep slopes where high cuts and fills mayl ber required shall be avoided wherever possible, and natural contours shall be followed as closely as (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 ofexposed: soil at every phase cofconstruction. shall bei minimized tor reduce thej potential (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. Ina all cases permanent stabilization shall occur within nine (9) months of (a) Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established. (b) Anchoring the mulch with netting, peg and twine or other suitable method may ber required (c) Additional measures shall be taken where necessary in order to avoid siltation into the water. Such: measures may include the use of staked hay bales and/or silt fences. (5) Natural and man-made drainage ways and drainage outlets shall bej 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 T. Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigationand bep prepared by state-certified professionals. Certified persons mayi include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation ofsoil properties. The report shall be based upon the analysis of the characteristics oft the soil and  possible.  for erosion.  thei initial date of exposure. In addition:  toi maintain the mulch cover.  lined with riprap.  -37-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  surrounding land and water areas, maximum ground water elevation, presence ofl 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. U. 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 oft the water body, tributary stream or wetland. V. Archaeological Site. 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. NOTE: Municipal officials should contact the Maine Historic Preservation Commission for the listing W. Lighting: All exterior lighting shall be shielded to prevent direct glare on adjoining  and location of Historic Places in their community.  residential property or public rights of way. 16. Accessory Dwelling Units subject to the following standards:  Accessory dwellings shall be subject to Code Enforcement Officer review and shall be permitted  1. The accessory dwelling unit may be constructed in any district in which residential uses are permitted and may be located within an existing dwelling, attached to an existing single-family detached dwelling unit or as a separate accessory building. 2. The accessory dwelling unit shall be subject to the same permitting, minimum lot sizes and frontagc requirements as a dwelling unit ifk located within or attached to an existing dwelling, oras single-family detached dwelling. ifconstructed as a separate building. 3. No more than one accessory dwelling unit may be located on any property on whicha 4.The accessory dwelling unit shall be subject to the same setback requirements 5.1 No additional parking shall be required for any accessory dwelling.  single-family detached dwelling already exists. applicable to an accessory building.  6.The accessory dwelling unit shall be at least 190 square fect in size and no more than 865 square feet or 66 % oft the square footage oft the principal dwelling. whichever is less. 7.No permit for an accessory dwelling unit may issue until the applicant has provided written verification that the accessory dwelling unit will have adequate connection to water and wastewater services, as required by 30-A M.R.S.A $4364-B(7). as amended.  38-    SOUTHTHOMASTONSHORELAND ZONING ORDINANCE  1617. Administration  A. Administering Bodies and Agents  (1) Code Enforcement Officer. A Code Enforcement Officer shall be appointed or reappointed (2) Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of (3) Planning Board. A Planning Board shall be created in accordançe with the provisions of State B. Permits Required. After the effective date of this Ordinance no person shall, without first obtaining ap permit, engagei in any activity or use ofland or structure requiring a permit int the district in which sucha activity or use would occur; or expand, change, or replace an existing use or structure; or demolition of any structure or land use: or renew a discontinued nonconforming use. Apermit is required to construct a swimming pool. A person who is issued a permit pursuant to this Ordinance shall have a copy of the permit on site while the work authorized by the permit is (1) A permit is not required for the replacement of an existing road culvert as long as: (a) The replacement culvert is not more than 25% longer than the culvert being replaçed;  annually by July Ist. 30-A M.R.S.A. section 2691.  law.  performed.  (b) The replacement culvert is not longer than 75 feet; and the crossing does not block fish passage in the watercourse.  (c) Adequate erosion control measures are taken to prevent sedimentation of the water, and (2) Aj permit is not required foranarchaeological excavation: as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's level 1 or level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate (3) Any permit required by this Ordinance shall be in addition to any other permit required by other  and timely temporary and permanent stabilization measures.  law or ordinance. C. Permit Application  (1) Every applicant for a permit shall submit a written application, including a scaled site plan, on af form provided by the municipality, to the Code Enforcement Officer. Each application must include a non-refundable fee, according to the permit fee schedule established by the Select Board. Ifthe appliçation will require Planning Board review, eight (8) copis ofthe application (2) All appliçations shall bes signed by an owner or individual who can show evidence ofr right, title orinteresti in the property or by an agent, representative, tenant, or contractor ofthe owner with authorization from the owner to apply for a permit hereunder, certifying that the information  and supporting documents are: required.  in the application is complete and correct.  -39-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (3) All applications shall be dated, and the Code Enforcement Officer shall note upon each (4) If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would (5) When an excavation contractor will perform an activity that requires or results ini more than one (1) cubic yard ofs soil disturbance, the person responsible for management ofe erosion and sedimentation control practices at the site must be certified in erosion control practices by thel Maine Department ofl Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay inj place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number oft the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to aj person or firm engaged in agriculture or timber harvesting ifbest management practices for erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that  application the date and time ofi its receipt.  require the installation ofas subsurface sewage disposal system.  employment.  D. Procedure for Administering Permits. Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in Section 14, shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is 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 35 days of receiving a completed application. However, ifthel Planning Board has a waiting list of appliçations, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of The applicant shall have thel burden of proving that the proposed land use activity is in conformity After the submission of a complete application, the Planning Board or the Code Enforcement Officer, as applicable, shall approve an application or approve it with conditions if it makes a  this Ordinance.  with the purposes and provisions oft this Ordinance.  positive finding based on thei information presented that the proposed use:  (1) Will maintain safe and healthful conditions;  (2) Will not result in water pollution, erosion, or sedimentation to surface waters; (3) Will adequately provide for the disposal ofall wastewater;  (4) Will not have an adverse. impact on spawning grounds, fish, aquatic life, bird or other wildlife  habitat;  40-    SOUTH' THOMASTON SHORELAND ZONING ORDINANCE  (5) Will conserve shore cover and visual, as well as actual, points of access to inland and coastal (6) Will protect archaeological and historic resources as designated in the comprehensivep plan; (7) Will not adversely affect existing commercial fishing or maritime activities in a Commercial  waters;  Fisheries/Maritime Activities district;  (8) Will avoid problems associated with floodplain development and use; and (9) Is in conformance with the provisions of Section 15, Land Use Standards. The Planning Board may require additional conditions, specification, criteria and standards necessary to protect the publici interest and to fit such uses harmoniously and compatibly: into their neighborhood and location. Such conditions may include, but are not limited to:  (1)i increased setbacks;  (2) specified water supplies or sewage disposal facilities, as well as the impact of the use on the quality and quantity of groundwater available to abutting properties, is comparable to that for surrounding uses, and the capacity of sewerage and water supply systems is adequate to accommodate the proposed use and, where applicable, the capacity of the storm drainage system is adequate to accommodate the proposed use. Any uses in fragile/sensitive areas, such as Spruce Head Island should consider how (3) type of vegetation, landscaping, planting screens, installation and maintenance of effective opaque fencing and to provide visual screening at least six feet in height to be located along side and rear property lines that abut properties in residential use; (4) periods and methods of operation, including types of services provided, clientele and populations to be served, staffing requirements, security provisions, hours of operation, anticipated parking demand and peak hour traffic; lighting; signs, markings and advertisement; the generation of noise, dust, odor, vibration, glare, smoke, litter and other nuisances in comparison to that generated by surrounding uses; that the proposed onsite use shall not be of a character as to have significant adverse impact (5) routing of traffic, to include vehicular and pedestrian access and circulation to, from, into and within the site that will be safe and no public way will be overburdened or made hazardous as a result of the new use of and or development of the property; that vehicular access to the site will be on roads which have adequate capacity to accommodate the additional traffic generated by the development as certified by a licensed traffic engineer; and that topography of the site shall permit the construction of all driveways, entrances or proposed streets to meet the standards set forth in the South Thomaston Land Use Ordinance or applicable State of Maine standards; (6) professional and safe operation consistent with the proposed use, including: provision of documentation and receipt of all approvals and licenses required by any and all government agencies of competent jurisdiction; that adequate facilities are present to assure the safety of pedestrians passing by or through the site; that municipal or other  groundwater will be impacted:;  upon the value or quiet possession of surrounding properties.    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  facilities serving the proposed use will not be overburdened or made hazardous; and the ability of the fire department to provide necessary protection services to the site and (7) the size and character of proposed use is reasonably comparable to the size of surrounding uses; and unusual physical characteristics of the site, including size of the lot, shape of the lot, topography, and soils, do not aggravate or cause adverse impacts  development is adequate;  upon surrounding properties;  (8) maintenance and inspection of sewage disposal facilities;  (9) and other required performance guarantees as specified in the application review  process.  Ifap permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure wouldb bel locatedi in an unapproved: subdivision or would violate any other local ordinance, E. Special Exceptions. In addition to the criteria specified in Section 16(D) above, excepting structure setback requirements, the Planning Board may approve a permit for a single family residential structure in a Resource Protection District provided that the applicant demonstrates that (1) There is no location on the property, other than a location within the Resource Protection (2) The! lot on' which the structure is proposed is undeveloped and was established. and recorded in the registry of deeds of the county in which the lot is located before the adoption of the  ori regulation or statute administered by the municipality.  all oft the following conditions are met:  District, where the structure can bel built.  Resource Protection District.  (3) All proposed buildings, sewage disposal systems and other improvements are: (a) Located on natural ground slopes of less than 20%; and  (b) Located outside the floodway of the 100-year flood-plain along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year flood-plain elevation; and the development is otherwise in compliance with any applicable municipal flood-plain ordinançe. Ift the floodway is not shown on the Federal Emergency Management Agency Maps, it is (4) The total footprint, including cantilevered or similar overhanging extensions, ofa all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall (5) All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest  deemed to be 1/2 the width of the 100-year flood-plain.  not be altered by variance.  42-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth ofthe lot, the slope oft the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the flood-plain, and its proximity to moderate-value and F. Expiration of Permit. Permits shall expire one year from the date of issuance ifa substantial start is not made in construction or in the use oft thej property during that period. Ifa substantial start is made within one year of the issuance oft the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire. To start construction is to place forms for a foundation, or tol begin erection or assembly of an addition, building or structure ont the site. An extension oft time to start construction shall be granted upona application to G. Installation of Public Utility Service. Aj public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the shoreland zone unless writtena authorization attesting to the validityand currency ofall local permits required under this or any previous Ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.  high-value wetlands.  and approval by the permit issuing authority for reasonable cause.  H. Appeals  (1) Powers and Duties of the Board of Appeals. The Board of Appeals shall have the following (a) Administrative Appeals: To hear and decide administrative appeals, on an appellate basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Planning Board in the administration oft this Ordinance; and tol hear and decide administrative appeals on a de novo basis where iti is alleged by an aggrieved party that there is an error in any order,requirement, decision or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of and action on a permit application under this Ordinance. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this (b) Variance Appeals: To authorize variances upon appeal, within the limitations set forth in  powers:  ordinance is not appealable to the Board of Appeals.  this Ordinance.  (2) Variance Appeals. Variances may be granted only under the following conditions:  (a) Variances may be granted only from dimensional requirements including, but not limited to, lot width, structure height, percent oflot coverage, and setback requirements. (b) Variances shall not be granted for establishment of any uses otherwise prohibited by this  Ordinance.  (c) The Board shall not grant a variance unless it finds that:  (i) The proposed structure or use would meet the provisions of Section 15 except for the specific provision which has created the non-conformity and from which reliefi is sought;  and  43-    SOUTHTHOMASTONSHORELAND ZONING ORDINANCE  (ii) The strict application oft the terms ofthis Ordinance would result int undue hardship. The a. That the land in question cannot yield a reasonable return unless a variance is b. That the need for a variance is due tot the unique circumstances oft the property and That the granting of a variance will not alter the essential character of the locality; d. That thel hardship is not the result of action taken by the applicant or aj prior owner. (d) Notwithstanding Section 16(H)(2)(c)(n) above, the Board of Appeals, or the codes enforcement officer if authorized in açcordance with 30-A MRSA $4353-A, may grant a variançe to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. 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 dwelling by the person with the disability. Thel board may impose conditions on the variance, including limiting the variance to the duration oft the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roofs systems necessary for thes safety ore effectiveness oft the structure.A Any permit issued pursuant to this subsection is subject to (e) The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with thej purposes andj provisions ofthis Ordinancet 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. (f) A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least twenty (20) days prior to action" by the Board of Appeals. Any comments received from the Commissioner prior to the action by the Board of Appeals shall bei made part oft the record and shall bet takeni into consideration  term' "undue hardship" shall mean:  granted;  not to the general conditions in the neighborhood;  and  Sections 16(H)(2)(f) and 16(H)(4)(b)(iv) below.)  by the Board of Appeals. (3) Administrative Appeals  When the Board of Appeals reviews a decision of the Code Enforcement Officer the Board of Appeals shall hold a "de novo" hearing. At this time the Board may receive and consider new evidence and testimony, be it oral or written. When acting in a "de novo" capacity the Board of Appeals shall hear and decide the matter afresh, undertaking its own independent analysis of When the Board of Appeals hears a decision of the Planning Board, it shall hold an appellate hearing, and may reverse the decision of the Planning Board only upon finding that the decision was contrary to specific provisions of the Ordinance or contrary to the facts presented to the Planning Board. The Board of Appeals may only review the record oft the proceedings before  evidence and the law, and reaching its own decision.  44-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  the Planning Board. The Board Appeals shall not reçeive or consider any evidence which was not presented to the Planning Board, but the Board of Appeals may receive and consider written or oral arguments. Ift the Board of Appeals determines that the record of the Planning Board proceedings are inadequate, the Board of Appeals may remand the matter to the Planning Board  for additional fact finding. (4) Appeal Procedure (a) Making an Appeal  (i) 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, except for enforcement-related matters as described: in Section 16(H)(1)(a): above. Such an appeal shall be taken within thirty (30) days of the date of the official, written decision appealed from, and not otherwise, except that the Board, upon a showing of (ii) Applications for appeals shall be made by filing with the Board of Appeals a written a. Ac concise written statement indicating what relief is requested and why the appeal b. A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the reliefs sought. (ii)Upon receiving an application for an administrative appeal or a variance, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all oft the papers constituting the record oft the decision appealed from. (iv) Thel Board of Appeals shalll hold aj publici hearing on an administrative appeal orar request fora variance within thirty-five (35) days ofi itsi receipt ofac complete written application,  good cause, may waive the thirty (30) day requirement.  notice of appeal which includes: or variance should be granted.  unless this time period is extended by the parties.  (b) Decision by Board of Appeals  (i) A majority of the full voting membership of the Board shall constitute a quorum for  the purpose of deciding an appeal.  (ii)7 The person filing the appeal shall have the burden of proof.  (iti) Thel Board shall decide all administrative appeals and variance appeals within thirty five (35) days after the close of the hearing, and shall issue a written decision on all (iv)The Board of Appeals shall state the reasons and basis for its decision, including a statement oft the facts found and conclusions reached by the Board. The Board shall cause written notice of its decision to be mailed or hand-delivered to the applicant and to the Department of Environmental Protection within seven (7) days of the Board's decision. Copiesofwritten decisions ofthe Board of Appeals shalll be given to the Planning Board, Codel Enforcement Officer, and thei municipal officers.  appeals.  45-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  (5) Appeal to Superior Court. Except as provided by 30-A M.R.S.A. section 2691(3)(F), any aggrieved party who participated as aj party during thej proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with State laws within forty-five (45) days (6) Reconsideration. In accordance with 30-A M.R.S.A. section 2691(3)(F), the Board of Appeals may reconsider any decision within forty-five (45) days ofi its prior decision. A request to the Board to reconsider a decision must be filed within ten (10) days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within forty-five (45) days of the date of the vote on the original decision. Reconsideration ofa decision shall require aj positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, planning board, code enforcement officer, and other parties ofi interest, including abuttors and those who testified at the original hearing(s). The Board may conduct additional hearings and receive Appeal of a reconsidered decision to Superior Court must be made within fifteen (15) days after  from the date of any decision oft thel Board of Appeals.  additional evidence and testimony. the decision on reconsideration.  Enforcement  (1) Nuisances. Any violation of this Ordinance shall be deemed to be a nuisance.  (2) Code Enforcement Officer  (a) It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance. Ifthe Code Enforcement Officer shall find that any provision of this Ordinance isb being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature ofthe violation and ordering the action necessary to correct it, including discontinuance ofi illegal use ofland, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy ofs such notices shall bes submitted to the municipal officers and be maintained as aj permanent record. (b) 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 ofthis Ordinance. (c) 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 thel Director of the Bureau ofLand and Water Quality within the (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 Offiçer, are hereby 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. The municipal officers, or their authorized agent, are hereby authorized to enter  Department of Environmental Protection.  46-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  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 therei 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 official and therei is no evidence that the owner acted int bad faith, or unless the removal of the structure or use will result in at threat or hazard toj public health and safety or will result in (4) Fines. Any person, including but not limited to al landowner, al andownersagent or a contractor, who violates any provision or requirement of this Ordinance shall be penalized in accordance NOTE: Current penalties include fines ofr not less than $100 nor more than $2500 per violation for each day that the violation continues. However, in a resource protection district the  substantial environmental damage. with 30-A, M.R.S.A. section 4452.  maximum penalty is increased to $5000 (38 M.R.S.A. section 4452).  17-18 Definitions.  Abutting Property - any lot which is physically contiguous with thel lot in question even ifonly at aj point and any lot which is located directly across aj public street or way from the lot in question. Accessory Dwelling Unit: A self-contained dwelling unit, featuring living, cooking and bathroom facilities, designed for and occupied by not more than one (1) family and located 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 roofor a Aggrieved party - an owner ofl land whose property is directly or indirectly affected by the granting or denial ofaj permit or variance under this Ordinance; a person whose land abuts land for which aj permit or variance has been granted; or any other person or group of persons who have suffered particularized Agriculture the production, keeping or maintenance for sale or lease, ofp plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green-house products. Aquaçulture the growing or propagation of harvestable freshwater, estuarine, or marine plant or animal Automobile Graveyard : a yard, field or other outdoor area used to store 3 or more unregistered or uninspectedi motor vehicles, as defined in Title 29-A, section 1010,subsection: 42, or parts oft the vehicles. This includes an area used for automobile dismantling, salvage and recycling operations.  within, attached to or detached from a single-family dwelling.  common wall is considered part oft the principal structure.  injury as a result oft the granting or denial of such permit or variance.  Agriculture does not include forest management and timber harvesting activities.  species.  A. "Automobile graveyard" does not include:  a. An area used for temporary storage of vehicles or vehicle parts by an establishment or place of business that is primarily engaged in doing vehicle repair work to make repairs    SOUTH? THOMASTON SHORELAND ZONING ORDINANCE  to render a motor vehicle serviceable. In order for a vehicle's storage to be considered temporary, it must be removed from the site within 180 calendar days ofi its receipt; b. An area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in' Title 29-A, section 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist to comply with the screening requirements in section 3754-A, subsection 1, paragraph. A and the standards in sections 3754-A, subsection: 5, paragraph B, subsection (1) and paragraph C. For the purposes ofthis subparagraph, an automobile hobbyist is aj person who is not primarily engaged in the business of selling any ofthose An area used for the parking or storage of vehicles, vehicle parts or equipment intended for usel by a municipality, quasi-municipal entity or state or federal agency: d. An area used fort the storage of operational farm tractors andi related farm equipment, log skidders, logging tractors or other vehicles exempted from registration under' Title 29-A, e. An area used for the parking or storage of vehicles or equipment being offered for sale byac dealer, equipment dealer, trailer dealer or vehicle auction business as defined in Title f. An area used for the storage of vehicles by an establishment or place of business that is primarily engaged in business as a new vehicle dealer as defined in' Title 29-A, section g. An area used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered temporary under this subparagraph, the vehicle must be removed from the site within 180 days of receipt oftitle by the business; or h. Ana area used fort the parking or storage of operational commercial motor vehicles, special equipment or special mobile equipment as defined in Title 29-A, section 101 that is temporarily out ofs service but is expected to be used by the vehicle or equipment owner or by an operator designated by the owner. This subsection does not exempt an area used for the parking or storage of equipment or vehicles that are: not operational while stored  vehicles or parts from those vehicles;  chapter 5; 29-A, section 851; 851;  or parked in the area.  Basal Area - the area of cross-section ofat tree stem at 4 1/2 feet above ground level and inclusive ofbark. Basement any portion ofa a structure with ai floor-to-ceiling height of 6 feet or more and having more Bed and Breakfast, Tourist Home - an owner-occupied residential structure in which no more than six sleeping rooms are made available for a fee to overnight travelers and which may provide guests with a Boat Launching Facility a facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers. Building : any structure having a roof or partial roof supported by columns or walls used for the shelter or enclosure of persons, animals, goods or property of any  than 50% ofi its volume below the existing ground level.  morning meal.  48-    SOUTH' THOMASTON SHORELAND ZONING ORDINANCE  kind. A building shall include a multi-family dwelling.Bureau of Forestry State ofl Maine Campground - any area or tract of land to accommodate two (2) or more parties in temporary living Campsites individualprivate) -- an area of! land whichi is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to a gravel pad, parking area, fire  Department of Agriculture, Conservation, and Forestry, Bureau of Forestry quarters, including, but not limited to tents, recreational vehicles or other shelters.  place, or tent platform.  Canopy - the more or less continuous cover formed by tree crowns in a wooded area. Cemetery - means a graveyard; burial ground. Place or area set apart for interment oft the dead. Term includes not only lots for depositing the bodies oft the dead, but also avenues, walks, and  grounds for shrubbery and ornamental purposes.  Church - any place of worship, regardless of denomination  Coastal wetland - all tidal and subtidal lands; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. NOTE: All areas below the maximum spring tide level are coastal wetlands. These areas may consist ofr rocky ledges, sand and cobble beaches, mud flats, etc., in addition to salt marshes and salt meadows. Commercial use - the use of lands, buildings, or structures, other than a "home occupation," defined below, the intent and result of which activityi is thej production ofincome from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units. This Use Community Living Arrangement : a housing facility for 8 or fewer persons with disabilities that is approved, authorized, certified by the State. A community living arrangement may include a group home, fosterl home ori immediate care facility. "Disability"hast thes same meaning ast thet term "handicap". Ac community living arrangement is deemed a single-family use of property for the purposes ofz zoning. Comprehensive Plan : any part of the overall plan or policy for the development of the town.Cross-sectional area = the cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream ort tributary stream channel widthi is thes straight line distance from the normal high-water line on one: side ofthe channel tot the normal high-water line on the opposite side oft the channel. The average stream or tributary stream channel depth is the average oft the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream Day Care Center : a state-licensed facility for the daytime care or instruction of more than three pre-school or school aged children, exclusive of children who are residents oft the home.  Coastal wetlands may include portions of coastal sand dunes.  includes Small Scale Solar Energy Systems used for commercial purposes.  channel to the bottom oft the channel.  DBH - the diameter of a standing tree measured 4.5 feet from ground level.    SOUTHTHOMASTONSHORELAND ZONING ORDINANCE  Development - a change in land usei involving alteration oft the land, water or vegetation, or the addition Developed Area - any area on which a site improvement or change is made, including buildings, Dimensional requirements - numerical standards relating to spatial relationships including but not Disability any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by aj psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or Disruption of shoreline integrity the alteration of the physical shape, properties, or condition ofa shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered Driveway -a vehicular access-way less than five hundred (500) feet in length serving two single-family Dwelling Unit - A room or group oft rooms designed and equipped exclusively for use as living quarters Elderly Congregate. Housing : a type ofmulti-family dwelling, including multiple individual rooms or dwelling units to be occupied by elderly persons as a residential shared living environment. Such housing will normally include small individual apartments, shared community and dining facilities, housekeeping and personal services, and specialized services such as mediçal support services and Emergency operations 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 Essential serviçes - gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection ors supply systems; and associated: storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include serviçe drops or buildings which are necessary for the furnishing of Expansion ofa structure ani increase in the footprint ofas structure, including all extensions such as, but  oralteration of structures or other construction not naturally occurring. landscaping, parking area, roads and other areas not revegetated. limited to setback, lot area, shore frontage and height.  related services.  from natural conditions.  dwellings or one two-family dwelling, orl less.  for one family, including provisions for living, cooking and eating.  physical therapy.  human beings, property and livestock from the threat of destruction or injury.  such services.  not limited to: attached decks, garages, porches and greenhouses.  50-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Expansion of use - the addition of one or more months to a use's operating season; or the use of more Family one or more persons occupying aj premises and living as a single housekeeping unit. Family Day Care Home - means child care for three to 12 children under 13 years of age (not related by blood or marriage to, or legal wards of, the operator or foster children living int the private family residence; i.e., dwelling unit, serving as the day carel home) who are unattended by parents or guardians for any part oft the day. Ai family day care home shall be operated by aj person who is domiciled and a resident within the private family residence, and who is thel holder ofa all necessary licenses and permits from the  footprint ofas structure or ground area devoted to aj particular use.  State of Maine and/or the Town of South Thomaston.  Floodway the channel ofa a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by Floor area - the sum ofthe horizontal areas of the floor(s) ofas structure enclosed by exterior walls. Footprint the entire area of ground covered by the structure(s) on a lot, including but not limited to cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios 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 Forested wetland a freshwater wetland dominated by woody vegetation that is six (6) meters tall Forest Stand - a contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site ofsufficiently uniform quality, to be a distinguishable unit. Foundation - the supporting substructure ofa building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, Freshwaterwetland. freshwater swamps, marshes, bogs ands similar areas, other than forested wetlands,  more than one foot in height.  and decks.  and the construction, creation or maintenance of roads. approximately twenty (20) feet) or taller.  brick or similar material. 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 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  combined surface area is in excess of 10 acres; and  2.  wetland vegetation typically adapted for life ins saturated soils.  -51-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to 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 ori inland waters and that can not bel located away from these waters. The uses include, but arel not limited to commercial andr recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes ofcooling or processing water that can: not: reasonably be located or operated at ani inland site, and uses that primarily provide general public access to coastal or inland waters. Recreational boat storage Ground cover- small plants, fallen leaves, needles and twigs, and the partially decayed organic matter Harvest Area the area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas Hazard tree at tree with a structural defect, combination of defects, or disease resulting ina structural defect that under the normal range of environmental conditions at the site exhibits al high probability of failure and loss ofar major structural component oft the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to: hurricanes; hurricane-force winds; tornados; microbursts; or Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A target is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger. Height of a structure - the vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the! highest point oft the structure, excluding chimneys, steeples, Home occupation - an occupation or profession which is customarily conducted on or in a residential structure or property and whichi is 1)clearlyi incidental to and compatible with the residential use oft the property and surrounding residential uses; and 2) which employs no more than two (2) persons other Increase in nonconformity of a structure any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance oft the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributaryl6  the criteria ofthis definition.  buildings are not considered tol be a functionally water-dependent use.  oft the forest floor.  greater than 10 açres within the area affected by a harvest.  significant ice storm events.  antennas, and similar appurtenances that have no floor area.  than family members residing in the home.  52-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  streams ift the expansion extends no further into the required setback area than does any portion of the existing noncontorming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer tot the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included int this allowance are Individual private campsite - an area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to a gravel pad, parking area, fire Industrial - The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, Inn, Lodge, Motel - al building or group ofbuildings designed and equipped for use as temporary living quarters which may include provisions for living space, cooking, eating and bathing. Institutional -ai non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes. Junkyard - a yard, field or other outside area used to store, dismantle or otherwise handle: a) Discarded, worn-out or junked plumbing, heating supplies, electronic or industrial c) Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.  expansions whichi in-fill irregularly shaped structures.  place, or tent platform. or the extraction ofminerals.  equipment, household appliances and furniture; b) Discarded, scrap and junked lumber; or  Land Management Road - a route or track consisting ofa al bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, thep passage ofmotorized vehicles and used primarily fort timber harvesting and related activities, including associated log yards, but not including skid trails  or skid roads.  Licensed Forester a forester licensed under 321 M.R.S.A. Chapter 76.  Lot area The area of land enclosed within the boundary lines ofal lot, minus land below the normal high-water line ofa water body or upland edge ofa wetland and areas beneath roads serving more than 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 ofb boats and marine equipment, bait and tackle shops and marine fuel serviçe facilities. Market value the estimated price aj property will bring in the open market and under prevailing market conditions in as sale between a willing seller and a willing buyer, both conversant with the property and  two lots.  with prevailing general price levels.  -53-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Manufactured Home - a residential dwelling unit designed for transportation, after fabrication, in two or more units, by truck or trailer, on streets or highways, to the site where it is to be located on a slab or other foundation and whichi is, afterj joining oft theunits, placement on the foundation, and connection Marine-Oriented Use any non-residential use requiring or substantially benefiting from location on, over or directly adjacent to tidal waters, including, but not limited to: marinas, boat and ship yards, marine related retail and service establishments, launching ramps and facilities, wharves, piers, dealers  ofutilities, complete and ready for occupancy.  ins sea foods, and aquacultural facilities.  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 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 tot transport the product removed, away from the extraction site. Minimum lot width- the closest distance between the side lot lines ofa lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines. Mobile Home - a detached residential dwelling unit designed for transportation, after fabrication, in one or more units, each on its own chassis, on streets or highways, to the site where it is to be located onas slab or other foundation and whichi is, after joining oft the units, placement on the foundation, and Mobile Home Park - means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more mobile homes. Multi-unit residential ar residential structure containing three (3) or more residential dwelling units. Municipal Use - a use of land, structure or building owned or controlled by the Town of South Thomaston or any district, agency or commission thereof, which serves aj public purpose.  measures to restore the! land to its original condition.  connection ofutilities, complete and ready for occupancy.  Native - indigenous to the local forests.  Non-contorming condition - non-conforming lot, structure or use which is allowed solely because it was in lawful ekistence. at the time this Ordinance or subsequent amendment took effect. 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 Non-conforming structure - a structure which does not meet any one or more of the following dimensional requirements; setback, height, lot coverage or footprint, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect. Non-conforming use use ofbuildings, structures, premises, land or parts thereof whichi is not allowed in the district in which it is situated, but which is allowed to remain solely because it was in lawful  located.  existençe at the time this Ordinance or subsequent amendments took effect.  54-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Non-native invasive species of vegetation species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Normal high-water line (non-tidal waters) that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river during the period of normal high-water are considered NOTE: Adjacent to tidal waters, setbacks are measured from the upland edge oft the "coastal wetland." Outpatient Addiction Treatment Clinic - means aj program or facility operated for the purpose of and suffering with addictions, including, but not limited to gambling addiction, alcohol or controlled substance addictions. This includes, but is not limited to, substance abuse treatment programs licensed by the State ofl Maine Department of Behavioral and Developmental Services Office of Substance Abuse. An outpatient addiction treatment clinic does not include an inpatient or residential addiction treatment program, ora program consisting solely of support group activities without treatment by licensed health practitioners, such as Alcoholics Anonymous, Narcotics Anonymous, and similar  Maine ecosystems.  part ofthe river.  specializing in the care, treatment and/or rehabilitation of persons  programs.  Outlet stream any perennial or intermittent stream, as shown on the most recent highest resolution version oft the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater Parking Space - an area not less than nine feet wide and eighteen feet long, not including the access thereto, accessible from streets, and usable for the storage or parking ofp passenger vehicles. A parking space to accommodate thel handicapped shall be an area not less than twelve feet wide and eighteen feet Permitting Authority: The authority (Code Enforcement Officer or Planning Board) designated as the reviewing authority for a particular use or structure, as set forth in the  wetland.  long: A parking space may be on an open lot or within al building.  Table of Uses.  Person - an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having aj joint or common interest, or other legal entity. Piers, docks, wharves, bridges and other structures and uses extending over or beyond the normal high- Temporary: Structures which remain in or over the water for less than seven (7) months in any Permanent: Structures which remain in or over the water for seven (7) months or more. in any  water line or within a wetland.  period oftwelve (12) consecutive months. period oft twelve (12) consecutive months.  55    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  Principal structure as structure othert than one whichi is used for] purposes wholly incidental or accessory Principal use - a use other than one which is wholly incidental or açcessory to another use on the same Professional Office - any building which houses the business office ofa person or persons who supply 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 Public Park or Playground - means an area of land or ground, whether enclosed or not, set aside for pleasure, historical markers and monuments, child-play and/ or recreation oft the public. PublicUtility- = those essential, public services, such as, but not limited to, water, electricity, telephone, gas and transportation, whether publicly or privately owned, which are regulated by the Maine Public Utilities Commission, the Maine Department of Transportation, or the Federal Communications Commission. The provisions of this Ordinance shall apply to those buildings and structures located outside of public rights of way, but shall not apply to those facilities, either above or below ground, Recent floodplain soils - the following soil series as described and identified by the National  to the use ofanother structure or use on the same premises.  lot.  as service to the public.  entity.  lying wholly within public rights of way. Cooperative Soil Survey: Fryeburg Lovewell Alluvial Podunk Suncook  Hadley Medomak Cornish Rumney Sunday  Limerick Ondawa Charles Saco Winooski  Recreational facility aj place designed and equipped for the conduct ofs 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 orl living quarters for one or morep persons, and which mayi includeap pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on' the ground, and must be registered with the State Replacement system - a system intended to replace: 1.) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or Residential dwelling unit a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, ort temporary living quarters for only one: family at at time, and containing cooking, sleeping and toilet facilities. The term shall include mobilel homes andi rental units that contain cooking, sleeping, and toilet facilities regardless of the time-period rented. Recreational vehicles are not  Division of Motor Vehicles.  2.) any existing overboard wastewater discharge.  residential dwelling units.  -56-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE  Residual basal area the average oft thel basal area of trees remaining on al harvested site.  Residual Stand - a stand of trees remaining in the forest following timber harvesting and related Restaurant = aj plaçe for the serving ofp prepared food and beverages to the public. Restaurant shall not include a "fast food" restaurant serving primarily pre-prepared foods served over the counter or at a  activities  drive-up window for consumption offt the premises.  Riprap rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes oft two (2) units horizontal to one (1) unit vertical or River a free-flowing body of water including its associated floodplain wetlands from that point at which it provides drainage for a watershed of twenty five (25) square miles toi its mouth. NOTE: The portion ofa a river that is subject to tidal action is a coastal wetland.  less.  Road - a route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created byt the repeated passage ofmotorized vehicles, excluding gadriveway Salt marsh - Areas of coastal wetland (most often along coastal bays) that support salt tolerant species, and where at average high tide during the growing season, the soil is irregularly inundated by tidal waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora). More open areas often Salt meadow Areas ofac coastal wetland that support salt tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass Sapling a tree species that is less than two (2) inches in diameter at four and one half(4.5) feet School, Public or Private: A place or institution for teaching and learing, which teaches courses Seedling - a young tree species that is less than four and one. half(4.5) feet inl height above ground Service drop any utility line extension which does not cross or run beneath any portion of a water  as defined.  support widgeon grass, eelgrass, and Sago pondweed.  (Spartina patens) and black rush; common threesquare occurs in fresher areas.  above ground level. ofstudy. level.  body provided that:  1. ini the case ofe electric service  a. the placement of wires and/or the installation of utility poles is located entirely upon the premises oft the customer requesting service or upon a roadway right-of-way; and  57-    SOUTH THOMASTON SHORELAND ZONING ORDINANCE b. the total length of the extension is less than one thousand (1,000) feet.  2. in the case oft telephone service existing utility poles, or  a. the extension, regardless of length, will be made by the installation oft telephone wires to b. the extension requiring the installation of new utility poles or placement underground is Setback the nearest horizontal distance from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other Shore frontage - the length of a lot bordering on a water body or wetland measured in a straight line Shoreland zone - the land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any river; within 250 feet, horizontal distance, of the upland edge ofa coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge ofa freshwater wetland; or within seventy-five (75) feet, horizontal distance, oft the normal high-water line Shoreline the normal high-water line, or upland edge ofa freshwater or coastal wetland. Skid Road or Skid Trail - a route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal Slash the residue, e.g., treetops and branches, left on the ground after at timber harvest. Solar Energy System - a facility whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using A. Large Scale Solar Energy System: for purposes of this Ordinance: a solar energy system that has a physical size based on total airspace projected over the ground greater than 20,000 square f B. Small Scale Solar Energy System: for purposes ofthis Ordinance: (a) a solar energy system that has a physical size based on total airspace projected over the ground smaller than 20,000 square feet, or (b) iss structurally attached to the roof of an existing or newly constructed building. Storm-damaged tree -at tree that has been uprooted, blown down, isl lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result ofa a storm event. Stream a free-flowing body of water from the confluence oft two (2) perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey, to the point where the stream becomes a river or where the stream meets the shoreland zone ofanother water body or wetland. When a stream meets the shoreland zone ofa water body or wetland and a channel forms downstream oft the water body or wetland as an outlet,  less than one thousand (1,000) feet in length.  regulated object or area.  between the intersections oft the lot lines with the shoreline.  ofas stream.  excavation.  mechanical, electrical, or chemical means.  eet; and is structurally attached to the ground.  that channel is also a stream..  58-    SOUTHTHOMASTONSHORELAND ZONING ORDINANCE  Structure anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind, or anything constructed or erected on or in the ground. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes. Structure does noti include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface waste water disposal systems as defined in' Title 30-A, section 4201, subsection 5; geothermal heat exchange wells as defined in Title 32, section 4700-E, subsection 3-C; or wells or water wells as Substantial start - completion of thirty (30) percent of a permitted structure or use measured as a Subsurface sewage disposal system - any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. section 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or Sustained slope -a change in elevation where the referenced percent grade is substantially maintained  defined in' Title 32, section 4700-E, subsection 8. percentage of estimated total cost.  waste water treatment system..  or exceeded throughout the measured area.  Tidal waters all waters affected by tidal action during the maximum spring tide.  Timber harvesting the cutting and removal oft timber for the primary purpose ofs selling or processing forest products. "Timber harvesting" does not include the cutting or removal of vegetation within thes shoreland zone when associated with any other land use activities. The cutting or removal oft trees in the shoreland zone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 15(0), Clearing or Removal of Vegetation, for Activities Other Than Timber Harvesting. Timber harvesting and related activities timber harvesting, the construction. and maintenance ofr roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. Tree- a woody perennial plant with a well-defined trunk(s) at least two (2) inches in diameter at four and one half(4.5) feet above the ground, with a more or less definite crown, and reaching a height of Tributary stream - means a channel between defined banks created by the action of surface water, which is characterized byt thel lack ofterrestrial vegetation or by the presence ofab bed, devoid oftopsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed This definition does not include the term "stream" as defined elsewhere in this Ordinance, and only applies to that portion oft the tributary stream located within the shoreland zone oft the receiving water NOTE: Water setback requirements apply to tributary streams within the shoreland zone.  at least ten (10) feet at maturity.  by human activity. body or wetland.  -59-    SOUTHTHOMASTON SHORELAND ZONING ORDINANCE  Upland edge of a wetland - the boundary between upland and wetland. For purposes of a coastal wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation and/or thei maximum spring tidel level, including all areas affected by tidal action. For purposes ofa freshwater wetland, the upland edge is formed where the soils are nots saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth ofwetland vegetation, but such vegetation is dominated by woody stems that are six (6) meters (approximately twenty (20) feet) tall or taller. Vegetation - all live trees, shrubs, and other plants including without limitation, trees both over and Velocityz zone an area ofspecial flood! hazard extending from offshore to thei inland limit ofthep primary frontal dune along an open coast and any other area subject tol high velocity wave action from storms Volume of a structure the volume of all portions of a structure enclosed by roof and fixed exterior  under 4i inches in diameter, measured at 4 1/2 feet above ground level.  or seismic sources.  walls as measured from the exterior faces ofthese walls and roof.  Water body any river or stream.  Water crossing any project extending from one bank to the opposite bank ofar river, stream, tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting  equipment and related activities. Wetland - a freshwater or coastal wetland.  Windfirm the ability ofa forest stand to withstand strong winds and resist windthrow, wind rocking,  and major breakage.  Woody Vegetation - live trees or woody, non-herbaceous shrubs. For Submission to the June 18, 2024 Town Meeting  South Thomaston Selectboard El  Jann Spear Bu 8hA Sue Snow  Attest a1 true copy  Tinlyolaus Terri-Lynn Baines Town Clerk  60