Adopted Land Use Code - June 13, 2026
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Town of Durham, Maine Land Use Code
As Adopted at Town Meeting June 13, 2026
Attested a True Copy,
___________________________________ Durham Town Clerk
TABLE OF CONTENTS
Article 1: General Provisions .............................................................................................................. Page 1
Article 2: Administration and Enforcement ...................................................................................... Page 25
Article 3: Zoning Districts ................................................................................................................ Page 35
Article 4: Use, Space and Bulk Requirements .................................................................................. Page 38
Article 5: Performance Standards ..................................................................................................... Page 45
Article 6: Subdivision of Land .......................................................................................................... Page 73
Article 7: Conditional Uses ............................................................................................................. Page 101
Article 8: Site Plan Review ............................................................................................................. Page 106
Article 9: Road Names and Building Numbers .............................................................................. Page 117
Article 10: Nonconforming Lots, Uses, & Structures..................................................................... Page 120
Article 11: Board of Appeals .......................................................................................................... Page 122
Article 12: Historic Commission .................................................................................................... Page 127
Article 13: Aquifer Protection ......................................................................................................... Page 130
Article 14: Shoreland Zoning.......................................................................................................... Page 133
Article 15: Floodplain Management ............................................................................................... Page 155
Article 16: Mobile Home Parks ...................................................................................................... Page 167
Article 17: Extractive Industries and Gravel Pits ........................................................................... Page 170
APPENDIX 1 – STREET STANDARDS ..................................................................................... Page 173
APPENDIX 2: DEP EROSION & SEDIMENTATION CONTROL MANUAL (Separate Document)
APPENDIX 3: DEP STORMWATER MANAGEMENT MANUAL (Separate Document)
APPENDIX 4: DEP PHOSPHORUS CONTROL MANUAL (Separate Document)
Chapter 250 LAND USE
[HISTORY: Adopted by the Town Meeting of the Town of Durham 4-2-2005, as amended through 6-13-2026. Subsequent amendments noted where applicable.]
LAND USE CODE CHAPTER 250
ARTICLE 1
General Provisions
§ 250-1.1. Title. This chapter shall be known and may be cited as the "Land Use Ordinance of the Town of Durham, Maine," and will be referred to herein as "this chapter."
§ 250-1.2. Purpose. This chapter, adopted in accordance with the 30-A M.R.S.A. § 3001 for power to adopt ordinances, 30-A M.R.S.A. § 4352 for adopting any form of zoning consistent with a comprehensive plan adopted by the municipal legislative body, and 30-A M.R.S.A. § 4403 for adopting subdivision regulations, is designed to encourage the most appropriate use of land throughout the Town; to promote the Town's Comprehensive Plan; to protect existing residential areas from incompatible uses and retain the rural character of the Town; to provide for healthy business, recreation, and agricultural-related areas; to promote traffic safety and efficient traffic circulation; to provide for safety from fire; to provide for adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to conserve natural resources, wildlife habitat, and scenic beauty; to protect groundwater supplies; to protect historic sites and areas; to protect visual and physical access to recreational water; and to provide for adequate public services and for the future. This chapter repeals the existing Land Use Ordinance with this chapter taking its place. The existing Zoning Map of the Town of Durham as of the date of the adoption of this chapter is used herein for reference but will be revised and replaced upon passage of this chapter so that it is consistent with the provisions hereof.
§ 250-1.3. Severability.
Should any section or provision of this chapter be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this chapter.
§ 250-1.4. Definitions and word usage. [Amended 4-5-2025]
Construction of language. All words not defined herein shall carry their customary and usual dictionary meanings. Words used in the present tense shall include the future. Words used in the singular shall include the plural. The word "shall" is used to indicate the mandatory, and the word "may" is used to indicate the permissive. The words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." Obvious typographical errors may be disregarded in interpretation of this chapter. Definitions followed by [brackets] indicate that the words have specific reference to individual articles and do not generally apply to all articles. 100-YEAR FLOOD — See "base flood." [Article 15, Floodplain Management] ABUTTING PROPERTY — Any lot that is physically contiguous with the lot in question even if only at a point, and any lot that is located directly across a public or private road or way from the lot in question. "Directly across" shall mean at least touched by a straight extension of the side property lines across said road or way.
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ACCESSORY DWELLING UNIT — A separate, secondary dwelling unit located, including tiny homes, on a property with a single-family dwelling that is subordinate to the main dwelling in terms of size and use. ACCESSORY BUILDING OR STRUCTURE — A building or structure customarily incidental and subordinate to a principal building allowed in the district in which it is located and located on the same lot with such principal building. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure. ACCESSORY USES — Uses customarily incidental and subordinate to a principal use allowed in the district in which it is located and located on the same lot with such principal use. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. ADJACENT GRADE — The natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [Article 15, Floodplain Management] ADMINISTRATIVE APPEAL — An appeal to the Board of Appeals from a determination made by the Code Enforcement Officer, Road Commissioner, or Planning Board in its administration of this chapter or any other ordinance or code over which it has jurisdiction. AGGRIEVED PARTY — Any person who can demonstrate that he or she will suffer a particularized injury by issuance or non-issuance of the license/permit approval in question. A "particularized injury" is one that directly operates against a party's property, pecuniary or personal rights. An injury suffered by all of the citizens of the Town in an equal and proportionate manner is not a particularized injury. AGRICULTURAL LAND MANAGEMENT PRACTICES — Procedures utilized in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. AGRICULTURAL USES — The production, keeping or maintenance for sale or lease of plants and/or animals, including but not limited to forages and sod crops, dairy animals and dairy products, poultry and poultry products, livestock and livestock products, fruits and vegetables and ornamental and greenhouse products. Agriculture does not include forest management, timber harvesting activities and food processing operations. AGRICULTURE — The cultivation of the soil, production of crops, including crops in commercial greenhouses; and the raising of livestock, including animal husbandry. ALTERED — Includes the words "rebuilt," "reconstructed," "rehabilitated," "restored," and "demolished" or any other change to the exterior facade of a structure. [Article 12, Historic Commission] ANSI — American National Standards Institute. A private, nonprofit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. APPLICANT — The person applying for a permit or approval under this chapter. AQUIFER — A geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water. AQUIFER RECHARGE AREA — A primary or secondary recharge area composed of porous material or rock sufficiently fractured to allow infiltration and percolation of surface water and transmission of it to aquifers. ARCHEOLOGICAL SITE — A parcel of land where physical remains of past human life and activities exist. To qualify, the site must relate to historic or prehistoric activities which predate 1780 A.D. ARCHITECTURAL ELEVATIONS — An architectural drawing of the flat view of one side of a building. AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in § 250-15.1 of this chapter. [Article 15, Floodplain Management]
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AUTHORIZED AGENT — An individual or a firm having written authorization to act on behalf of an applicant or aggrieved party. The authorization shall be signed by the property owner(s). AUTOMOBILE GRAVEYARD — As defined in 30-A M.R.S.A. § 3752. AUTOMOBILE RECYCLING BUSINESS — As defined in 30-A M.R.S.A. § 3752. BACK LOT — A lot with 50 feet of frontage on a public or private road, developed in accordance with § 250-5.7. BASAL AREA — The area of cross section of a tree stem at 4.5 feet above ground level and inclusive of bark. [Article 14, Shoreland Zoning] BASE FLOOD — The flood having a 1% chance of being equaled or exceeded in any given year, commonly called the "100-year flood." [Article 15, Floodplain Management] BASEMENT — Any area of the building having its floor sub grade (below ground level) on all sides. Includes any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level. [Article 14, Shoreland Zoning, and Article 15, Floodplain Management] BATTERY or BATTERIES — A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. BATTERY ENERGY STORAGE MANAGEMENT SYSTEM (BESMS) — An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. BATTERY ENERGY STORAGE SYSTEM (BESS) — A physical container or building with batteries, battery racks, inverters, and ancillary equipment used to store and discharge electrical energy. BESS facilities may include monitoring, fire-suppression, and cooling systems. BED-AND-BREAKFAST ESTABLISHMENT — A commercial building that accommodates, for a fee, travelers and other transient guests who are staying for a limited duration and having sleeping rooms. A bed-and-breakfast establishment may include the serving of breakfast to house guests but shall not serve other meals or have dining facilities open to the public. For purposes of this chapter, bed-and-breakfast establishments shall be considered as home occupations if they provide no more than four units for rent, and as hotels or motels if they provide more than six units for rent. Bed-and-breakfast establishments that provide five or six units for rent may be considered as home occupations if, based upon the evidence submitted by the applicant, the Planning Board finds that:
A. The sewage disposal system for the property complies with the current requirements of the Maine State Plumbing Code and is sized to accommodate the proposed intensity of use; and
B. The water supply for the property will not adversely affect the quality or quantity of groundwater supplies of abutting property owners, and shall otherwise be considered as hotels or motels. 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. [Article 14, Shoreland Zoning] BORROW PIT — New and existing sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials from excavated areas, hereinafter collectively referred to as "borrow pits." [Article 17, Extractive Industries] BORROW PIT, SMALL — A borrow pit that has an unreclaimed area, including the working borrow pit larger than 1/4 acre and less than five acres and natural internal drainage in all areas. [Article 17, Extractive Industries]
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BUFFER STRIP — An area of land that is covered by vegetation capable of regeneration and succession, whether retained as undisturbed vegetation or reestablished following disturbance of the site. A buffer strip runs along the border between the development activity and the adjacent piece of land or body of water and serves to protect that area from new or adverse effects or preserves some existing quality or use in the area of development. BUILDING — Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, animals, or chattel. Each portion of a structure separated from other portions by a fire wall shall be considered a separate building. BUILDING ENVELOPE — The minimum contiguous area on which all structures and development (such as homes, garages, driveways and disposal system) shall be located. The building envelope shall not include any area in the Resource Protection District, wetlands, or any area with slope greater than 20%. BUSINESS SERVICE — A service exemplified by the types of services listed under U.S. Standard Industrial Classification Code 50 through 67, including, but not limited to, advertising, credit reporting and collection, mailing and reproduction services, services to building, personnel supply services, computer data processing services, management and public relations, and the business offices of corporations or firms. CAMPGROUND — Any area or tract of land that is used for temporary overnight accommodation with or without shelter, by two or more parties. A campground shall have sites for tents or recreational vehicles and may have cabins or yurts as permitted with state licensing. The word "campground" shall include the words "camping ground" and "tenting grounds." CANNABIS BUSINESS OR AGGREGATED GROWING FACILITY — Any use involving the cultivation, processing, testing, or sale of cannabis or cannabis products, including caregiver operations, cultivation facilities, and any facility leasing space for cannabis-related activities. Cannabis business or aggregated growing facility does not include personal cultivation by a qualifying patient or adult use grower on their own property or caregiver operations conducted solely by the property owner with no leased or subdivided space. Caregiver cultivation allowed under this exemption includes either indoor cultivation or the outdoor, sunlight-based cultivation option permitted under State law. CANOPY — The more or less continuous cover formed by tree crowns in a wooded area. [Article 14, Shoreland Zoning] CELL — The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. CERTIFICATE OF COMPLIANCE — A document signed by the Code Enforcement Officer, stating that a structure is in compliance with all of the provisions of this chapter. [Article 15, Floodplain Management] CHANGE OF USE — A change in the type of occupancy/use of a building, structure, or a portion thereof, and/or the land, such that the basic type of use or scope is changed. CODE ENFORCEMENT OFFICER — The official responsible for enforcing this chapter and for performing other duties set forth herein, by state statute and by other ordinances. Reference to the "Code Enforcement Officer" may be construed to include Building Inspector, Plumbing Inspector, and the like where applicable. COMMERCIAL USE — Connected with the buying or selling of goods or services or provision of facilities for a fee. Within the shoreland zone, a "commercial use" is the use of lands, buildings, or structures, other than a "home-based business," defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental or residential buildings and/or dwelling units. COMMISSION — The Historic Commission established in § 250-12.1. [Article 12, Historic Commission] COMMISSIONING — A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
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COMPLETE APPLICATION — An application shall be considered complete upon submission of the required fee and all information required by this chapter as determined by the Code Enforcement Officer, a vote of the Planning Board, or by a vote of the Planning Board to waive the submission of required information. COMPREHENSIVE PLAN — The Comprehensive Plan of the Town of Durham. CONDITIONAL USE — A use that generally would be appropriate in the zoning district for which it is proposed after review and with certain restrictions and controls to meet the intentions and purposes of this chapter. Conditional uses are permitted only after review and approval by the Planning Board. CONSTRUCTED or CONSTRUCTION — Includes the words "built," "erected," "enlarged," "installed," "moved," "reconstructed," "rehabilitated," "restored," and "altered." [Article 12, Historic Commission] CONTAINMENT WALL — A wall surrounding all sides of an aboveground tank to contain any spills or leaks. [Article 15, Floodplain Management] CSA — Canadian Standards Association. A standards organization that develops safety and performance standards for various products, including electrical and energy systems. CULTURAL FACILITIES — Not-for-profit facilities dedicated to a public or philanthropic purpose and intellectual endeavor, such as a library, museum, auditorium, or performing or visual arts center. DAY-CARE CENTER — Anyone who provides, on a regular basis and for consideration, care and protection for 13 or more unrelated persons for any part of the day and is required to be licensed by the state. Any facility, the chief purpose of which is to provide education, shall not be considered to be a day- care center. DAY CARE, HOME — Anyone who provides, on a regular basis and for consideration, care and protection for three to 12 unrelated persons for any part of a day out of their primary residence and is required to be licensed by the state. Any facility, the chief purpose of which is to provide education, shall not be considered to be home day care. A home day care shall be considered a home-based business. DEDICATED-USE BUILDING — A building that is built for the primary intention of housing battery energy storage system equipment and complies with the following:
A. The building's only use is battery energy storage, energy generation, and other electrical-grid-related
operations.
B. No other occupancy types are permitted in the building.
C. Occupants in the rooms and areas containing battery energy storage systems are limited to personnel
that operate, maintain, service, test, and repair the battery energy storage system and other energy
systems.
D. Administrative and support personnel are permitted in areas within the buildings that do not contain
battery energy storage systems, provided the following:
(1) The areas do not occupy more than 10% of the building area of the story in which they are
located.(2) A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment. DEMOLITION — The razing of any structure or building or any exterior architectural feature thereof. [Article 12, Historic Commission] DEVELOPMENT — Any change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; the storage, deposition, or extraction of materials; and public or private sewage disposal systems or water supply facilities. DIAMETER AT BREAST HEIGHT (DBH) — The diameter of a standing tree measured 4.5 feet from ground level. [Article 14, Shoreland Zoning] DIMENSIONAL REQUIREMENTS — Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height. 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 a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services. DISPOSAL — "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
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DRIVEWAY —
A. A vehicular accessway serving no more than two dwelling units on a single lot.
B. For purposes of Article 14, Shoreland Zoning, a vehicular accessway less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less. DWELLING — Any building or structure or any portion thereof designed or used for residential purposes.
A. SINGLE-FAMILY DWELLING — A structure containing only one dwelling unit for occupation by not more than one family. The terms shall include modular homes and mobile homes and tiny homes as defined herein.
B. TWO-FAMILY DWELLING — A single structure containing two dwelling units on one parcel of land, such building being designed for residential use and occupancy by two families living independently of each other. This definition does not include a single-family dwelling with an accessory dwelling unit. DWELLING UNIT — A room or group of rooms used primarily as living quarters for one family and that includes provisions for living, sleeping, cooking, and eating. The term shall not include hotel or motel rooms or suites, rooming house rooms, or similar accommodations. ELEVATED BUILDING — A building without a basement that is built, in the case of a building in Zones AE or A, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, post, piers, or "stilts"; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood. In the case of Zones AE or A, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters, as required in § 250-15.6N. [Article 15, Floodplain Management] ELEVATION CERTIFICATE — An official form (FEMA Form 81-31, 07/00, as amended) that:
A. Is used to verify compliance with the floodplain management regulations of the National Flood
Insurance Program; and
B. Is required for purchasing flood insurance.
[Article 15, Floodplain Management]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 human beings, property and livestock from the threat of destruction or injury. [Article 14, Shoreland Zoning] ESSENTIAL SERVICES — 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 or 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 service drops or buildings which are necessary for the furnishing of such services. [Article 14, Shoreland Zoning] EXCAVATION CONTRACTOR — An individual or firm that either is engaged in a business that causes the disturbance of one or more cubic yards of soil or is in a business in which the disturbance of one or more cubic yards of soil results from an activity that the individual or firm is retained to perform. "Disturbance" includes grading, filling, and removal. A person or firm engaged in agriculture or timber harvesting activities is not considered an excavation contractor as long as best management practices for erosion and sedimentation control are used. Municipal, state and federal employees engaged in projects associated with that employment are not considered excavation contractors. [Article 14, Shoreland Zoning] EXPANSION OF A STRUCTURE — An increase in the footprint or height of a structure, including all extensions such as, but not limited to, attached decks, garages, porches and greenhouses. [Article 14, Shoreland Zoning] EXPANSION OF USE — The addition of one or more months to a use's operating season; or the use of more footprint or ground area devoted to a particular use. [Article 14, Shoreland Zoning] FAMILY — One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, hotel, or other transient visitor quarters. A family shall not exceed five persons not related by blood or marriage. FINANCIAL SERVICE — A service exemplified by the types of services listed under the U.S. Standard Industrial Classification Code 61, including banking; other credit agencies; security and commodity brokers and services; and insurance, real estate, and investment offices. FLOOD or FLOODING —
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A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition. [Article 15, Floodplain Management] FLOOD ELEVATION STUDY — An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. [Article 15, Floodplain Management] FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Article 15, Floodplain Management] FLOOD INSURANCE STUDY — See "flood elevation study." [Article 15, Floodplain Management] FLOODPLAIN MANAGEMENT — The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. [Article 15, Floodplain Management] FLOODPLAIN MANAGEMENT REGULATIONS — Zoning ordinances, subdivision regulations, building codes, health regulations, special-purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. [Article 15, Floodplain Management] FLOODPLAIN OR FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from any source (see "flooding"). [Article 15, Floodplain Management] FLOODPROOFING — Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents. [Article 15, Floodplain Management] FLOODWAY — See "regulatory floodway." [Article 14, Shoreland Zoning, and Article 15, Floodplain Management] FLOOR AREA — The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls. FOOTPRINT — Exterior outline of the buildings. The entire area of ground covered by the structure(s) on a lot. All dimensions shall be measured between exterior faces of walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks and cantilevered or similar overhanging extensions. FORESTED WETLAND — A freshwater wetland dominated by woody vegetation that is approximately 20 feet or taller. [Article 14, Shoreland Zoning] FOUNDATION — The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material. [Article 14, Shoreland Zoning] FREEBOARD — A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed that could contribute to flood heights greater than the height calculated for a selected-size flood and floodway conditions. [Article 15, Floodplain Management]
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FRESHWATER WETLANDS —
A. Freshwater swamps, marshes, bogs, and similar areas, other than forested wetlands, that are:
(1) Of 10 or more contiguous acres, or less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream, or brook, such that, in a natural state, the combined surface area is in excess of 10 acres; and
(2) Inundated or saturated by surface water or groundwater at a frequency and for duration sufficient to support, and which under normal circumstances do support, a prevalence wetland vegetation typically adapted for life in saturated soils.
B. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition. FUNCTIONALLY WATER-DEPENDENT USES — Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boatbuilding facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to waters. Recreational boat storage buildings are not considered to be a functionally water- dependent use. [Article 14, Shoreland Zoning, and Article 15, Floodplain Management] GREAT POND — Any inland body of water that, in a natural state, has a surface area in excess of 10 acres and any inland body of water artificially formed or increased that has a surface area in excess of 30 acres except, for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held in the name of a single owner (the only great pond in Durham is Runaround Pond). GROUND COVER — Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor. [Article 14, Shoreland Zoning] GROUND-FLOOR ELEVATIONS — The elevation of a building's ground floor above sea level. GROUNDWATER EXTRACTION — The process of extracting 2,000 gallons per day or more of water from any groundwater source, either temporarily or permanently, regardless of whether the water is used for irrigation, industry, recreation, flood control or treatment to produce drinking water. HAZARD TREE — A tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of 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 significant ice storm events. 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. [Article 14, Shoreland Zoning]
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HAZARDOUS MATERIAL OR WASTE —
A. Any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical chemical or infections characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious,
irreversible, or incapacitating illness; or
(2) Pose a substantial present or future hazard to human health or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
B. These wastes include, but are not limited to, those that are toxic, corrosive, ignitable, or reactive.
Characterization of these categories is follows:
(1) TOXICITY — Toxicity includes several factors, including unnatural genetic activity (including
cogenic, mutagenic and teratogenic activity), potential for bioaccumulation in tissue, or acute
chronic toxicity to various organisms, including humans.
(2) CORROSIVITY — Corrosive waste is considered hazardous if it is aqueous and has a pH less
than or equal to three or greater than or equal to 12, or if it corrodes steel (SAE 1020) at a rate
greater than 0.250 inches per year at a temperature of 130° F.
(3) IGNITABILITY — An ignitable waste is considered hazardous if it is liquid and has a flash point
less than 60° C. (140° F.); is not a liquid and is liable to cause fires through friction, absorption
of moisture, spontaneous chemical changes, or retained heat from manufacturing processes;
when ignited, burns so vigorously and persistently so as to create a hazard during management;
or is an ignitable compressed gas.
(4) REACTIVITY — A reactive waste is considered hazardous if it is normally unstable and readily
undergoes violent chemical change without denoting; reacts violently with water, forms potential9
explosive mixtures with water or generates toxic gases, vapors or fumes when mixed with water; or is a cyanide or sulfide-bearing waste that can generate toxic gases, vapors, or fumes when exposed to mild acidic or basic conditions.
C. In determining whether a material constitutes a hazardous waste, the Planning Board will be guided by any finding or regulation made by the United States Environmental Protection Agency or Maine Department of Environmental Protection that such material is hazardous. The burden will then be upon the party claiming the material not to be hazardous to show that the material fails to meet the above definition. HEIGHT OF BUILDING/HEIGHT OF STRUCTURE — Vertical measurement from the highest point of the finished grade on the foundation to the highest point of the building or structure, excluding incidental protrusions such as chimneys and antennas. Within the shoreland zone, the "height of a building or structure" shall mean the vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area. HIGH-INTENSITY SOIL SURVEY — A map prepared by a licensed soil scientist, identifying the soil types down to 1/8 acre or less at a scale equivalent to the subdivision plan submitted. The map shall show the location of all test pits used to identify the soils and shall be accompanied by a log of each sample point, identifying the textural classification and the depth to a limiting factor such as seasonal high-water table or bedrock at that location. Single soil test pits and their evaluation for suitability for subsurface wastewater disposal systems shall not be considered to constitute high-intensity soil surveys. HISTORIC OR ARCHAEOLOGICAL RESOURCES — Areas identified by a governmental agency, such as the Maine Historic Preservation Commission, as having significant value as a historic or archaeological resource, and any areas identified in the municipality's Comprehensive Plan. HISTORIC STRUCTURE — Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with the Maine Historic Preservation Commission; or
D. Individually identified by the Town's Comprehensive Plan. HOME-BASED BUSINESS — A business use performed or conducted within a dwelling or accessory structure by the residents thereof, that:
A. Is accessory to the residential use; and
B. Does not change the character of the dwelling. HOTEL or MOTEL — A commercial building or group of buildings built primarily to accommodate, for a fee, travelers and other transient guests who are staying for a limited duration, with sleeping and associated rooms. A hotel or motel may include suites or rooms, cooking and similar facilities within the rooms to accommodate guests, restaurant facilities where food is prepared and meals served to its guests and other customers and associated facilities for the convenience and servicing of guests. A hotel or motel room or suite of rooms, as distinguished from a dwelling unit, shall contain less than a total of 600 square feet of living area, provided that the area may be larger if, based on the evidence presented, the Planning Board finds that the facilities will function or are functioning as a hotel or motel and not as a residential dwelling unit.
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IEEE — Institute of Electrical and Electronics Engineers. A global-standards-setting organization for electrical, electronic, and energy systems. IFC — International Fire Code. A set of fire safety standards regulating construction, design, and fire protection for buildings, including BESS facilities. IMPERVIOUS SURFACE — Includes buildings, concrete, asphalt, and all other similar surfaces that shed water so as to prevent absorption into the ground at the point where the water first hits the ground. 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 nonvegetated surfaces, 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 of 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 tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which infill irregularly shaped structures. [Article 14, Shoreland Zoning] INDUSTRIAL USE — Connected with the assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals. INSTITUTIONAL USE — A nonprofit 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. [Article 14, Shoreland Zoning] JUNKYARD — As defined in 30-A M.R.S.A. § 3752. LEACHABLE MATERIAL — Liquid or solid materials which are cable of releasing harmful chemicals to groundwater. This does not include sanitary wastewater. LICENSED FORESTER — A forester licensed under 32 M.R.S.A. Chapter 76. [Article 14, Shoreland Zoning] LIGHT INDUSTRIAL USES — Industrial activity involving the manufacturing, packaging, assembly or distribution of finished products from previously prepared material, including, by way of example only and not limited to, the following: bakeries, bottling, printing and publishing, pharmacies, machine shops, precision instruments, watchmakers, musical instruments, toys and sporting goods, pottery and ceramics using only previously pulverized clay, wood products, jewelry, assembly of electrical components, canteen surfaces, tool and die shops, and the packaging of foods. Light industrial uses do not include the processing of raw materials or salvaging operations. LIQUIDATION HARVESTING — For the purposes of Article 6, "liquidation harvesting" has the same meaning as in 12 M.R.S.A. § 8868.6, Subsection 6. LOCALLY ESTABLISHED DATUM — For purposes of this chapter, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used. [Article 15, Floodplain Management] LOT — A contiguous parcel of land in a single or joint ownership described on a deed, plot plan, or similar legal document. This term shall also include a "parcel" or "plot." LOT AREA — The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots. [Article 14, Shoreland Zoning]
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LOT WIDTH — The width of any lot shall be measured wholly within the lot, at the required setback depth, along a line parallel to the front lot line. Lots located on a curved road shall be measured wholly within the lot at the required setback depth, along a line parallel to a straight line connecting the intersections of the front line with the side lot lines. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements described in § 250-15.6N of this chapter. [Article 15, Floodplain Management] MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. [Article 15, Floodplain Management] MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. [Article 15, Floodplain Management] MANUFACTURED HOUSING: A structural unit or units designed for occupancy and constructed in a manufacturing facility and transported, by the use of its own chassis or an independent chassis, to a building site. The term includes any type of building that is constructed at a manufacturing facility and transported to a building site where it is used for housing and may be purchased or sold by a dealer in the interim MARKET VALUE — The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels. [Article 14, Shoreland Zoning and Article 15, Floodplain Management] MATERIAL — A substance or substances out of which a building or structure is constructed. [Article 12, Historic Commission] MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. [Article 15, Floodplain Management] MINERAL EXPLORATION — Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition. [Article 14, Shoreland Zoning]
MINERAL EXTRACTION —
A. Any extraction of mineral deposits, including gravel, other than mineral exploration solely to determine location, extent, and the composition of deposits.
B. For the purposes of Article 14, Shoreland Zoning, any operation within any twelve-month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location, and to transport the product removed away from the extraction site. MINIMUM LOT WIDTH — The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines. [Article 14, Shoreland Zoning] MINOR DEVELOPMENT — All development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to, accessory structures as provided for in § 250-15.6L, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers. [Article 15, Floodplain Management] MOBILE HOME— A structure constructed after June 15, 1976, commonly referred to as a "newer mobile home," which the manufacturer certifies as being built in compliance with the United States Department of Housing and Urban Development (HUD) standards under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.). Such structures are transportable in one or more sections, built on a permanent chassis, and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including plumbing, heating, air-conditioning, and electrical systems contained therein. The term also includes any structure that meets all HUD standards and for which the manufacturer voluntarily files the required certification. MOBILE HOME PARK LOT — The area of land on which an individual manufactured home is situated within a mobile home park and which is reserved for use by the occupants of that home. [Article 16, Mobile Home Parks] MOBILE HOME PARK — A parcel of land under unified ownership approved by a municipality for the placement of 3 or more manufactured homes in accordance with Article 16. [Article 16, Mobile Home Parks] MODULAR HOMES — Housing units that the manufacturer certifies are constructed in compliance with the State’s laws and rules governing the construction of manufactured housing, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including plumbing, heating, air- conditioning or electrical systems included in the structure. For the purposes of this ordinance, modular homes are considered to be single-family dwellings. NATIONAL GEODETIC VERTICAL DATUM (NGVD) — The national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)." [Article 15, Floodplain Management] NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) — A U.S. Department of Labor designation recognizing a private-sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NATIVE — Indigenous to the local forests. [Article 14, Shoreland Zoning] NEW CONSTRUCTION — Structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations adopted by a community and includes any subsequent improvements to such structures. [Article 15, Floodplain Management] NFPA — National Fire Protection Association. NONCONFORMING CONDITION — A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect. [Article 14, Shoreland Zoning] NONCONFORMING LOT — A single lot of record, which, at the effective date of this chapter, does not meet the minimum lot area, minimum lot area per dwelling unit, or minimum frontage or width requirements of the district in which it is located. It is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect. NONCONFORMING STRUCTURE — A structure that does not meet the minimum setback, maximum lot coverage, footprint, or maximum height standards of the district in which it is located. It is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect. NONCONFORMING USE — A use of buildings, structures, land, or premises that is not permitted in the district which it is located but which is allowed to remain solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.
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NON-DEDICATED-USE BUILDING — All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements. NONINTENSIVE RECREATION — Outdoor recreational uses that involve minimal structural development or alteration of the terrain but which, if properly designed, neither cause nor are subject to serious damage from flooding or soil erosion. Examples of nonintensive recreational uses include, but are not limited to, tennis courts, playing fields, pools, outdoor ice-skating rinks, and boat docks. Such uses do not include the use of any mechanized vehicle. NONNATIVE 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 Maine ecosystems. [Article 14, Shoreland Zoning] NORMAL HIGH-WATER LINE — That line on the shores and banks of streams and ponds which is discernible because of the different character of the soil or the vegetation due to the influence of surface water. Relative to vegetation, it is that line where the vegetation changes from predominantly aquatic to predominantly terrestrial. Aquatic vegetation includes but is not limited to the following plants and plant groups: water lily, pickerelweed, cattail, wild rice, rushes, marsh grasses. Terrestrial vegetation includes but is not limited to the following plants and plant groups: upland grasses, aster, lady slipper, wintergreen, partridgeberry, cedar, sarsaparilla, pine, oak, ash, elm, spruce, birch, beech, larch, and maple. In places where the shore or bank is of such character that the normal high-water line cannot be easily determined (as in the case of rockslides, ledges, rapidly eroding or slumping banks), the normal high-water line shall be estimated from places where it can be determined by the above method. Areas contiguous with rivers and great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond. [Article 14, Shoreland Zoning] NORTH AMERICAN VERTICAL DATUM (NAVD) — The national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based upon the vertical data used by other North American countries such as Canada and Mexico and was established to replace NGVD because of constant movement of the earth's crust, glacial rebound and subsidence, and the increasing use of satellite technology. [Article 15, Floodplain Management] NURSING OR CONVALESCENT HOME — A facility in which nursing care and medical services are performed under the general direction of persons licensed to practice medicine in the State of Maine for the accommodation of convalescent or other persons who are not in need of hospital care, but who do require, on a twenty-four-hour basis, nursing care and related medical services. OPEN SPACE USE — A use not involving a structure, earthmoving activity, or the removal or destruction of vegetation over spawning grounds or fish, aquatic life, bird and other wildlife habitat, or the operation of motor vehicles on land so to create marks upon the earth such as by all-terrain vehicles. OUTLET STREAM — Any perennial or intermittent stream, as shown on the most recent highest- resolution version of 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 wetland. [Article 14, Shoreland Zoning] PARCEL — For the purposes of Article 6, a contiguous area within the Town owned by one person or a group of persons in common or joint ownership. PERSON — An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity. PERSONAL SERVICES — A service exemplified by the types of services listed under the U.S. Standard Industrial Classification Code 72, including but not limited to the following: laundry and cleaning services, photography studios, shoe repair shops, and funeral homes. PETROLEUM STORAGE TANK — Any vessel which is used to store in excess of 55 gallons of petroleum product shall, for the purposes of this chapter, be considered permanent; those used to store less than or equal to 55 gallons of petroleum product shall be considered portable. Tanks used to store liquid propane fuel are excluded from this definition.
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PIERS, DOCKS, WHARVES, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OR LOCATED BELOW THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND —
A. TEMPORARY — Structures which remain in or over the water for less than seven months in any period of 12 consecutive months.
B. PERMANENT — Structures which remain in or over the water for seven months or more in any period of 12 consecutive months. [Article 14, Shoreland Zoning] PREMISES — One or more parcels of land which are in the same ownership and are contiguous. PRIMITIVE RECREATION — Recreational uses that do not require buildings or structures or significant alteration of the terrain, such as hunting, fishing, hiking, primitive camping, snowmobiling, cross-country ski trails, and parks of primarily underdeveloped, natural character. Such used do not include use of all- terrain vehicles (either three- or four-wheel), motorized bikes or other motorized vehicles on wheels. PRINCIPAL STRUCTURE — Any building or structure in which the main use of the premises takes place. PRINCIPAL USE — A use other than one which is wholly incidental or accessory to another use on the same lot. [Article 14, Shoreland Zoning] PROTECTED RESOURCE — Water bodies, tributary streams, or the upland edge of a wetland protected by mandatory shoreland zoning and from which structures must meet established setbacks. [Article 14, Shoreland Zoning] PUBLIC FACILITY — Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity. [Article 14, Shoreland Zoning] RECENT FLOODPLAIN SOILS — The following soil series as described and identified by the National Cooperative Soil Survey:
Fryeburg Hadley Limerick Lovewell Medomak Ondawa Alluvial Cornish Charles Podunk Rumney Saco Suncook Sunday Winooski
[Article 14, Shoreland Zoning]
RECREATIONAL FACILITY — A place designed and equipped for the conduct of sports, leisure- time activities, and other customary and usual recreational activities, excluding boat-launching facilities. [Article 14, Shoreland Zoning]
RECREATIONAL VEHICLE (RV) —
A. Any of the following:
(1) TRAVEL RV — A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vocational uses, permanently identified as a travel RV by the manufacturer of the RV.
(2) PICKUP COACH — A structure designed to be mounted on a truck chassis for the use as a
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temporary dwelling for travel, recreation, and vacation.
(3) MOTOR HOME — A portable temporary dwelling to be used for travel, recreation and vacation,
constructed as an integral part of a self-propelled vehicle.
(4) CAMPING TRAILER — A canvas, folding structure, mounted on wheels and designed for
travel, recreation and vacation use.
(5) DEPENDENT RV — An RV which is dependent upon a service building for toilet and lavatory
facilities.
(6) SELF-CONTAINED RV — An RV which can operate independent of connections to sewer,
water, and electric systems. It may contain water-flushed toilet, lavatory, shower, and kitchen
sink, all of which are connected to water storage and gray water and sewage holding tanks
located within the RV.
B. In order to be considered as a recreational vehicle and not as a structure subject to this chapter, or the
Building Code and federal manufactured housing standard, the unit must:
(1) Remain with its tires on the ground;
(2) Possess a current registration sticker or papers from any state division of motor vehicles; and
(3) Be used for human habitation for not more than six months in any twelve-month period.
REGULATOR — For those small borrow pits of five acres or less located wholly within the Town of
Durham, the municipality, in the person of the Code Enforcement Officer. For all other excavations,
"regulator" shall mean the Department of Environmental Protection. [Article 17, Extractive Industries]
REGULATORY FLOODWAY —
A. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water surface elevation more than one
foot; and
B. When not designated on the community's Flood Insurance Rate Map, it is considered to be the channel
of a river or other watercourse and the adjacent land areas to a distance of one-half the width of the
floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.
[Article 14, Shoreland Zoning and Article 15, Floodplain Management]RESIDENTIAL DWELLING UNIT — A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities, regardless of the time period rented. Recreational vehicles are not residential dwelling units. [Article 14, Shoreland Zoning] RESTAURANT — An establishment, located in an enclosed building, which may provide additional outdoor seating, where meals are prepared on the premises and served to the public for consumption on the premises; and where no food or beverages are served directly to occupants of motor vehicles or directly to pedestrian traffic from an exterior service opening or counter, or any combination of the foregoing; and where customers are not encouraged by the design of the physical facilities, by advertising or by the servicing or packaging procedures to take out food or beverages for consumption off of the premises. RESTAURANT, FAST-FOOD — An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly or heated in a device such as a microwave. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. RESTAURANT, TAKEOUT — An establishment, located in an enclosed building, which may provide additional, seasonal, outdoor seating; where food is prepared on the premises and where the normal operation of the business is described substantially by the following factors:
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A. The establishment offers both "eat-in" and "takeout" service.
B. The predominant method of delivery is that customers place and pick up their own orders at a counter or window and then either carry the orders to a table or seating area within the restaurant or take the orders out of the restaurant for consumption outside of the building. (Table service by the establishment's staff during limited hours or occasional delivery of food items to a customer table or seating area will not be deemed to be the predominant method of delivery.)
C. The manner in which the food is prepared, presented and packaged is essentially the same whether the customer chooses "eat in" or "take out." RIPRAP — Rocks, irregularly shaped and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less. [Article 14, Shoreland Zoning] RIVER — A free-flowing body of water, including its associated floodplain wetlands, from the point at which it provides drainage for a watershed of 25 square miles to its mouth; the Androscoggin River. RIVERINE — Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. [Article 15, Floodplain Management]
ROAD — [FORMERLY “STREET”]
A. A route, track or street consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles, excluding a driveway as defined. [Article 14, Shoreland Zoning]
B. Any vehicular right-of-way that is:
(1) An existing state highway, county road, or Town-owned and maintained road;
(2) Shown upon a subdivision plat approved by the Planning Board and recorded in the
Androscoggin County Registry of Deeds;
(3) Accepted or laid out and taken through action of the Town;
(4) A way shown on a subdivision plan in which the Town has reserved rights under the provisions
of 23 M.R.S.A. § 3032;
(5) A private road with a defined right-of-way established prior to March 6, 2004;
(6) A plan of a private way approved by the Planning Board and recorded in the Androscoggin
County Registry of Deeds; or
(7) A privately owned road that is not intended to be dedicated as a public road.
ROAD CLASSIFICATION —
A. ARTERIAL ROAD — A major thoroughfare which serves as a major traffic way for travel through
the municipality and between municipalities.
B. COLLECTOR ROAD — A road with average daily traffic of 1,500 vehicles per day or greater, or
roads which serve as feeders to arterial roads and collectors of traffic from minor roads.
C. CUL-DE-SAC or DEAD HEAD — A road with only one outlet and having the other end for the
reversal of traffic movement.17
D. INDUSTRIAL OR COMMERCIAL ROAD— Roads servicing industrial or commercial uses.
E. MINOR RESIDENTIAL ROAD — A road servicing only residential properties and which has an
average daily traffic of less than 1,500 vehicles per day.
F. PRIVATE RIGHT-OF-WAY — A privately owned road that is not intended to be dedicated as a
public road.
ROAD FRONTAGE — The linear distance between the sidelines of a lot, measured along the lot that borders
upon whatever right-of-way serves as legal access to the lot. For the purposes of this chapter, the following
ways shall constitute legal access to a lot along which frontage may be measured:
A. A way accepted by, or established as belonging to, the Town of Durham, Androscoggin County, or
the State of Maine, provided access is not specifically prohibited thereon.
B. An existing private way over which the owner of the lot has an established right-of-way.Also, the total, contiguous length of any lot line(s) that directly abut a public or private road, or approved private way, including curved arc lengths on cul-de-sacs, the sum of multiple faces on approved turnarounds, and the sum of combined frontage on a corner lot measured along the right of way line. Does not include combined frontage from non-contiguous property line segments. SAPLING — A tree species that is less than two inches in diameter at 4.5 feet above ground level. [Article 14, Shoreland Zoning] SEEDLING — A young tree species that is less than 4.5 feet in height above ground level. [Article 14, Shoreland Zoning] SERVICE DROP — Any utility-line extension which does not cross or run beneath any portion of a water body, provided that:
A. In the case of electric service:
(1) The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and
(2) The total length of the extension is less than 1,000 feet.
B. In the case of telephone service:
(1) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or
(2) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length. [Article 14, Shoreland Zoning] SETBACK, FRONT — The distance between the road right-of-way or easement line, extending the width of the frontage, and the nearest part of any principal or accessory structure. SETBACK, NORMAL HIGH-WATER LINE — The horizontal distance from the normal high-water line of any perennial stream, river, great pond, or the upland edge of a wetland to the nearest part of a structure, road, parking space or other regulated object or area. [Article 14, Shoreland Zoning] SETBACK, REAR — The distance between the rear line of the lot, extending the full width of the lot, and the nearest part of any principal or accessory structure. SETBACK, SIDE — The distance between the side property line and the nearest part of any principal or accessory structure. Any lot line not a rear lot line or a front line shall be deemed a side lot line. SHORE FRONTAGE — The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline. [Article 14, Shoreland Zoning] SHORELAND ZONE — The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet of the upland edge of a nonforested freshwater wetland 10 acres or larger; or within 100 feet, horizontal distance, of the normal high-water line of a stream. [Article 14, Shoreland Zoning] SHORELINE — The normal high-water line, or upland edge of a freshwater wetland. [Article 14, Shoreland Zoning] SIGN — Structure, device, letter, banner, symbol, or other representation which is used as, or is in the nature of, an advertisement, announcement, or direction; which is erected, assembled, affixed, or painted out of doors and which is visible from a public way. For purposes of this chapter, "visible from a public way" means capable of being seen without visual aid by a person of normal acuity, from a way designated for vehicular use and maintained with public funds. SINGLE-FAMILY DWELLING — See "dwelling." SLUDGE — Any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or wet process air pollution control facility or any other such waste having similar characteristics and effect, but does not include industrial discharges that are point sources, subject to permits under Section 402 of the Federal Water Pollution Act, as amended. SOLAR ENERGY SYSTEM — A complete assembly consisting of one or more solar collectors and associated mounting hardware or equipment, intended to provide for the collection, storage and distribution of solar energy for heating or cooling, electricity generation, or solar/thermal hot water systems; these may be ground-mounted, dual-use, roof-mounted and building-integrated systems. SOLAR ENERGY SYSTEM, ABANDONMENT — "Abandonment" means the date at which any part of a solar energy generating system has been out of service for a continuous period of 12 months. SOLAR ENERGY SYSTEM, GROUND-MOUNTED — "Ground-mounted solar energy generating system" means a solar energy system that is structurally mounted to the ground. The panels may be stationary or revolving and of any size. SOLAR ENERGY SYSTEM, ROOF-MOUNTED OR BUILDING-INTEGRATED — "Roof-mounted and building-integrated solar energy generating system" means a solar energy system in which solar panels are mounted on top of the roof of a structure either as a flush-mounted system or as modules fixed to frames which can be tilted. The definition also includes a solar energy system that is an integral part of a principal or accessory building and includes, but is not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights and awnings. SOLAR ENERGY SYSTEM, SURFACE AREA — "Surface area" means the total surface area of all solar energy panels. SOLID WASTE — Useless, unwanted, or discolored solid material with insufficient liquid content to be free- flowing, including by way of example and not by limitation rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse, but shall not include septic tank sludge or agricultural waste. SPECIAL FLOOD HAZARD AREA — See "area of special flood hazard." [Article 15, Floodplain Management] SPECIAL WASTE — Any nonhazardous waste generated by sources other than domestic and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, which may disrupt or impair effective waste management or threaten the public health, human safety, or the environment and requires special handling, transportation, and disposal procedures. Special waste includes, but is not limited to:
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A. Oil, wood, coal, and multifuel boiler and incinerator ash;
B. Industrial and industrial-process waste;
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C. Debris and residual from nonhazardous chemical spills and cleanup of those spills; D. Contaminated soils and dredge spoils; E. Asbestos and asbestos-containing waste; F. Sandblast grit and nonliquid paint waste; G. Medical and other biological waste not identified under 38 M.R.S.A. § 1319-O, Subsection 1A(4); H. High and low pH waste; I. Spent filter media and residue; and
J. Other waste designated by the Board of Environmental Protection of the State of Maine by rule. START OF CONSTRUCTION — The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of roads and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building or modification of any construction element, whether or not that alteration affects the external dimensions of the building. [Article 15, Floodplain Management] STORM-DAMAGED TREE — A tree that has been uprooted, blown down, is lying on the ground, or remains standing and is damaged beyond the point of recovery as a result of a storm event. [Article 14, Shoreland Zoning]
STREAM —
A. In general:
(1) Means a channel between defined banks. A channel is created by the action of surface water and
has two or more of the following characteristics (applies to all streams not regulated by Article
14, Shoreland Zoning):
(a) It is depicted as a solid or broken blue line on the most recent edition of the U.S.
Geological Survey 7.5-minute series topographic map.
(b) It contains or is known to contain flowing water continuously for a period of at least six
months of the year in most years.
(c) The channel bed is primarily composed of mineral material such as sand and gravel, parent
material or bedrock that has been deposited or scoured by water.
(d) The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water
or, if no surface water is present, within the stream bed.
(e) The channel contains aquatic vegetation and is essentially devoid of upland vegetation.
(2) "Stream" or "brook" does not mean a ditch or other drainageway constructed, or constructed and
maintained, solely for the purpose of draining stormwater or a grassy swale.20
B. For purposes of Article 14, Shoreland Zoning, "stream" means a flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent, highest- resolution version of the national hydrography dataset available from the United States Geological Survey, on the website of the United States Geological Survey or the national map, to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream. STREET — See "ROAD.”
STRUCTURE —
A. In general, anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, excluding driveways, walkways, patios, and other paved surfaces, and fences, and stone or brick walls used for area separation and not as part of a building.
B. For floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally aboveground is also a structure. [Article 15, Floodplain Management]
C. For purposes of Article 14, Shoreland Zoning, whether temporary or permanent: anything located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind; anything built, constructed or erected on or in the ground. The term "structure" includes structures such as decks, patios, and satellite dishes. "Structure" does not include fences, poles, wiring, guy wires, guy anchors and other aerial equipment normally associated with service drops, subsurface wastewater disposal systems as defined in 30-A M.R.S.A. § 4201.5, geothermal heat exchange wells as defined in 32 M.R.S.A. § 4700-E.3-C, and wells or water wells as defined in 32 M.R.S.A. § 4700-E.8.
(1) The definition of "structures accessory or essential to allowed recreational uses" is repealed. SUBDIVIDER — An individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity, or agent thereof, that undertakes the activities governed by this chapter. The term "subdivider" is intended to include the terms "developer" and "builder." SUBDIVISION — The division of a tract or parcel of land into three or more lots within any five-year period that begins on or after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, building or otherwise. The term "subdivision" also includes the division of a new structure or structures on a tract or parcel of land into three or more dwelling units within a five-year period, the construction or placement of three or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into three or more dwelling units within a five-year period.
A. In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of the tract or parcel is considered to create the first two lots and the next dividing of either of these first two lots, by whomever accomplished, is considered to create a third lot, unless:
(1) Both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence that has been the subdivider's principal residence for a period of at least five years immediately preceding the second division; or
(2) The division of the tract or parcel is otherwise exempt under this chapter.
B. The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this chapter, do not become subject to this chapter by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel. The municipal reviewing authority shall
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consider the existence of the previously created lot or lots in reviewing a proposed subdivision created
by a subsequent dividing.
C. A lot of 40 or more acres shall not be counted as a lot.
D. The following divisions do not result in lots that must be counted:(1) A division accomplished by devise does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(2) A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(3) A division accomplished by order of court does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(4) A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of five years prior to the division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter. If the real estate exempt under this subsection is transferred within five years to another person not related to the donor of the exempt real estate as provided in this subsection, then the previously exempt division creates a lot or lots for the purposes of this subsection. "Person related to the donor" means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage or adoption. A gift under this subsection cannot be given for consideration that is more than 1/2 the assessed value of the real estate.
(5) A division accomplished by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(6) A division accomplished by the transfer of any interest in land to the owners of land abutting that land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter. If the real estate exempt under this subsection is transferred within five years to another person without all of the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.
E. The division of a tract or parcel of land into three or more lots and upon each of which lots permanent dwelling structures legally existed before September 23, 1971, is not a subdivision.
F. In determining the number of dwelling units in a structure, the provisions of this chapter regarding the determination of the number of lots apply, including exemptions from the definition of a subdivision of land.
G. Notwithstanding the provisions of this chapter, leased dwelling units are not subject to subdivision review if the municipal reviewing authority has determined that the units are otherwise subject to municipal review at least as stringent as that required under this subchapter.
H. The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under Subsection D(1) through D(6) above, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter. SUBSTANTIAL COMPLETION OF CONSTRUCTION — Completion of 90% of a permitted structure or use measured as a percentage of estimated total cost. In the case of a subdivision, completion does not require development of individual lots, but only applies to the project infrastructure.
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SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Article 15, Floodplain Management] SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. SUBSTANTIAL START OF CONSTRUCTION — Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost. SUBSURFACE SEWAGE DISPOSAL SYSTEM — Any system designed to dispose of waste or wastewater 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. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system. SUSTAINED SLOPE — A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area. [Article 14, Shoreland Zoning] TIMBER HARVESTING — The cutting and removal of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 250-14.11N, Clearing or removal of vegetation for activities other than timber harvesting. TINY HOME: A living space permanently constructed on a frame or chassis and designed for use as permanent living quarters that:
A. Complies with American National Standards Institute standard A119.5 on plumbing, propane, fire and life safety and construction or National Fire Protection Association standard 1192 on plumbing, propane and fire and life safety for recreational vehicles;
B. Does not exceed 400 square feet in size;
C. Does not exceed any dimension allowed for operation on a public way under this Title; and
D. Is a vehicle without motive power. “Tiny home” does not include a trailer, semitrailer, camp trailer, recreational vehicle or manufactured housing as defined by State law. TOWN — The municipality of Durham, Maine. TRACT OR PARCEL OF LAND — All contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road are considered each a separate tract or parcel of land unless the road was established by the owner of land on both sides of the road. TRADEMAN'S SHOP — The shop of a self-employed craftsman or person in a skilled trade where goods are crafted and offered for sale, or services are rendered. TRANSMISSIVITY — The product of saturated thickness and hydraulic conductivity of an aquifer, the "hydraulic conductivity of an aquifer" being defined as the quotient of the groundwater Darcy velocity divided by the hydraulic gradient.
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TREE — A woody perennial plant that has a well-defined trunk(s) at least two inches in diameter at 4.5 feet above the ground, that has a more or less definite crown and that reaches a height of at least 10 feet at maturity. [Article 14, Shoreland Zoning] TRIBUTARY STREAM, SHORELAND ZONING — A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed; devoid of topsoil; 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 by human activity. This definition does not include the term "stream" as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland. [Article 14, Shoreland Zoning] UL — Underwriters Laboratory. A global safety certification company that sets standards for product safety and performance, including those for batteries and BESS components. UPLAND EDGE OF A WETLAND — The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation or where the soils support the growth of wetland vegetation but such vegetation is dominated by woody stems that are approximately 20 feet tall or taller. [Article 14, Shoreland Zoning] UTILITY STRUCTURES — Buildings which house or service utility services, including structures such as radio towers, transmitting stations, and satellite dishes serving more than a residential use on a single lot. Satellite dishes servicing a residential use on a single lot shall be considered accessory to such use. VARIANCE — A grant or permission by the Board of Appeals to relax the space and bulk standards of this chapter. Any such grant shall strictly comply with the standards and procedures of Article 11 of this chapter. A variance is not authorized for establishment or expansion of a use otherwise prohibited. VEGETATION — All live trees, shrubs, and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level. [Article 14, Shoreland Zoning] VIOLATION — The failure of a structure or development to comply with the requirements of this chapter or any other activity or use that does not comply with this chapter. VOLUME OF A STRUCTURE — The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof. [Article 14, Shoreland Zoning] WATER BODY — Any great pond, river or stream. [Article 14, Shoreland Zoning] WATER CROSSING — Any project extending from one bank to the opposite bank of a 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. [Article 14, Shoreland Zoning] WETLAND — A freshwater wetland. [Article 14, Shoreland Zoning] WOODY VEGETATION — Live trees or woody, non-herbaceous shrubs. [Article 14, Shoreland Zoning]
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ARTICLE 2
Administration and Enforcement
§ 250-2.1. Administering agencies.
A. Code Enforcement Officer. Unless otherwise provided in this chapter, the Code Enforcement Officer (CEO) shall administer and enforce this chapter. No permit application shall be approved by the Code Enforcement Officer except in compliance with the provisions of this chapter. The Code Enforcement Officer shall have the following duties:
(1) Applications and fees. Review and act upon applications as set forth in this chapter. Collect any fees due. Refer/process all applications as required.
(2) CEO permit approvals. Act upon permit applications that are under the jurisdiction of the CEO as set forth in this chapter.
(3) Board of Appeals applications. Refer requests for variances and appeals to the Board of
Appeals.
(4) Inspections. Inspect sites where permit applications have been approved to ensure compliance
with local ordinances.
(5) Complaints and violations. Investigate complaints and reported violations.
(6) Reports and records. Keep written inspection reports and thorough records.
(7) Process and review the applications which are under the jurisdiction of the Board of Appeals, as
set forth in this chapter.
(8) Violation notices. Issue violation notices.
(9) Enforcement. Carry out enforcement procedures as outlined in § 250-2.5 below and as required
by state statute and state rules.
(10) Consent agreements. Process or act on consent agreements involving violations of this chapter.
(11) Court. Appear and represent the Town in court when necessary.
(12) Permit revocations. Revoke any permit after notice if it was issued in error or if it was based on
erroneous information.
(13) Interpretation. May request an advisory opinion from the Board of Appeals when there is a
question concerning the interpretation of this chapter.
B. Local Plumbing Inspector. The Local Plumbing Inspector shall have the following duties:
(1) Applications and fees. Act upon all subsurface wastewater disposal system applications and
plumbing applications. Collect any fees due.
(2) Inspections. Inspect sites where permit applications have been approved to ensure compliance
with state rules and codes.
(3) Violation notices. Issue violation notices.
C. Planning Board. The Planning Board shall be responsible for reviewing and acting upon applications,
as set forth in this chapter.
D. Board of Appeals. The Board of Appeals shall have the authority and responsibilities as set forth in
Article 11.25
E. Road Commissioner. The Road Commissioner shall be responsible for reviewing and acting upon
applications as set forth in this chapter.F. Select Board. The Select Board shall be responsible for reviewing and acting upon state-required licenses, as set forth in this chapter. The Select Board, upon recommendation of the Planning Board and review by the Town Attorney, shall be authorized to make non-substantive corrections to the text of this Ordinance, including but not limited to, correcting typographical errors, misspellings, incorrect cross-references within the Ordinance, and updating references to State statutory citations. Such corrections shall be limited to ensuring accuracy and consistency of the adopted text and shall not alter the intent, meaning, or substantive provisions of any regulation enacted by voters at Town Meeting. The Select Board shall maintain a record of all such corrections made, including the date of the correction and a brief description of the change.
§ 250-2.2. Permits required.
A. Building permit. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Inspector. No change of use or resumption of a nonconforming use may occur without a permit issued by the Building Inspector. No other activity which may be referenced elsewhere in this chapter as requiring a permit shall commence without a permit issued by the Building Inspector. No permit shall be issued except in conformity with the provisions of this chapter and the provisions of other applicable state and local codes, and after the necessary approvals have been secured from local officials. No building, structure, land or water area shall be used for any purpose or in any manner except as permitted within the district in which such building, structure, land or water area is located.
B. Certificate of occupancy.
(1) A certificate of occupancy shall be required and obtained from the Code Enforcement Officer prior to the occupancy or use of any building, structure or any portion thereof for which a building permit was obtained.
(2) Occupancy or use without the required certificate shall be deemed to be a violation of this Code and subject to enforcement action as provided in § 250-2.5 of this chapter.
(3) The purpose of the certificate of occupancy is to ensure compliance with this chapter and that the building, structure or any portion thereof was constructed as was permitted.
C. Installation of public utility service. A 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 written authorization attesting to the validity and currency of all 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.
D. Driveway and entrance permit. No driveway, entrance or approach within the limits of the right-of- way for any Town of Durham public road or approved private road may be constructed or reconstructed except in accordance with a driveway and entrance permit issued by the Town of Durham upon application.
§ 250-2.3. Permit application review procedure.
A. Code Enforcement Officer. The procedure for administering a permit shall be as follows, unless
specified elsewhere in this chapter:
(1) Submission of permit application:
(a) Determination of complete application. Within 10 days of the date of receiving a written
26application, the Code Enforcement Officer shall review the application for completeness. If the application is incomplete, the Code Enforcement Officer shall notify the applicant, in writing, and specify the additional material that is needed to make the application complete. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(b) Action on complete application. Within 10 working days of the date of receipt of a complete application, the Code Enforcement Officer shall examine such application to determine whether or not the proposed building, structure or use would be in compliance with this chapter and act to deny, to approve, or to approve the application with conditions as are deemed advisable to assure compliance with this chapter.
(2) Applicant responsibility:
(a) Burden of proof. The applicant shall have the burden of proving that the proposed project, development or land use activity is in conformity with the purposes and provisions of this chapter.
(b) Posting. Within seven working days of receiving the approval, the applicant shall conspicuously post any approval issued, on the lot where the activity will occur, at a location clearly visible from the public street or road.
(c) Expiration of approval. Unless otherwise permitted herein, the work authorized by a permit
must be commenced within 12 months of the date of issuance and must be completed within
24 months of the date of commencement. "Completed" shall include finished foundation,
installed exterior doors as specified below, finished exterior roofing, windows installed,
and finish grading executed. A permit shall be renewed by the Code Enforcement Officer
for an additional twenty-four-month increment if:
[1] The applicant intends to finish the activity within such period; and
[2] The applicant explains in detail why the activity was not completed within the
original permit time limit.
(3) Permit approval:
(a) An application for a permit shall not be approved prior to the applicant receiving their
driveway/entrance permit, if one is required, from the Maine Department of Transportation
for access onto a state roadway.
(b) An application for a permit shall not be approved prior to the applicant receiving their
Natural Resources Protection Act permit from Maine Department of Environmental
Protection, if one is required.(c) An application for a permit shall not be approved prior to the applicant receiving their conditional use/site plan review permit, if one is required.
(d) An application for a permit shall not be approved if the property or the proposed project is not in compliance with the following State of Maine statutes: [1] Junkyards and automobile graveyards statute; or [2] Dangerous building statute.
B. Local Plumbing Inspector. The procedure for administering a permit shall be as required per the
Subsurface Wastewater Disposal Rules and the Maine State Internal Plumbing Code.
C. Road Commissioner. The procedure for administering a permit shall be as follows:27
(1) Submission of permit application:
(a) Determination of complete application. Within 30 days of the date of receiving a written application, the Road Commissioner shall review the application for completeness. If the application is incomplete, the Road Commissioner shall notify the applicant, in writing, and specify the additional material that is needed to make the application complete. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(b) Action on complete application. Within seven working days of the date of receipt of a complete application, the Road Commissioner or his/her designee shall examine the application and complete a site inspection to determine whether or not the proposed entrance is compliance with this chapter and act to deny, to approve, or to approve the application with conditions as are deemed advisable to assure compliance with this chapter.
(2) Applicant responsibility:
(a) Burden of proof. The applicant shall have the burden of proving that the proposed project, development or land use activity is in conformity with the purposes and provisions of this chapter.
(b) Posting. Within seven working days of receiving the approval, the applicant shall conspicuously post any approval issued, on the lot where the activity will occur, at a location clearly visible from the public street or road.
(3) Expiration of approval. If construction is not completed within one year of the date the approval is granted, the approval becomes invalid. The Road Commissioner or his/her designee shall renew the approval within 30 days of the expiration of the approval upon payment of a fee as specified in this chapter. Otherwise, the permit becomes invalid and the application process must begin anew.
D. Planning Board. The procedure for administering a permit shall be as specified in Articles 6, 7, and 8 of this chapter, according to the type of permit being requested.
E. Board of Appeals. The procedure for administering a permit shall be as specified in Article 11 of this chapter.
F. Select Board. The procedure for administering a license shall be as follows:
(1) Submission of permit application:
(a) Determination of complete application. Within 30 days of the date of receiving a written application, the Select Board or its designee shall review the application for completeness. If the application is incomplete, the Select Board or his/her designee shall notify the applicant, in writing, and specify the additional material that is needed to make the application complete. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(b) Action on complete application. Within 45 working days of the date of receipt of a complete application, the Select Board or its designee shall act to deny, to approve, or to approve the application with conditions as are deemed advisable to assure compliance with this chapter.
(2) Submission requirements:
(a) Burden of proof. The applicant shall have the burden of proving that the proposed project, development or land use activity is in conformity with the purposes and provisions of this chapter and any applicable state laws and rules.
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(b) Prior to issuance of the municipal license, the applicant shall present either a permit from the Maine Department of Environmental Protection (DEP) or a letter from DEP, stating that a permit is not required.
§ 250-2.4. Permit application submission requirements.
Submission requirements may be waived if that information is not required to determine compliance with applicable standards. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate the statutory criteria for approval and performance standards have been or will be met.
A. Written application. Every applicant for a permit shall submit a written application on a form provided by the municipality. The following items, when appropriate, shall be included with the application:
(1) A scaled site plan showing:
(a) The shape, size and location of the lot to be built upon and structure(s) to be erected,
altered or removed.
(b) Any structure(s) already on the lot.
(c) Depth of front yards of structure(s) and adjoining lots.
(2) Statement of intended use.
(3) Documentation that the applicant has right, title or interest in the property.(4) Any other information needed by the Code Enforcement Officer, Planning Board, or the Board of Appeals to determine compliance with the provisions of this chapter and/or any other information required by this chapter.
(5) Signature. All applications shall be signed by the owner of the property or the owner's legal agent, certifying that the information on it is complete and accurate. If the person signing the application is not the owner or lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.
(6) Application to be dated. All applications shall be dated, and the date and time of its receipt shall be noted upon each application.
B. Fees:
(1) No permit shall be issued until the application fee(s) are paid. Application fees shall not be refundable unless noted elsewhere in this chapter. Checks are to be made payable to the Town of Durham.
(2) All permit fees shall be established in a fee schedule adopted periodically by the Select Board
based on analysis of Town processing costs and comparison with fees in similar communities.
(3) The Select Board shall establish fees for all permits within this chapter for which the Town performs
services required for its administration.§ 250-2.5. Enforcement.
A. Violations. If the Code Enforcement Officer finds that any provisions of this chapter has been violated, he shall notify by certified mail the property owner and such other person as may be responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct. The Town Attorney or Code Enforcement Officer, with approval from the Select Board, shall institute, in the name of the Town, any and all action, legal and equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter. Any person, firm or corporation owning or having control of any building or premises or part thereof who violates any provisions of this chapter, or fails to take the required corrective measures, shall be subject to the provisions of 30-A M.R.S.A. § 4452, as the same shall be amended from time to time. Each day such violation exists shall constitute a separate offense.
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B. Consent agreements. The Select Board, or its authorized agent, may enter into a consent agreement to eliminate violations and to collect civil penalties. Only the Select Board may enter into a consent agreement that would allow an illegal structure or use to continue.
§ 250-2.6. Contract zoning. [Added 4-5-2025] A. Authority and purpose.
(1) Pursuant to 30-A M.R.S.A. § 4352, contract zoning is hereby authorized where, due to the unique nature or location of a proposed development, the Town finds it necessary or appropriate to allow flexibility for the development of the land and to be able to impose, by agreement with the property owner, conditions or restrictions that are not generally applicable to other properties similarly zoned. All rezoning under this § 250-2.6 shall be consistent with the Town of Durham Comprehensive Plan and complementary to existing and permitted uses within the original zones. Use of the provisions of this § 250-2.6 shall be limited to where a rezoning is requested by the owner of the property or by an applicant with a legal interest in the property. Nothing in this § 250-2.6 shall authorize an agreement for rezoning that is inconsistent with the Comprehensive Plan.
(2) Contract zoning shall promote the general welfare of the residents of the Town of Durham. The Select Board shall approve a contract zoning request for placement on the Town warrant only if it determines, in its discretion, that the proposed contract zoning is in the public interest and will have beneficial effects on the Town as a whole which would not result if the property were developed under the existing zoning district classification and is otherwise in conformance with this § 250-2.6.
(3) No contract zone shall be effective until it has been approved by a vote of Town Meeting.
B. Application process.
(1) The person or entity proposing contract zoning shall submit an application for contract zoning
to the Town Manager which shall include, at a minimum, the following elements:
(a) A map showing existing and proposed zoning district lines;
(b) The address or exact location of the request, including the Durham tax map references for
the property to be rezoned;
(c) The name, address and telephone number of the property owner and of the applicant, if the
applicant is not the owner;
(d) Evidence of the applicant's right, title or interest in the property;
(e) A site analysis that describes the major features of the property, allowing the Planning
Board and Select Board to make informed judgments about how it will be used;(f) A conceptual development plan showing the approximate layout of all buildings, structures, roads, driveways, parking areas and other significant improvements to be constructed on or above the surface of the ground, plus any proposed open spaces, conservation areas, buffer areas or other features of the development to show subsurface infrastructure installations, building plans, engineering plans or other details which would be required for a subdivision plan or site plan;
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(g) A statement describing the existing use of the property and the proposed new use and development and describing how the proposed contract zone will be consistent with the Town of Durham Comprehensive Plan, will be consistent with existing and permitted uses within the existing zoning district classification of the property, will be in the public interest, and will have beneficial effects on the Town as a whole which would not result if the property were developed under the existing zoning district classification;
(h) A proposed contract zoning agreement which complies with the requirements of Subsection C, below;
(i) Any other information requested by the Town Manager and/or the Code Enforcement Officer; and
(j) A nonrefundable application fee as specified in the fee schedule established by order of the Select Board.
(2) Nothing within this § 250-2.6 shall prevent the Select Board from meeting in executive session pursuant to 1 M.R.S.A. § 405 to discuss matters relating to a potential or proposed contract zoning application.
(3) The Town Manager or designee will review the application and may engage with the applicant and Town Attorney on an advisory basis to develop the form and content of the proposed contract zoning agreement. Upon being satisfied that the application is sufficiently complete for review by the Planning Board and the Select Board, the Town Manager will schedule a joint meeting of the Planning Board and the Select Board to commence review of the request for contract zoning, at which time a public hearing shall be held in accordance with the requirements of 30-A M.R.S.A. § 4352, Subsection 8. Notice of this hearing shall be posted in the Town Clerk's office at least 14 days prior to the public hearing and shall be published at applicant's expense in a newspaper of general circulation within the Town at least two times. The date of first publication shall be at least seven days prior to the hearing. The applicant also shall mail by certified mail, at least 14 days prior to the public hearing, notice of hearing to the owners of the property to be rezoned and to the owners of all property within 500 feet of the affected lot(s) or parcel(s). This notice shall contain the date, time and location of the hearing and a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned. If the area to be rezoned is within a source water protection area, the applicant must also provide notice, by certified mail, at least 14 days prior to the public hearing to the public drinking water supplier. The Town shall retain evidence of the required publication and mailing. So long as notice has been provided in accordance with this subsection, failure of any person to receive notice will not invalidate a contract zoning agreement.
(4) Joint Planning Board/Select Board meeting. The joint Planning Board/Select Board meeting shall be presided over by the Chair of the Select Board and shall be conducted so as to include, but not be limited to, the following elements:
(a) Presentation by the applicant;
(b) Comments from Town staff;
(c) Discussion among members of the Planning Board and the Select Board, which may include questions posed to the applicant and staff;
(d) Comments from members of the public (this shall constitute the public hearing by the municipal reviewing authority required by 30-A M.R.S.A. § 4352, Subsection 8);
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(e) Response or rebuttal from applicant;
(f) Comments from members of the Planning Board concerning the land use implication of
the proposed contract zoning amendment; and
(g) Select Board discussion of the contract zoning amendment.
(5) If the Select Board determines that professional assistance is necessary to guide its consideration
of the proposed contract zoning, it may request the applicant to make a deposit into escrow of
such funds necessary to permit such review. If the applicant fails or refuses to make the requested
deposit, the application shall be deemed abandoned.
(6) The joint Planning Board/Select Board meeting may be continued from time to time by majority
vote of all members from both Boards present and voting. The Planning Board members will, at
the conclusion of the joint meeting, vote as a nonbinding recommendation to the Select Board
either to:
(a) Support the proposed contract zoning amendment;
(b) Support the proposed contract zoning amendment with modifications; or
(c) Oppose the proposed contract zoning amendment.
(7) At the conclusion of the discussion, the Select Board shall, prior to adjourning, or at a subsequent
meeting to be held within 30 days, vote either to:
(a) Direct that the proposed contract zone be put on a future warrant for vote by the Town,
either as presented or with amendments or conditions approved by the Select Board;
(b) Reject the request for contract zoning; or(c) Propose amendments to the contract zoning agreement, subject to agreement by the applicant and presentation in final format for final vote by the Select Board.
(8) The Select Board shall not direct that the contract zoning agreement be placed on the Town warrant unless it has found, after the required hearing, that the contract zoning amendment is consistent with the Town of Durham Comprehensive Plan, is compatible with the existing and permitted uses within the existing zoning district classification of the property, is in the public interest, and will have beneficial effects on the Town as a whole which justify modification of the existing zoning district classification. The Select Board will state its reasons for its findings and conclusions on each of those determinations.
(9) The applicant may withdraw a request for a contract zoning agreement by submitting written notice to the Town Manager at any point prior to posting of the warrant for the Town Meeting at which the agreement will be considered.
(10) Upon adoption by a vote of Town Meeting, the language of the contract zone shall be incorporated by reference into this chapter. The location of the contract zone shall be indicated on the Zoning Map. In addition, the contract zone and any ancillary agreements shall be recorded in the Androscoggin County Registry of Deeds.
(11) Any rezoning pursuant to this section that affects a shoreland district, as identified by this chapter, shall not take effect until approved by the Commissioner of Environmental Protection as required by 38 M.R.S.A. § 438-A, Subsection 3.
(12) Subsequent to adoption of the contract zone by a vote of the Town Meeting, no development may be commenced until all other required land use approvals are approved by the applicable reviewing authority. In making its review, the reviewing authority shall apply all approval and
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performance standards set forth in this chapter, unless specifically modified by the contract
zoning agreement.
C. Contract zoning agreement.
(1) The contract zoning agreement shall include a provision granting the Town of Durham power to
enforce all conditions and restrictions, both through enforcement action pursuant to this chapter
and through legal action for specific performance.
(2) Conditions and restrictions imposed under the authority of this section shall relate only to the
physical development and operation of the property and, though not limited to, may include, by
way of example:
(a) Limitations on the number and types of uses permitted;
(b) Restrictions on space and bulk standards and on the scale and density of the development;
(c) Specifications for the design and layout of buildings and other improvements;
(d) Preservation of open space and buffers, provisions for public access to or protection of
natural areas and historic sites;
(e) Contributions toward the provision of municipal services impacted by the development;(f) Performance guarantees securing completion, maintenance, or decommissioning of improvements;
(g) Provision for enforcement and remedies for breach of any condition or restriction; and
(h) Provision for reservation or dedication of land for public purposes.
(3) The contract zoning agreement shall include provisions for termination of the contract zone if the proposed development is not substantially commenced or completed by a stated deadline. The deadline for substantial commencement of the development shall not exceed two years from approval of the contract zoning agreement by Town Meeting, and the deadline for substantial completion of the development shall not exceed three years following substantial commencement.
(4) Effects of the agreement. The conditions and restrictions set forth in the agreement shall run with the land and bind all future owners of the land and any other person who claims an interest in the property, but shall not preclude the owner from making other uses of the property that are permitted under the general provisions of this chapter, subject to applicable permitting. Approval of a contract zoning agreement shall not obligate the applicant to undertake the proposed development, but any development that is conducted by the applicant shall be in accordance with the contract zoning agreement.
(5) Modifications and amendments. The contract zoning agreement may allow for changes or modifications to the development but shall specify the procedure for approval of any such changes or modifications, setting forth categories of changes or modifications which would require Planning Board approval only, those which would require Select Board approval, and those that would require approval by a vote at Town Meeting.
(6) No rights created before final Town Meeting vote. The submission of a request for contract zoning under this section, the payment of application fees, or the expenditure of funds by the applicant in presenting such a request shall not create any vested rights in the application. The conduct of meetings and hearings, the review of the application, comments by Town officials or staff, preliminary votes, findings or determinations, preliminary subdivision or site plan approval, and the availability of contract zoning under this § 250-2.6 shall not be construed as creating any entitlement to approval of a request for contract zoning. The decision whether or not to rezone remains subject to a vote at Town Meeting, exercising its sole and exclusive judgment as the legislative body of the Town of Durham.
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ARTICLE 3
Zoning Districts
§ 250-3.1. Zoning Map. A digital map entitled "Town of Durham" is hereby adopted as part of this chapter and shall be referred to as the "Zoning Map." The Zoning Map shall be identified by the signature of the Chairman of the Select Board and attested by the signature of the Town Clerk. The Zoning Map shall be located in the office of the Town Clerk, and it shall be the final authority as to the current status of the zoning of the land and water areas, buildings, and other structures and uses in the Town.
§ 250-3.2. Zoning districts established. [Amended 4-5-2025]
A. Primary districts. The Town shall be divided into two primary districts as shown on the Zoning Map
and shall also have three overlay districts that shall exist within the primary districts as set forth below.
The two primary districts shall be known as the:
(1) Rural Residential and Agricultural District (RRA).
(2) Resource Protection District (RP).
B. Overlay districts.
(1) There are also three overlay districts, which are imposed over certain sections of the above
primary districts as shown on the Zoning Map. These are the:
(a) Aquifer Protection Overlay District.
(b) Resource Protection (Shoreland Zoning) District.
(c) Limited Residential (Shoreland Zoning) District.
(2) The overlay districts are subject to additional performance standards contained in Article 14,
Shoreland Zoning, and Article 13, Aquifer Protection.§ 250-3.3. District boundaries.
A. Uncertainty of boundaries. Where uncertainty exists with respect to the boundaries of the various
districts as shown on the Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of roads, highways, or right-
of-way shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following well-established lot lines shall be construed as
following such lot lines;
(3) Boundaries indicated as approximately following municipal limits shall be construed as
following municipal limits;
(4) Boundaries indicated as following shorelines shall be construed to follow the normal high-water
line, and in the event of natural change in the shoreline shall be construed as moving with the
actual shoreline;
(5) Boundaries indicated as being parallel to or extensions of features indicated in Subsection A(1)
through (4) above shall be so construed. Distances not specifically indicted on the Zoning Map
shall be determined by the scale of the map. Any conflict between the Zoning Map and a
description by metes and bounds in a deed shall be resolved in favor of the description by metes35
and bounds.
(6) Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in circumstances where the items covered by Subsection A (1) through (5) above are not clear, the Planning Board shall interpret the district boundaries.
B. Division of lots by district boundaries. Where a zoning district boundary line divides a lot or parcel of land in the same ownership of record at the time such line is established by adoption or amendment of this chapter, the regulations applicable to the less-restricted portion of the lot may be extended into the more-restricted portion of the lot by not more than 20 feet, provided that the more-restricted portion is not a Resource Protection District, and provided further that minimum side setback and yard and rear setbacks and yard requirements for a nonresidential use abutting a residential use shall be observed.
C. District boundaries are defined as follows:
(1) Rural Residential and Agricultural District is defined as that area not in the Resource Protection
District as shown on the Zoning Map.
(2) Resource Protection District boundaries shall be those designated on the Zoning Map of the
Town for resource protection as meeting the following Comprehensive Plan criteria:
(a) One-hundred-year floodplains as determined by the most recent FEMA flood mapping
study;
(b) Areas subject to state mandatory shoreland zoning with the exception of areas designated
as limited residential shoreland zoning (LRSZ);
(c) Land within 100 feet of a perennial stream designated on the Zoning Map;
(d) Land within a forested or emergent wetland that extends for an area of 10 or more acres as
determined by Primary Map 1, Water Resources and Riparian Habitats, Durham, produced
by the Maine Department of Inland Fisheries and Wildlife Beginning With Habitat Program
(January 2018) and designated on the Zoning Map;
(e) Land within 250 feet of an emergent wetland designated by the Maine Department of
Inland Fisheries and Wildlife as being of moderate to high value for waterfowl and wading
bird habitat and designated on the Zoning Map; and/or
(f) Land designated as having multiple natural resources as determined by Supplementary
Map Natural Resource Co-occurrence, Durham (January 2018), with a rating of six or more
attribute values and designated on the Zoning Map.(g) Detailed Resource Protection District boundary adjustments for buildings located in resource protection to allow for building expansions: [1] Floodplains. For buildings located in FEMA-mapped floodplains outside areas subject to mandatory shoreland zoning, the boundary of resource protection is 100 feet from a building constructed on or before April 1, 2023. Proposed building expansions must meet flood management standards of Article 15. [2] Forested wetlands 10 acres or larger. For buildings located in mapped forested wetland areas of 10 or more acres outside areas subject to mandatory shoreland zoning, the boundary of resource protection is 100 feet from a building constructed on or before April 1, 2023. Proposed building expansions must meet state requirements for wetland alterations.
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[3] Stream buffers. For buildings located within 100 feet of a perennial stream outside areas subject to mandatory shoreland zoning, the boundary of resource protection is the current stream setback distance of a building constructed on or before April 1, 2023. Proposed building expansions shall go no closer to the stream than the existing building. [4] Waterfowl/wading bird habitat buffers. For buildings located within 250 feet of an emergent wetland of 10 or more acres outside areas subject to mandatory shoreland zoning and designated by the Maine Department of Inland Fisheries and Wildlife as having moderate or high value for waterfowl and wading birds, the boundary of resource protection is the current setback distance of a building constructed on or before April 1, 2023, from the protected resource. Proposed building expansions shall go no closer to the emergent wetland than the existing building. [5] Detailed adjustments to the Resource Protection District boundaries shall be shown on the Zoning Map.
(3) Aquifer Protection Overlay District boundaries shall be those defined on the Zoning Map of the
Town for aquifer protection. In order to be excluded from the Aquifer Protection Overlay
District, evidence must be presented to the Planning Board which shows that a saturated geologic
strata of transmissivity greater than or equal to 100 feet squared/day does not exist in that site
bordering the mapped sand and gravel aquifer.
(4) Shoreland Zoning Overlay District boundaries shall be those defined on the Zoning Map of the
Town for shoreland zoning and more specifically determined as follows:
(a) All land areas within 250 feet, horizontal distance, of the normal high-water line of great
ponds;
(b) All land areas within 250 feet, horizontal distance, of the normal high-water line of rivers;
(c) All land areas within 250 feet, horizontal distance, of the upland edge of a freshwater
wetland consisting of 10 or more acres of contiguous wetland (other than forested wetland);
and
(d) All land areas within 100 feet, horizontal distance, of the normal high-water line of a stream
shown on the most recent, highest-resolution version of the national hydrography dataset
available from the United States Geological Survey (USGS Topography Map).
(e) The Shoreland Zoning Overlay District is hereby further divided into the Resource
Protection and Limited Residential subdistricts as set forth in Article 14.37
ARTICLE 4
Use, Space and Bulk Requirements
§ 250-4.1. Table of Land Uses. [Amended 4-5-2025]
A. The Table of Land Uses below establishes the uses allowed in each zoning district.
B. Any use not specifically listed in the Table of Land Uses is prohibited.
C. Any use similar to a use listed in the Table of Land Uses requires a determination by the Zoning Board
of Appeals.
D. All uses are subject to the general performance standards of Article 5 and the specific standards of
Article 14, Shoreland Zoning; Article 13, Aquifer Protection; Article 15, Floodplain Management;
Article 12, Historic Commission; Article 17, Extractive Industries and Gravel Pits; and Article 16,
Mobile Home Parks.
E. When there is a question as to which category a land use should be categorized as, the more specific
land use category shall rule over a general category.KEY
Reviewing Authority: Yes - No land use ordinance permit required (but activities are subject to specifically stated performance standards) CER - Code Enforcement Review; CEO determines whether Planning Board Permit is required CU - Conditional use permit required by Planning Board SB - License from Select Board required PB - Planning Board approval required RC - Permit required from Road Commissioner SPR - Planning Board site plan approval required No - Prohibited CZ - Permitted only pursuant to an approved contract zoning agreement (see § 250-2.6) District Abbreviations: AP - Aquifer Protection Overlay District RRA - Rural Residential and Agricultural District RP - Resource Protection District RP(SZ) - Resource Protection Shoreland Zoning Overlay District LR(SZ) - Limited Residential Shoreland Zoning Overlay District
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Table 4.1 Table of Land Uses
Land Use RRA RP AP RP(SZ) LR(SZ)
Access onto Town RC RC RC RC RC road Accessory CER No CER No CER dwelling unit Agriculture Yes Yes Yes CU Yes Automotive CU and SB No No No No graveyards and junkyards Back lot CER No CER No CER Battery energy CZ No No No No storage systems of < 1 MWh Bed-and-breakfast Yes No CU No No Campgrounds CU No No No CU Cannabis Business or Aggregated No No No No No Growing Facility Cemeteries CU No CU No CU Churches CU No CU No CU Clearing or Yes Yes Yes CER Yes removal of vegetation for activities other than timber harvesting Clubs, lodges and CU No CU No CU other community building Day-care center CU No CU No No Emergency Yes Yes Yes Yes Yes operations Essential services a. Roadside Yes Yes Yes CER Yes distribution lines (34.5kV and lower)
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Table 4.1 Table of Land Uses
Land Use RRA RP AP RP(SZ) LR(SZ)
b. Nonroadside CU CER
or cross-country distribution lines involving 10 poles or less in the shoreland zone
c. Nonroadside or CU CU
cross-country distribution lines involving 11 or more poles in the shoreland zone
d. Other essential Yes Yes Yes CU CU services Extractive CU No CU No CU
industries and gravel pits Filling or other earthmoving activities not covered by other permit:
1 to 24 yd3 Yes CER CER CU CER
25 to 250 yd3 Yes CU CU CU CU 251 to 500 yd3 CER CU CU CU CU > 500 yd3 CU CU CU CU CU Fire prevention Yes Yes Yes Yes Yes activities Gasoline station CU No No No No and/or repair garage Groundwater CU No CU No No extraction Home-based CER No CER No CU business Institutional or CU No CU No CU cultural facilities
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Table 4.1 Table of Land Uses
Land Use RRA RP AP RP(SZ) LR(SZ)
Manufacturing: CU No No No No
light industrial and all other industrial uses not otherwise listed
Mobile home Yes No Yes No Yes Mobile home parks CU No CU No CU Mineral Yes No Yes No Yes exploration Motels, hotels, and CU No No No No inns Motorized Yes Yes Yes Yes Yes
vehicular traffic on existing roads and trails
Nonintensive Yes Yes Yes Yes Yes
recreational uses not requiring structures such as hunting, fishing and hiking
Nursing or CU No CU No No convalescent homes Open space uses Yes Yes Yes Yes Yes Parking facilities CU No CU No CU Personal service, CU No CU No No retail or wholesale business service,
financial service establishment, all other commercial services not otherwise listed
Piers, docks, CU No CU CU CU
bridges and other structures and uses extending or located below the normal high-water line or within a wetland
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Table 4.1 Table of Land Uses
Land Use RRA RP AP RP(SZ) LR(SZ)
Primitive Yes Yes Yes Yes Yes recreation Private sewage CER CER CER CER CER disposal systems for allowed uses Public buildings Yes No Yes No CU such as schools, libraries, and museums Public and private CU CU CU CU CU parks and recreational facilities involving minimal structural development Research facilities CU No No No No Restaurants CU No CU No No Restaurants, fast- CU No CU No No food Restaurants, CU No CU No No takeout Road construction PB PB PB CU CU (private) Road construction Yes Yes Yes CU CU (public) Service drops, as Yes Yes Yes Yes Yes defined, to allowed uses Single-family Yes No Yes No CER dwelling Sludge spreading CU CU CU No CU Soil and water Yes Yes Yes Yes Yes conservation practices Solar energy systems Medium-scale CER and SPR No CER and SPR No No
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Table 4.1 Table of Land Uses
Land Use RRA RP AP RP(SZ) LR(SZ)
Large-scale CU and SPR; No CU and SPR; No No
CZ also CZ also
required for required for
projects with projects with
solar panel solar panel
surface area > surface area >
400,000 sq. ft. 400,000 sq. ft.
Small Yes CU Yes CU CER
nonresidential
facilities for
educational,
scientific, or nature
interpretation
purposes
Structures Yes No Yes CU CER
accessory to
allowed uses
Surveying and Yes Yes Yes Yes Yes
resource analysis
Timber harvesting Yes Yes Yes Yes Yes
Two-family Yes No Yes No CER
dwelling
Wildlife Yes Yes Yes Yes Yes
management
practices§ 250-4.2. Spatial standards.
A. Rural Residential and Agricultural District.
(1) Minimum lot size: 90,000 square feet.
(a) Minimum buildable area. Each lot must contain a contiguous 40,000-square-foot building
envelope which does not contain areas in Resource Protection District, wetlands, or slopes
greater than 20%.
(2) Minimum access to lots. No dwelling shall be erected except on a lot that fronts on a road as
defined, and the minimum road frontage, measured along the lot line at the road, shall be at least
equal to the minimum lot width.
(3) Minimum road frontage: 300 feet.
(4) Minimum setbacks (where lot line abuts a road, setback is measured from the road right-of-way
or easement line):
(a) Front lot line residential: 50 feet.
(b) Front lot line nonresidential: 100 feet.43
(c) Side lot line residential: 20 feet.
(d) Side lot line nonresidential: 100 feet.
(e) Rear lot line residential: 20 feet.
(f) Rear lot line nonresidential: 100 feet.
(5) Maximum structure height: 35 feet. (Note: Features of structures such as chimneys, towers,
spires and structures for electric power transmission and distribution lines may exceed the
maximum structure height requirement.)
(a) For schools and municipal structures: 50 feet.
(6) Maximum coverage for impervious surfaces (including structures): 25%
(7) Minimum lot area per dwelling unit: 90,000 square feet per dwelling unit (accessory dwelling
units are exempt from lot area requirements).
(8) Maximum number of dwelling units per lot: three.
B. Resource Protection District.
(1) Minimum lot size: 90,000 square feet.
(2) Minimum road frontage: 300 feet.
(3) Minimum setbacks:
(a) Front lot line: 100 feet.
(b) Side lot line: 100 feet.
(c) Rear lot line: 100 feet.
(4) Maximum structure height: 20 feet. (Note: Features of structures such as chimneys, towers,
spires and structures for electric power transmission and distribution lines may exceed the
maximum structure height requirement.)
(5) Maximum coverage for impervious surfaces (including structures): 5%.44
ARTICLE 5
Performance Standards
§ 250-5.1. Accessory dwelling units. The purpose of the provisions concerning accessory dwelling units is to provide a diversity of housing for town residents while protecting the rural character of the community. Accessory dwelling units may be utilized for rental purposes as well as in-law accommodations subject to the following requirements:
A. The accessory dwelling unit shall not exceed fifty (50%) percent of the floor area of the main dwelling unit. Floor area measurements shall not include unfinished attic, basement or cellar spaces, nor public hallways or other common areas.
B. An accessory dwelling or tiny home as defined in 29-A MRSA § 101(80-C), may be constructed or altered as a building for the primary purpose of creating an accessory dwelling unit, but notwithstanding the provisions of § 250-4.2(A)(8), the maximum number of dwelling units shall be two (2).
C. Accessory dwelling units shall not be permitted for any nonconforming structure or use where the nonconformity is due to the use of the premises, as opposed to nonconforming dimensional requirements.
§ 250-5.2. Access management. This section applies to new driveway and commercial entrances onto all roads maintained by the Town of Durham or in a legal subdivision or private way approved by the Planning Board and not under the jurisdiction of the Maine Department of Transportation.
A. Sight distance criteria:
(1) All entrances shall be so located such that vehicles approaching or using the entrance will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.
(2) Measurements to determine sight distance shall be made in the proposed entrance at a point 10 feet from the edge of shoulder line with the height of eye 3.5 feet above the pavement. The sight distance shall be computed from this point measuring along the roadway to a point where an approaching height of object 4.25 feet is first seen.
(3) Driveway placement shall be such that an exiting vehicle has an unobstructed sight distance according to the following schedule:
Highway Speed Minimum Sight Distance
(MPH) (feet)
25 200
30 250
35 305
40 360
45 425
50 49545
Highway Speed Minimum Sight Distance
(MPH) (feet)
55 570
60 645(4) The minimum allowable sight distances listed above for all accesses may require up to 50% greater sight distances when at least 30% of the traffic using the driveway will be larger vehicles. A "larger vehicle" is a vehicle that has a larger length, width or turning radius and/or lesser acceleration capability than standard passenger vehicles or small trucks. Larger vehicles include busses, commercial trucks, and recreational vehicles.
(5) Lots existing prior to the adoption of this chapter that cannot meet the minimum sight distance may be able to have one driveway entrance that shall be located where the best sight distance is available or at another location if approved by the Road Commissioner.
B. Geometry:
(1) The entrance shall be designed such that the grade within the right-of-way does not exceed three
(3%) percent.
(2) For uncurbed roads, the entrance shall in general slope away from the road surface at a rate of
not less than 1/4 inch per foot, nor more than one inch per foot for a distance of not less than the
prevailing width of the existing shoulder, but in no case less than four feet from the edge of
pavement.
(3) The driveway entrance should intersect the road at a horizontal angle of 90°, but shall in no case
be less than 75°.
(4) Radii for the edge of the driveway for ninety (90°) degree intersections shall be at least twenty-
five (25’) feet. Radii for less than ninety (90°) degree intersections shall be at least thirty (30’)
feet. The entrance shall not be located close to an intersection and should be back at least fifty
(50’) feet.
C. Drainage:
(1) The applicant must provide at his/her expense suitable and approved drainage structures at all
entrances.(2) Existing roadside drainage in gutter or ditch lines shall not be impeded by the applicant. The applicant shall be responsible for fixing any damage to existing roadside drainage in gutter or ditch lines.
(3) Driveway entrances shall be constructed so as not to block the flow of surface water from the highway or to cause surface water to pool or create puddles on or along the highway. Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.
(4) Property owners are responsible for the costs associated with the initial culvert placement in their driveway entrance. If a driveway culvert in the Town right-of-way is installed to the following specifications, the Town will accept all future maintenance and replacement responsibilities:
(a) The culvert size shall be no less than 15 inches diameter and 24 feet long unless otherwise approved by the Road Commissioner.
(b) The culvert may either be polyethylene smooth-walled pipe (ADS N-12® or approved equal) or made of aluminum, but in all cases must be approved by the Road Commissioner.
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(c) The culvert must have a clay check dam located at the inlet and outlet ends to prevent
water from piping through the stone and washing out the culvert.
(d) The driveway entrance width shall not exceed 60 feet and in all cases must be approved by
the Road Commissioner.
D. Construction:
(1) The applicant is responsible for the restoration of disturbed areas in the vicinity of the driveway
entrance, which are located within the limits of the right-of-way for a newly constructed or
reconstructed driveway or entrance way.
(2) Any portion of the driveway entrance which is located within the limits of the right-of-way shall
be constructed with at least 15 inches of gravel, which meet MDOT Type D specifications
(revision of December 2002 or latest revision).
(3) If the driveway is to be located on a paved road, then the entrance shall have a paved surface.(4) The maximum grade of a driveway newly constructed after the effective date of this Ordinance shall not exceed twelve (12 %) percent.
(5) Driveways shall be “box cut” to remove organic material and constructed of a minimum of 15” of gravel that meets MDOT type “D” specifications, Revision of December 2002. If the driveway is to be gravel surfaced it shall be crowned to a cross slope of one half (1/2) inch per foot (4%). If the driveway is to be asphalt surfaced it shall be crowned to a cross slope of one quarter (1/4) inch per foot (2%). Provisions shall be made for convenient and safe emergency vehicle access to all buildings and structures at all times. Driveway width shall be a minimum of twelve (12) feet and clearing on each side of the driveway shall allow for snow removal from the driveway. Driveways of eight hundred (800) feet or more shall have at least one turnout to allow for two- way traffic near the mid-point.
(6) Curves. Minimum center-line radii on curves shall be 125 feet. Minimum tangent length between reverse curves shall be 50 feet.
(7) In slopes, back slopes. Driveway in slopes and back slopes shall not be steeper than a slope of two horizontal to one vertical.
(8) The top or bottom of a cut or fill shall not be closer than 10 feet to a property line unless otherwise
mutually agreed to by the affected landowner and applicable Town board or official granting the
permit in question, but in no instance shall said cut or fill exceed a three-horizontal-to-one-vertical
slope. This section does not relieve a gravel pit operator from compliance with Article 17,
Extractive Industries and Gravel Pits.
(9) The driveway shall have an unobstructed vertical clearance of 13 feet six inches and horizontal
clearance of 20 feet, as required for emergency response vehicles.
E. Curb and sidewalk:
(1) When sidewalk or curb exists at the proposed entrance, the applicant shall remove and replace
such materials at the applicant's expense. Any granite curb to be removed by the applicant will
remain the property of the Town.
(2) Where curb exists, curb tip-downs shall be provided at each side of a new entrance.(3) Where sidewalk is removed to accommodate a new entrance, a new walk surface of equal-type construction is to be provided. The sidewalk area at all entrances is to meet handicap accessibility requirements and conform to the American with Disabilities Act guidelines. In general,
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sidewalks shall meet the following:
(a) The maximum sidewalk longitudinal transition slope is not to exceed one vertical to 12
horizontal (1:12).
(b) The maximum sidewalk cross-slope is not to exceed 2%.
(c) No abrupt changes in grade are permitted.
F. Soil erosion control. All driveway and commercial entrance construction shall comply with §
250-5.12, Erosion control, of this chapter.§ 250-5.3. Agriculture.
A. Manure storage, spreading, and disposal. All storage, spreading or disposal of manure shall conform to the recommendations outlined in a plan approved by a certified Maine nutrient management planner. If the operation does not meet the criteria for the development and implementation of a nutrient management plan, the operation shall comply with Maine Department of Agriculture, Conservation and Forestry, Manure Utilization Guidelines March 14, 2004.
B. Buffers from water bodies. Where soil is tilled in the Resource Protection District, an untilled filter buffer of natural vegetation shall be retained between the tilled ground and the normal high-water elevation of all adjacent water bodies and watercourses. The width of this buffer shall vary according to the average slope of the land as follows:
Average Slope of Land Between Tilled Land Width of Strip Between Tilled Land and Normal
and Normal High-Water Elevation (percent) High-Water Elevation
(feet along surface of the ground)
0% to 4% 30
5% to 9% 70
10% to 14% 90
15% and over 100
C. Control of runoff. Agricultural practices, including the creation of fire ponds, shall be conducted to
minimize soil erosion, sedimentation, contamination, and nutrient enrichment of groundwater and
surface waters. There shall be no direct discharge of field or pasture runoff into any watercourse or
pond. Measures should include, where appropriate:
(1) Diversions above cropland fields to reduce runoff water entering such fields.
(2) Terracing and/or strip-cropping on moderate or steep slopes over 8%.
(3) Crop rotation and cover crops to prevent soil erosion.
(4) Careful application of fertilizers in accordance with application rates and setbacks from sensitive
features as outlined in the farmer's nutrient management plan or the Department of Agriculture,
Conservation and Forestry's Manure Utilization Guidelines, as applicable.
(5) Careful application of pesticides pursuant to regulations of the Maine Pesticides Control Board.§ 250-5.4. Air emissions. No emission of dust, ash, smoke or other particulate matter, or of gases and chemicals shall be allowed which can cause damage to human or animal health, vegetation, or property by reason of concentration or toxicity, which can cause soiling beyond the property boundaries, or which fail to meet or cannot meet the air emission standards set by the Maine Department of Environmental Protection which were in effect at the time of adoption of this chapter.
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§ 250-5.5. Animal husbandry.
Animal husbandry shall be conducted according to the Acceptable Agricultural Practices as established and determined by the Maine Department of Agriculture.
§ 250-5.6. Automobile graveyards and junkyards.
A. No motor vehicles or material in an automobile graveyard (as regulated under 30-A M.R.S.A. § 3751 et seq.) shall be located on a sand and gravel aquifer, or on an aquifer recharge area, as mapped by the Maine Geological Survey.
B. No motor vehicles or material in an automobile graveyard shall be located within the 100-year floodplain, as identified in Article 15, Floodplain Management; see § 250-15.1F.
C. A well-constructed and properly maintained visual buffer strip at a minimum height of six feet shall screen from ordinary view from any public way or abutting property the area of the property upon which are located junked automobiles or other materials which cause the property to qualify as a "junkyard" under 30-A M.R.S.A. § 3752, Subdivision 4. The visual buffer shall be so positioned on the property, and be of such height so as to achieve, in the opinion of the Select Board, the most effective screening possible given the topography of the site of the junkyard or automobile graveyard.
D. No motor vehicles or material shall be stored in an automobile graveyard or junkyard within 500 feet of any dwelling, school, public building, public playground, church, or cemetery, with the exception of a dwelling used as the home of the owner of the automobile graveyard or junkyard, and located on the same lot with it.
E. No motor vehicles or materials shall be stored in an automobile graveyard or junkyard within 300 feet of any water body.
F. Operational considerations. Each automobile graveyard or junkyard shall, upon receiving a motor vehicle, remove the battery and engine coolant, placing the coolant in watertight, covered containers. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.
§ 250-5.7. Back lots.
Back lots may be developed although they lack the required frontage on a road if the development is in accordance with the following provisions:
A. A back lot access may be used to create legal access without the required road frontage for one
single back lot if the following conditions are met:
(1) The access must be deeded in fee or by easement to the owner of the back lot and be a minimum
of fifty (50’) feet in width.
(2) Creation of the access to serve the back lot shall not be on a lot with less than three hundred and
fifty (350’) feet of road frontage nor create a nonconforming front lot by reducing the front lot’s
road frontage below the minimum. The land over which the back lot access is created by deed
or by easement may not be counted toward meeting road frontage or area requirements for the
front lot.
(3) No more than one back lot access may be created on any lot unless each subsequent access is
created out of an additional three hundred and fifty (350’) feet of road frontage, and the access49
entrances are at least six hundred (600’) feet apart.
(4) The back lot shall have a minimum of five (5) acres.
(5) The back lot access driveway shall be required to be sixteen (16’) feet wide with fifteen (15”) inches of base gravel and three (3”) inches of surface gravel. One driveway turnout shall be provided for every two hundred (200’) feet of driveway length. The driveway shall have appropriate drainage, and a turnaround adequate to serve public safety vehicles shall be constructed at the end of the back lot driveway.
§ 250-5.8. Battery energy storage systems. [Added 4-5-2025] A. Purpose.
(1) The purpose of this section is to advance and protect the public health, safety, welfare, and quality of life by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
(a) To provide a regulatory scheme for the location, construction and operation of battery energy storage systems consistent with best practices and safety protocols;
(b) To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems and to mitigate any potential impacts on abutting and nearby properties; and
(c) To mitigate the impacts of battery energy storage systems on environmental resources such as agricultural lands, forests, wildlife, wetlands and other natural resources.
(2) This section shall be construed to be consistent with state law and state regulations, including but not limited to the provisions of the Maine Uniform Building and Energy Code and the International Fire Code (IFC). In the event of any conflict between the provisions of this section and the provisions of state law or regulations, the state law and regulations shall prevail.
B. Applicability.
(1) The requirements of this chapter shall apply to battery energy storage systems permitted, installed, decommissioned or modified after the effective date of this amendment, excluding general maintenance and repair. Battery energy storage systems (BESS) subject to this chapter are only those that exceed seventy-kilowatt-hour (70 kWh). BESS facilities that do not exceed the seventy-kilowatt-hour (70 kWh) threshold are exempt from the requirements of this chapter and are permitted by right in all zoning districts.
(2) A battery energy storage system that is subject to this chapter is classified as a Tier 1, Tier 2 or Tier 3 battery energy storage system as follows:
(a) Tier 1. Small-scale residential and commercial battery energy storage systems have an aggregate energy capacity of less than one-half megawatt-hour (0.5 MWh) and, if in a room or enclosed area, consist of only a single energy storage system technology.
(b) Tier 2. Medium-scale commercial battery energy storage systems have an aggregate energy capacity equal to or greater than one-half megawatt-hour (0.5 MWh) but less than one megawatt-hour (1MWh) or are comprised of more than one storage battery technology in a room or enclosed area.
(c) Tier 3. Large-scale commercial and industrial battery energy storage systems have an aggregate energy capacity greater than one megawatt-hour (1 MWh) or are comprised of more than one storage battery technology in a room or enclosed area.
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C. General requirements.
(1) All permits required by state codes, including but not limited to a building permit, an electrical
permit, and a fire department permit, shall be required for installation of all battery energy
storage systems.
(2) All battery energy storage systems, all dedicated-use buildings, and all other buildings or
structures that contain or are otherwise associated with a battery energy storage system and are
subject to the requirements of the Maine Uniform Building and Energy Code shall be designed,
erected, and installed in accordance with all applicable provisions of the Maine Uniform
Building and Energy Code. All battery energy storage systems shall comply with NFPA 855,
Standard for the Installation of Stationary Energy Storage Systems.
(3) Energy storage system capacities, including array capacity and separation, are limited to the
thresholds contained in NFPA 855.
(4) All battery energy storage system components and connections shall meet or exceed the
following minimum standards:
(a) Overall installation: NFPA 70, 855, IFC, UL 9540, IEEE C2.
(b) Battery rack: UL 9540A.
(c) Cell/battery: UL 1642, 1973, and 9540A.
(d) Fire/gas detection: IFC, NFPA 72 and 855.
(e) Fire/explosion protection: IFC, NFPA 13, 15, 68, 69, and 855.
(f) Communications/battery management system: UL 1741 and 9540, CSA C22.2 No. 340-
201, IEEE 2686 and 2688.
(g) Power conversion system: UL 1741.
(h) Interconnection: IEEE 1547 and 2800.
D. Permitting requirements for Tier 1 and Tier 2 battery energy storage systems.
(1) Tier 1 battery energy storage systems are allowed by right in all zoning districts, subject to
applicable provisions of the Maine Uniform Building and Energy Code and other applicable
codes.(2) Tier 2 battery energy storage systems located outside a building are subject to applicable provisions of the Maine Uniform Building and Energy Code and other applicable codes, and the site plan review requirements of Article 8, and the standards of Subsection F of this section.
E. Permitting requirements for Tier 3 battery energy storage systems. Tier 3 BESS shall meet the following minimum requirements unless otherwise specified in a contract zoning agreement:
(1) Utility connections. All utility connections, including associated equipment and utility equipment, shall be placed underground or pad-mounted, unless soil conditions, shape, or topography of the site as verified by the Town's consulting engineer and utility provider dictate aboveground installation. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.
(2) Signage. Signage shall comply with the requirements of § 250-5.24 of this chapter and the following additional requirements; in the event of a conflict between the provisions of § 250-5.24 and this section, the requirements of this section shall prevail.
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(a) The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
(b) As required by the State Electrical Code, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(c) Signage compliant with ANSI Z535 shall be provided on doors to rooms, entrances to BESS facilities, and on BESS outdoor containers.
(3) Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety, security and operational purposes and shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded to eliminate glare from abutting properties, shall be directed downward, and shall incorporate cutoff fixtures to reduce light pollution.
(4) Vegetation and tree cutting. Areas within 30 feet on each side of battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(5) Setbacks.
(a) Battery energy storage systems shall be set back a minimum of 100 feet from all side, rear, and front lot lines. Required vegetative buffers can be located within the 100-foot setback.
(b) Access drives and parking are allowed in the setback areas but shall not intrude into the required buffer areas except where necessary to provide access or egress to the property.
(6) Fencing requirements. Battery energy storage systems, including all mechanical equipment, shall be enclosed by a minimum eight-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building. Security barriers, fences, landscaping, and other enclosures must not inhibit required air flow to or exhaust from the BESS and components. Electrical equipment greater than 1,000 V require a separate and additional means to restrict access. NFPA 855 requires specialty safety systems to be provided based on the BESS chemistry and installed location.
(7) A visual impact assessment prepared by a licensed landscape architect, addressing potential view impacts on public roads and neighboring properties, with proposed buffering treatments meeting the requirements of Subsection E(8).
(8) Screening and visibility. A vegetated buffer shall be required around the battery energy storage system, consisting of a landscaped strip at least 50 feet wide measured from each boundary line of the BESS project site around the entire perimeter, except for any parts of the perimeter that have an equivalent existing natural buffer or are determined to be unnecessary per the visual impact assessment. The BESS project site shall be landscaped and maintained with a buffer of plant materials that are mature enough to effectively screen the view to eight feet above ground level of the BESS facility components from adjacent properties all year round. Noninvasive plant species, pollinator-friendly and wildlife-friendly native plants, shrubs and trees shall be used. When a buffer is not required based on the results of a view analysis, buffer requirements may be reduced or eliminated, especially when the adjoining property is subject to an active agricultural use and the reduction or elimination is approved by the Planning Board.
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(9) Noise: An acoustic study shall be provided in order to ensure that sound generated by the BESS project complies with § 250-5.19.
(10) The access driveway shall be required to be 20 feet wide with 12 inches of aggregate subbase, six inches of aggregate base, and drainage as shown in Appendix 1, Section 1.3, Figure 3, of this chapter; however, no shoulders or pavement is required. Access gates erected on-site should be at least 12 feet wide, accessible via Durham Fire Department Knox Box®. Access to all four sides of each enclosure shall satisfy the needs of the Fire Department per the emergency operations plan.
(11) Battery storage. Failed battery cells and modules shall not be stored on the site and shall be removed no later than 30 days after deemed failed by the BESS operator or cell/module manufacturer. The operator shall notify the Durham Fire Department in advance if the type of battery or batteries used on-site is to be changed.
(12) Decommissioning plan. The applicant shall submit with its application a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the facility. The owner or operator of the BESS shall notify the Code Enforcement Officer, in writing, at least 20 days prior to when a BESS will be decommissioned. Decommissioning of an abandoned or discontinued BESS shall be completed within six months after the facility ceases operation. The decommissioning plan shall include:
(a) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(c) The anticipated life of the battery energy storage system;
(d) The estimated decommissioning costs and how said estimate was determined;
(e) The method of ensuring that funds will be available for decommissioning and restoration;
(f) The method by which the decommissioning cost will be kept current. The fund must be reviewed and updated every five years to account for inflation or changes in decommissioning costs;
(g) The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(h) A listing of any contingencies for removing an intact operational energy storage system from service and for removing an energy storage system from service that has been damaged by a fire or other event.
(13) Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or other surety acceptable to the Town, in a form approved by the Planning Board and Town Attorney, for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
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(14) Proof of liability insurance. The applicant or property owner shall provide evidence of commercial liability insurance in an amount and type generally acceptable in the industry prior to the issuance of a building permit and shall continue such insurance in effect until such facility has been decommissioned, removed, and the site restored in accordance with this chapter.
F. Site plan application. For a Tier 2 or Tier 3 battery energy storage system, the site plan application shall include the following information, in addition to that required by Article 8 of this chapter:
(1) A three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all State Electrical Code-compliant disconnects and overcurrent devices.
(2) A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building or other permits.
(3) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(4) Large-scale fire test data, evaluation information, calculations, and modeling data. For any of the following, UL 9540A fire test data must be made available to the Planning Board and Fire Department for review: BESS systems with a capacity of greater than 50 kWh and BESS systems with spacing between arrays of less than three feet.
(5) Safety data sheet (SDS) that addresses response safety concerns and extinguishment.
(6) Commissioning plan. The system installer or commissioning agent shall prepare a commissioning plan prior to the start of commissioning. Such plan shall be compliant with NFPA 855 and document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable state codes. Where commissioning is required by the Building Code, battery energy storage system commissioning shall be conducted by a Maine licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required by applicable state codes shall be provided to the Code Enforcement Officer and the Durham Fire Department prior to final inspection and approval and maintained at an approved, on-site location.
(7) Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with state codes, including documentation that BESS components comply with the safety standards set forth in Subsection H of this section.
(8) Operation and maintenance plan. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in state codes and NFPA
855. Maintenance provisions will be driven by manufacturer requirements for the specific listed system. A permanent copy shall also be placed in an approved location to be accessible to facility personnel and a copy shall be provided to the Code Enforcement Officer and Fire Chief.
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(9) Depending on the location of the BESS in relation to and its interaction with the electrical grid,
system interconnections into utility grids shall be in accordance with NFPA 855.(10) Prior to the issuance of the building permit, engineering documents must be signed and sealed by a Maine licensed professional engineer.
(11) Emergency operations plan. An emergency operations plan compliant with NFPA 855 is required. A copy of the emergency operations plan approved by the Durham Fire Chief shall be given to the system owner, the local Fire Department, and local code enforcement official. For so long as the BESS is operational, the operator shall provide the Fire Department, Code Enforcement Officer, and Town Manager's office with contact information for personnel that can be reached 24 hours per day every day, and this contact information shall be updated by the operator whenever there is a change in the information. The operator shall also be required to have an official representative present on-site not later than two hours after notification by the Fire Chief or their designee. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a) Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions.
(b) Procedures for inspection and testing of associated alarms, interlocks, and controls, including time intervals for inspection and testing.
(c) Procedures to be followed in response to notifications from the battery energy storage management system (BESMS), when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed-upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
(d) Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de- energizing equipment, and controlling and extinguishing the fire.
(e) Response considerations like a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(f) All Tier 3 battery energy storage systems must provide an adequate fire protection water supply to ensure efficient emergency response. The system must include multiple hydrant connection points strategically placed to address concerns about wind direction and ensure adequate water coverage for the entire BESS compound. Hydrants must be located so that no part of the facility is more than 1,000 feet from a connection point. The water supply system must have sufficient capacity and pressure to meet the needs of potential fire suppression activities as determined by the Fire Chief.
(g) Procedures for safe disposal of battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment and any affected soils from the facility.
(h) Other procedures as determined necessary by the Fire Chief to provide for the safety of occupants, neighboring properties, and emergency responders.
(i) Procedures and schedules for conducting drills of these procedures and for training local
55first responders on the contents of the plan and appropriate response procedures.
(12) Yearly site inspection plan. Such plan shall specify that a yearly site plan is conducted by a Maine licensed professional engineer retained by the operator of the facility to document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable safety codes. A copy of the engineer's annual inspection report shall be provided to the Code Enforcement Officer and Fire Chief.
G. Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Code Enforcement Officer of such change in ownership or operator within 14 days of the ownership change. A new owner or operator must provide such notification to the Code Enforcement Officer, in writing, and meet with any permitting authority from which the original applicant received a permit.
H. Safety.
(1) System certification. Battery energy storage systems and equipment shall be listed by a
nationally recognized testing laboratory to UL 9540 (Standard for Battery Energy Storage
Systems and Equipment) or approved equivalent, with subcomponents meeting each of the
following standards, as applicable:
(a) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light
Electric Rail Applications);
(b) UL 1642 (Standard for Lithium Batteries);
(c) UL 1741 or UL 62109 (Inverters and Power Converters);
(d) Certified under the applicable electrical, building, and fire prevention codes as required;
(e) Alternatively, field evaluation by an approved testing laboratory for compliance with UL
9540 (or approved equivalent) and applicable codes, regulations and safety standards may
be used to meet system certification requirements.
(2) Site access. Battery energy storage systems shall be maintained in good working order and in
accordance with industry standards. Site access shall be maintained, including snow removal, at
a level acceptable to the local Fire Department.(3) Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.
(4) Yearly site inspection. A yearly inspection shall be conducted by a Maine licensed professional engineer per the yearly site inspection plan. A corrective action plan shall be developed for any open or continuing issues that are reported. A report describing the results of the site inspection and corrective action plan shall be provided to the Durham Fire Department, Code Enforcement Officer and Town Manager's office.
I. Abandonment. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than 90 days. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, after compliance with any applicable state and federal constitutional requirements, enter the property and utilize the available bond and/or security for the removal of a Tier 2 BESS or Tier 3 and restoration of the site in accordance with the decommissioning plan.
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§ 250-5.9. Campgrounds.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following standards (in cases of possible conflict, the stricter shall apply):
A. A campground must be constructed on at least 20 acres of land and all camping units or structures shall be located at least 100 feet from any property line and at least 400 feet from any residence (except residences belonging to the campground owners).
B. Campsites (i.e., sites where tents or recreational vehicles (RVs) are placed) shall be laid out and screened in such a manner that none are within view from public roads, navigable rivers, existing residences (including from the second-floor windows thereof) or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms, or solid fencing may be used to achieve this screening standard when campsites would otherwise be visible from the locations described above.
C. Campsites, roads and associated facilities shall not cover more than 20% of the land allocated to the campground.
D. The area intended for placement of the recreational vehicle, tent, or shelter and utility service buildings shall be set back a minimum of 250 feet from the normal high-water mark of any pond or river.
E. Campsites intended for placement of a recreational vehicle, tent shelter or structure for human use will not be permitted in a Resource Protection Zone. Notwithstanding the use limitations of Article 4, a campground may conduct nonintensive recreation, primitive recreation, open space uses in Resource Protection Districts.
F. A campground shall provide water and sewerage systems, sanitary stations, and convenience facilities in accordance with the regulations of the State Plumbing Code and the State of Maine Department of Health and Human Services.
G. A time limit is placed on the occupancy of any one camping space on a continuing basis as follows: 12 weeks for the period May 15 to October 15 of each year, and two weeks for all other times. Only camping units such as defined herein (plus a towing vehicle) shall be permitted within any camper park, temporarily or otherwise.
§ 250-5.10. Cemeteries.
There shall be no construction or excavation done within a twenty-five-foot zone around burial sites and from all boundaries of an established graveyard unless the construction or excavation is pursuant to a lawful order or permit for the relocation of bodies or when necessary for the construction of a public improvement, as approved by a vote of Town Meeting or, in the case of a state highway, by the Commissioner of Transportation.
§ 250-5.11. Construction and plumbing standards. All construction must meet the standards of the following, if applicable, and as hereafter amended:
A. National Electrical Code (as required by state law at the time of construction).
B. Code for Safety to Life in Buildings and Structures (as required by state law at the time of
construction).
C. The Maine Uniform Building and Energy Code (MUBEC) (as required by state law at the time of
construction).57
D. The Maine State Plumbing Code (as required by state law at the time of construction).
§ 250-5.12. Erosion control.
Erosion of soil and sedimentation of any watercourses and water bodies shall be minimized by the following erosion control management practices:
A. The stripping of vegetation, removal of soil, regrading or other development of the site shall be accompanied by limiting the duration of exposure and area of the site to be disturbed. Dust-control methods shall be employed during dry conditions.
B. Temporary vegetation, mulching, and/or siltation fabrics shall be used to protect critical areas during the development. Critical areas shall include all watercourses, water bodies, wetlands, and any areas of fragile vegetation which is listed on any federal or state endangered species list, and areas within 250 feet thereof. Sedimentation of runoff waters shall be trapped by debris basins, silt traps, sediment basins or other methods certified as acceptable by a licensed soil scientist or licensed professional engineer.
C. Permanent vegetation and/or other erosion control measures should be installed prior to completion of the construction, but no later than six months after completion of the construction.
D. The top or bottom of a cut or fill shall not be closer than 10 feet to a property line unless otherwise mutually agreed to by the affected landowner and applicable Town board or official granting the permit in question, but in no instance shall said cut or fill exceed a three-to-one (3:1) slope. This section does not relieve a gravel pit operator from compliance with Article 17, Extractive Industries and Gravel Pits.
§ 250-5.13. Explosive materials. No flammable, explosive or combustible liquids, solids or gases shall be stored in "bulk" (defined as greater than the liquid equivalent of 200 gallons aboveground unless they are located at least 75 feet from any lot line, or in bulk stored belowground unless they are located at least 40 feet from any lot line, and all such materials shall be stored in a manner and location which is in compliance with the rules and regulations of the Maine Department of Environmental Protection, rules and regulations of the Maine Department of Public Safety, and any other applicable federal state and local regulations then in effect. This provision shall not apply to storage tanks for heating fuel located in basement areas of residential structures.
§ 250-5.14. Groundwater extraction.
A. The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table beyond the property lines, cause undesirable changes in groundwater flow patterns, or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in 10 years.
B. The proposed facility shall not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.
C. The proposed facility is not within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Planning Board has considered any information supplied by the operator and finds that no adverse effect on a public water supply will result.
D. The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Code Enforcement Officer or a designee.
E. Nothing in this procedure, and no decision by the Planning Board, shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.
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§ 250-5.15. Historic resources. [Amended 4-5-2025]
A. Historic resources. The following structures and places (hereafter referred to as "historic resources"
for the purposes of this section and Article 12) are deemed to have historic value and shall be subject
to further review as set forth in Subsection B, below:
(1) Stone walls, granite posts, abutments or markers that are known to be more than 100 years of
age;
(2) Cemetery and grave markers;
(3) Any building constructed for the purpose of a church or school and that is more than 100 years
old;
(4) Any structure or site listed on or deemed eligible by the Maine Historic Preservation
Commission for listing on the National Register of Historic Places.B. Applicability. Any application relating to a structure or place deemed by the applicable reviewing authority be a historic resource identified in Subsection A above shall be subject to advisory review by the Historic Commission in accordance with Article 12 and final review by the permitting authority in accordance with the standards set forth in Subsection C of this section. The applicable reviewing authority for the project as set forth in the Table of Land Uses shall have the final determination as to compliance with the historic preservation standards set forth in this section. This section shall not apply where the project does not involve a change in the design, material or appearance of the structure or the construction or alteration of another structure on the same lot as the historic resource.
C. Standards. The standards and requirements contained in this subsection shall be reviewed in an advisory capacity by the Historic Commission and applied by the permitting authority in review of applications governed by this § 250-5.15. Exterior design considerations and structural factors related to maintaining historic structures in good condition shall be the Commission's and reviewing authority's primary areas of focus.
(1) Construction, reconstruction, alterations and maintenance: The exterior of a historic resource or any appurtenance related to such structures, including but not limited to walls, fences, light fixtures, steps, paving and signs, shall not be reconstructed, altered or maintained, and no permit shall be issued for such actions, unless they will preserve or enhance its historical and architectural character.
(2) Visual compatibility: All new construction, renovations or improvements on, connected with, or on the same lot as a historic resource shall be visually related to the historic resource generally in terms of the following factors:
(a) Height: The height of proposed buildings shall be compatible with adjacent buildings.
(b) Proportion of building's front façade: The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings, structures and open spaces where it is visually related.
(c) Proportion of openings within the façade: The relationship of the width of the windows to the height of windows and doors in a building shall be visually compatible with that of windows and doors of buildings to which the building is visually related. The window proportions (height versus width) shall be visually compatible with those of other windows in the same building and in other adjacent historic buildings of the same period. In the case of large, plate-glass display windows on a ground floor, the large surface of glass can be divided into a number of smaller panes consistent with shop-front windows of the historical period which the building represents or, in the case of new buildings, compatible with the window size of adjacent historic buildings, where appropriate. Also, the ratio of window area to solid wall shall be similar to those on surrounding facades. Rhythms which carry throughout the block should be incorporated into new facades. Windowpane sizes and proportions should be contemporary with the building.
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(d) Rhythm of solids to voids in front facades: The relationship of solids to voids in the front facade of a building shall be visually compatible with that of the buildings to which it is visually related.
(e) Rhythm of spacing of buildings on roads: The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with that prevailing in the area to which it is visually related.
(f) Rhythm of entrance and/or porch projection: The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible with that of buildings to which it is visually related.
(g) Roof shapes: The roof shape of a building shall be visually compatible with that of the buildings to which it is visually related. The roof pitch employed on new buildings shall be similar to those found on adjacent buildings. If a gable-type roof, its orientation to the road shall be the same as in neighboring buildings. Roofing materials shall be consistent with that of adjacent structures in color, type, material or a compatible substitute which is historically accurate.
(h) Directional expression of front elevation: A building shall be visually compatible with the building, squares and places to which it is visually related in its directional character, whether this shall be vertical character, horizontal character or nondirectional character.
(i) Details: All existing architectural details shall be maintained to the fullest extent practicable. When removal is unavoidable, replacement with similar features shall be encouraged. Although exact replication is often not possible or economically feasible, a simpler feature made of traditional materials can be appropriate. Poor or cheap imitations made of synthetic material shall be avoided, especially when not in scale or in the same architectural tradition. Details may include cornices; frames and moldings around windows, doors and building corners; lintels; arches; wrought-iron work; chimneys, etc.
(3) Additional standards: In addition to the criteria set forth in Subsection C(1) and (2). above, the following standards shall be adhered to for all construction, renovations, and alterations of a historic resource:
(a) Every reasonable effort shall be made to provide a compatible use which will require minimum alteration to the structure and its environment.
(b) Rehabilitation work shall not destroy the distinguishing qualities nor character of the structure and its environment. The removal or alteration of any historic material or architectural features should be held to a minimum.
(c) Deteriorated architectural features which are deemed to be historically appropriate should be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings.
(d) Distinctive stylistic features or examples of skilled craftsmanship which characterize historic structures and often predate the mass production of building materials shall be treated with sensitivity.
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(e) Changes which may have taken place in the course of time are evidence of the history and development of the structure and its environment, and these changes shall be recognized and respected.
(f) All structures shall be recognized as products of their own time. Alterations to create an earlier appearance shall be discouraged.
(g) Contemporary design for additions to existing structures shall be encouraged if such design is compatible with the size, scale, material and character of the neighborhood, structures or its environment.
(h) Wherever possible, new additions or alterations to structures shall be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.
(4) Standards for demolition or relocation of a historic resource:
(a) Any historic resource shall not be moved unless the property owner can demonstrate that
it is incapable of earning an economic return on its value in its present location.
(b) A historic resource shall not be demolished unless it is deemed to be structurally unsound
by a licensed structural engineer or the Code Enforcement Officer.
(c) Presentation of the application to the Historic Commission shall be delayed to allow
additional posting and notice as follows:
[1] The applicant shall post prominent notices on or around the structure, legible from a
passing automobile, with the words "To be [Demolished or Moved]" legible from a
passing automobile.
[2] In addition, notice shall be published in a newspaper of general local circulation not
less than 12 days prior to the date upon which the Historic Commission will consider
the application.
[3] The applicant shall bear the responsibility and cost of posting and publishing notice
as required.
(d) Relocation or demolition of a historic resource shall be approved only if the reviewing
authority finds that there are no reasonable alternatives to the proposed relocation or
demolition that would preserve the historic resource to a greater extent. These alternatives
may include but are not limited to sale to a historic preservation organization if the
organization has expressed interest in buying the property at a reasonable price.
(e) Where relocation or demolition of the historic resource is permitted by the reviewing
authority, the Commission shall make a photographic survey of the structure(s) to be
relocated or demolished, for inclusion into the historical record.
(5) Waiver in exceptional circumstances:(a) The standards set forth in this subsection may be waived if the reviewing authority determines that strict compliance with the standards would result in undue hardship to the owner of the property. Before the reviewing authority may issue a waiver, the reviewing authority must find as follows: [1] The property cannot yield a reasonable economic return or the owner cannot make any reasonable use of the property; [2] The plight of the owner is due to exceptional or unique circumstances and not to the general applicability of this chapter; and [3] The conditions or circumstances which constitute the hardship were not caused or created simply by the structure's designation as a historic resource in accordance with this section.
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(b) For purposes of this Subsection C(5), inability to yield a "reasonable economic return" shall not be construed to mean a "maximum reasonable use" and shall not be construed to mean the highest and best use. mean that the cost of compliance with this section will exceed the amount by which the work is anticipated to increase the value of the property.
§ 250-5.16. Home-based business.
A. A home-based business shall be allowed if it meets the definitional requirements for such occupations
found in this chapter and complies with all of the requirements of this section and will, if it so
complies, not require a conditional use permit. If the home-based business does not meet all of said
requirements as determined in a required review by the Code Enforcement Officer, then a conditional
use permit shall be required.
B. The use of a dwelling unit for a home occupation shall clearly be incidental and subordinate to its use
for residential purposes.
C. A home occupation may not alter the residential character of the structure or change the character of
the lot from its principal use as a residence.
D. The home occupation shall be carried on within the principal structure or an accessory structure. The
outside storage or display of materials or products shall be screened from view from the abutting
properties and road.
E. The sale of products shall be limited to those which are crafted, assembled, or substantially altered on
the premises; to catalog items ordered off the premises by customers; and to items which are accessory
and incidental to a service which is provided on the premises.
F. No traffic shall be generated which would in the aggregate add 20 trips to and from the lot per day by
those engaged in the home-based business or those coming to do business there.
G. Adequate off-street parking shall be provided, which shall consist of a space for the vehicles of each
worker and a space for the vehicles of the maximum number of users the home-based business may
attract during peak operating hours.
H. The home-based business shall not utilize more than 30% of the total floor area of the dwelling unit.
I. Not more than one full-time employee or equivalent, outside the family, shall work on the premises.§ 250-5.17. Landscaping. The landscape shall be preserved in its natural state insofar as possible when constructing buildings and accessory structures, parking lots, and drives or roadways, by minimizing tree removal and grade changes. Landscaping shall be designed to soften, screen, or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses.
§ 250-5.18. Manufactured housing and mobile homes.
Manufactured housing is allowed on any lot where a single-family home is permitted subject to the
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following requirements:
A. The Maine State Plumbing Code.
B. All manufactured housing shall have a pitched roof with a minimum pitch of two (2”) inches in height
for every twelve (12”) inches of horizontal movement.
C. Shall have exterior siding which is residential in appearance.
D. Shall be placed on a permanent foundation in compliance with the Maine Uniform Building and
Energy Code (MUBEC) or the foundation standards of the Maine Manufactured Housing Board.E. Notwithstanding the requirements in the preceding sentences, any manufactured housing or mobile home which was legally sited within the Town as of August 4, 1988 may be replaced on any lot within said Town even though it may not meet the foregoing design criteria.
F. Any such relocated manufactured housing or mobile home must still comply with the State of Maine Plumbing Code as well as any zoning requirements applicable to other types of single-family dwellings.
§ 250-5.19. Noise limits.
A. The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity shall be limited by the time period and land use which it abuts listed below. Sound levels shall be measured at least four feet above ground at the property boundary of the source.
Sound Pressure Level Limits Using the Sound Equivalent Level of One Minute (leg 1)
(Measured in dB(a) Scale)
7:00 a.m. to 7:00 p.m. 7:00 p.m. to 7:00 a.m.
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B. Noise shall be measured by a meter set on the A-weighted response scale, fast response. The meter
shall meet the American National Standards Institute (ANSI S1.4-1961) "American Standard
Specification for General Purpose Sound Level Meters."
C. No person shall engage in construction activities on a site abutting any residential use between the
hours of 9:00 p.m. and 6:30 a.m.
D. The following activities shall be exempt from these regulations: sounds emanating from:
(1) Safety signals;
(2) Warning devices;
(3) Emergency pressure relief valves; and
(4) Other emergency activities.§ 250-5.20. Odor emissions.
No person, wherever located, shall cause or allow the emission of odorous air contaminants from any source such as to result in detectable odors at the lot line of the source which are measured in excess of the following limits:
A. For areas used for residential or commercial purposes within 500 feet of the lot line of the source, it
63is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air.
B. In all other land areas, it is a violation if odors are detected after the odorous air has been diluted with
15 or more volumes of odor-free air.C. For the purposes of this regulation, two odor measurements shall be made within a period of one hour, these measurements being separated by at least 15 minutes. These measurements shall be made outside the property line of the property from which the emission originates.
D. The Barnebey-Cheney Scentometer, suitably calibrated, or any other instrument, device, or technique equivalent may be used in the determination of the intensity of an odor and may be used as a guide in the enforcement of the performance standard.
§ 250-5.21. Recreational facilities.
All recreational facilities shall meet the provisions below:
A. There shall be provided adequate off-street parking for the anticipated maximum attendance at any
event.
B. Containers and facilities for rubbish collection and removal shall be provided.
C. Adequate screening, buffer area, or landscape provisions shall be built, planted, or maintained to
protect adjacent residences from adverse noise, light, dust, smoke and visual impact.§ 250-5.22. Restaurants; food service; takeout stands.
A. The application for a conditional use permit shall state the maximum seating capacity (if any) of the
restaurant. Any expansion or enlargement over the stated capacity shall require a permit.
B. All proposed subsurface disposal systems shall meet the Maine State Subsurface Wastewater Disposal
Rules.
C. All parking and loading facilities shall be located to the side or rear of the building and shall be
screened from abutting residences or those within 200 feet. Screening shall be comprised of a
continuous landscaped area not less than eight feet in width, containing evergreen shrubs, trees, fences,
walls, berms, or any combination forming a visual barrier not less than six feet in height.
D. Restroom facilities for the patrons shall be provided on the premises (except for takeout stands).§ 250-5.23. Private Ways.
A. The Town shall not accept for public maintenance any private road or way that is not built to the standards of Appendix 1. Acceptance of any private road for public maintenance requires a vote of approval at Town Meeting.
B. Any person or persons, prior to developing a private road or way to provide access to two or more lots that are not part of a legal subdivision or extending an existing private road or way which will thereafter serve two or more lots that are not part of a legal subdivision shall be required to seek and obtain approval for a private way plan meeting the requirements of this Section.
C. A plan of the private way shall be prepared by a surveyor along with a cross section and drainage plan prepared by an engineer. The plan shall be labeled “Plan of Private Way” and shall provide an approval block for the signatures of the Planning Board. The plan shall delineate the proposed private way and each of the lots to be served by the private way. The plan shall be recorded in the Androscoggin Registry of Deeds.
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(1) The private way plan shall bear notes:
(a) The Town of Durham will not be responsible for the maintenance, repair, or plowing of the private way; and,
(b) Further lot divisions utilizing the private way are prohibited without prior approval of the Planning Board.
(2) A maintenance agreement meeting the requirements of subsections D. and E. below shall be recorded in the Androscoggin County Registry of Deeds. The maintenance agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of the private way.
(3) No building permit for new lots served by the private way shall be issued until the requirements of this Ordinance have been met.
(4) The right-of-way and road must be built or brought up to subdivision road standards as found in Appendix 1. Section 1.3 of this Ordinance with the exception of paving.
D. Applicants for private way approval shall submit for the approval of the Planning Board a maintenance agreement to be executed by the owners of the lots using the private way, in registry recordable form, which agreement provides for the obligations of each lot owner with respect to the maintenance, repair and snow plowing of such private way.
E. The maintenance agreement shall also include:
(1) A detailed statement of how the ownership interests in the private way will be structured (i.e., whether ownership will be single or joint, whether lot owners will own the fee or have easements, etc.).
(2) A statement that in the event any of the lots shown on the plan are divided or in the event any remaining land of the declarant is subsequently divided into lots which are served by the private way, then such resulting lot or lots shall become subject to the maintenance agreement and to any modifications to the maintenance agreement advisable to adjust the duties and responsibilities equitably among the owners of all the lots served by the private way.
(3) An acknowledgment by the declarant and any other persons signing the maintenance agreement that the Town of Durham is not responsible for the construction, maintenance, repair or plowing of the private way.
(4) A statement that the duties and obligations imposed by the maintenance agreement run with the land and shall be transferred to purchasers or other transferees of any portion of the real estate subject to the maintenance agreement and that, upon such transfer, the Planning Board shall be notified, in writing, and provided with a copy of any changes or amendments to the maintenance agreement.
(5) A requirement that the maintenance agreement be referenced in all deeds to any lots served by the private way.
(6) If the private way subject to the maintenance agreement is an extension of an existing private way, a statement that the applicant for private way approval has contacted the owners of such lots, has offered them the opportunity to make their properties subject to the maintenance agreement and that they have either accepted or declined that offer, and that the declarant has submitted to the Code Enforcement Officer a notarized affidavit confirming the declarant's compliance with this subsection.
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(7) An agreement which permits the other signatories of the maintenance agreement to place a lien on the property of any signatory who has not paid the share of expenses allocated to them in the amount of the unpaid assessment for costs for the private way.
(8) Upon approval of the agreement the person or persons submitting the agreement shall record it in the Androscoggin County Registry of Deeds so that the obligations therein shall be covenants that run with the land. No building permit or other approval required by this chapter for the dwelling units or structure to be served by such private way shall be issued or approved unless this provision has been complied with.
§ 250-5.24. Signage.
A. No sign shall be illuminated with flashing, moving or animated-type lights.
B. No sign advertising goods or services shall be located off the site of the lot on which the related
services or goods are to be sold or located, except as provided for in this section.
C. Signs containing the name of a business, or person residing on the site or advertising goods, or services
to be sold on the site or events to be held on the site shall not exceed 24 square feet in total area. This
area may be divided between up to two signs.
D. The square footage of only one side of a double-sided sign shall be counted, provided that the two
sides say the same thing.
E. The top of no sign shall extend higher than 15 feet above the ground.
F. In addition, up to two official business directional signs are permitted. An "official business directional
sign" is a sign erected and maintained by the Maine Department of Transportation within the public
right-of-way to indicate to the traveling public the route and distance to public accommodations,
facilities, commercial services and points of scenic, historical, cultural, recreational, educational or
religious interest. Such signs shall conform to all applicable state regulations regarding the placement
of signs in public rights-of-way.
G. Signs may be erected and maintained under the Maine Traveler Informational Services Act (23
M.R.S.A. §§ 1901 to 1925), to identify and point the way to public accommodations and facilities,
commercial services for the traveling public, and points of scenic, historical, cultural, recreational,
educational, and religious interest. The second line of the legend may be used to indicate additional
directional information such as the road name.
H. The following are exempt from the signage standards:
(1) Flags and insignia of any government.
(2) Legal notices, identification, information, or directional signs erected or required by
governmental bodies.
(3) Signs directing and guiding traffic and parking on private property, but bearing no advertising
matter or commercial identification.
(4) Yard and garage sale signs posted for less than seven days.§ 250-5.25. Solar energy systems. [Amended 4-5-2025]
B. Applicability. To facilitate development of renewable and nonpolluting energy but minimize potential
adverse effects to the scenic and natural resources of the Town and to support the goals of the66
Comprehensive Plan to maintain the Town's rural quality, solar energy systems are subject to the
following review process and the performance standards of this section:
(1) Roof-mounted, building-integrated, and small-scale ground-mounted systems with a total solar
panel surface area of up to 8,000 square feet are considered accessory uses and are exempt from
the requirements of this section.
(2) Medium-scale ground-mounted systems with a total solar panel surface area of between 8,000
square feet and 20,000 square feet are subject to site plan review.
(3) Large-scale ground-mounted systems with a total solar panel surface area of more than 20,000
square feet but less than 400,000 square feet are subject to conditional use and site plan reviews.
(4) Large-scale ground-mounted systems with a total solar panel surface area of 400,000 square feet
or more are subject to contract zoning approval under § 250-2.6 and site plan review.
C. Submission requirements. In addition to the submission requirements for conditional use and/or site
plan review, applications for approval of medium-scale and large-scale solar energy systems shall
provide the following submissions in 10 printed copies and one digital PDF:
(1) Name, address, and contact information of proposed or potential system installer and the owner
and/or operator of the solar energy system. Such information regarding the final system installer
shall be submitted prior to the issuance of a building permit;
(2) Name, address, contact information, and signature of the project applicant, as well as all the
property owners, demonstrating their consent to the application and the use of the property for
the solar energy system;
(3) Nameplate capacity of the solar energy system (as expressed in KW or MW);
(4) A one- or three-line electrical diagram detailing the entire solar energy system layout, including
the number of solar panels in each ground-mount array, solar collector installation, associated
components, inverters, electrical interconnection methods, and utility meter, with all National
Electrical Code-compliant disconnects and overcurrent devices. The diagram should include
applicable setback and other area standards;
(5) A preliminary equipment specification sheet that documents all proposed solar panels, system
components, mounting systems, racking system details, and inverters that are to be installed. A
final equipment specification sheet shall be submitted prior to the issuance of a building permit;
(6) An operation and maintenance plan describing the regular maintenance of the facility and the
scope of regular inspections and the frequency and method of vegetation management;(7) Solar system specifications, including the manufacturer, model, and facility size as well as weight load and wind load of structures and equipment;
(8) Certification that the site plan layout, design, and installation conform and comply with all applicable industry standards and standards of the latest edition of the National Fire Protection Association (NFPA 1 and 101) and the latest edition of the National Electrical Code (NEC);
(9) Certification that the project complies with the utility notification requirements contained in Maine law and accompanying regulations through the Maine Public Utility Commission, unless the applicant intends and so states on the application that the system will not be connected to the electrical grid;
(10) An emergency services plan acceptable to the Fire Chief to accommodate the Town's emergency vehicles and equipment, including but not limited to means of ingress and egress in the event of fire or other emergency;
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(11) A visual impact assessment prepared by a licensed landscape architect, addressing potential view impacts on public roads and neighboring properties with proposed buffering treatments meeting the requirements of Subsection C(7);
(12) A vegetation management plan indicating that vegetation growth will be maintained under and around the installation at levels needed to reduce the risk of ignition from the electrical system while minimizing mowing to the extent practicable. Native, pollinator-friendly seed mixtures shall be used. Broadcast application of herbicides and pesticides is prohibited with the exception of the use of directed treatments of herbicides to target invasive species without the use of broadcasting, if deemed necessary by the Planning Board (or its designee). The vegetation management plan shall address short- and long-term maintenance of any visual buffers required in Subsection C(7);
(13) A decommissioning plan identifying the party currently responsible for decommissioning, a time line and process for decommissioning the system, and an engineer's estimate for the cost of decommissioning, including all costs for removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities aboveground or below grade, and site restoration to its original condition, including grading, loaming, and seeding. The decommissioning plan shall include a description of any agreement (e.g., lease) with all landowners regarding decommissioning and include a deadline for completion;
(14) Prior to the issuance of any construction permits, the owner/operator shall submit a financial guarantee in the form of a performance bond, surety bond, irrevocable letter of credit, or other form of financial assurance acceptable to the Town Attorney, to provide assurance that the facility will be properly removed and remediated upon abandonment or termination of production:
(a) The amount of the financial guarantee shall be based on the engineer's cost estimate and shall account for anticipated increases in decommissioning costs over the life of the system;
(b) If the term of any performance bond or letter of credit is not for the full operational life of the system, the bond or letter of credit shall be automatically renewable for successive terms to account for the full operational life of the system; and
(c) If a bond or letter of credit is provided as a financial guarantee, the Town of Durham shall be listed as a co-beneficiary, and the Town Manager shall be listed as the designated point of contact on behalf of the Town.
(d) Every five years subsequent to the initial effective date of the surety, the owner shall submit an updated engineer's estimate and surety to the Code Enforcement Officer for review and approval. The financial guarantee shall be adjusted according to the updated estimate. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.
(15) A public outreach plan, including how the applicant will inform abutters and the community.
D. Performance standards. All medium-scale and large-scale solar energy systems shall meet the
following standards:
(1) All solar equipment shall be placed at least 100 feet from any property line;
(2) No topsoil shall be removed from the site for the installation of the system except as necessary
to comply with site plan review standards. Limit clearing of existing vegetation to the extent
necessary for functionality of the project;68
(3) Invasive plant species surveys are required to be conducted and submitted to the Code Enforcement Officer prior to and after construction, with a five-year-minimum invasive species mitigation plan to be implemented and paid for by the developer if construction activities are found to increase the prevalence of invasive plant species on-site;
(4) Solar panel components shall have a UL listing and shall be designed with an antireflective coating. Individual arrays/solar panels shall be designed and installed in order to prevent glare toward buildings on adjacent properties and nearby vehicular traffic;
(5) The solar project site shall be enclosed with tension-mesh solar farm fencing or equivalent not less than eight feet in height, with a ground clearance of six inches, and be secured with gates. Fencing shall be installed on the interior of the buffer required in Subsection C(7) below;
(6) Solar panels should not exceed a maximum height of 15 feet from the finished ground elevation at maximum tilt. Exceptions to this height limitation may be appropriate where complete and adequate screening from view is provided or sudden changes in topography would preclude a consistent height of adjacent solar panel arrays;
(7) A vegetated buffer shall be required around the solar energy system, consisting of a landscaped strip at least 50 feet wide measured from each boundary line of the solar project site around the entire perimeter except for any parts of the perimeter that have an equivalent existing natural buffer. The solar project site shall be landscaped and maintained with a buffer of plant materials that are mature enough to effectively screen the view to eight feet above ground level of the solar panels from adjacent properties all year round. Noninvasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs and trees shall be used;
(8) When a buffer is not required based on the results of a view analysis, buffer requirements may be reduced or eliminated, especially when the adjoining property is subject to an active agricultural use and the reduction or elimination is approved by the Planning Board;
(9) All newly installed utilities, including but not limited to electric or fiber lines, serving the solar energy system site shall be placed underground unless overhead service is required for utility connections as confirmed by the utility service;
(10) Lighting shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes and shall be shielded from interference with abutting properties. Lighting of the solar energy system shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution;
(11) To control noise, all noise-generating equipment must be at least 400 feet from any residence, with a 400-foot radius indicated from the noise-generating equipment shown on the site plan;
(12) A Knox Box® approved by the Fire Chief shall be provided and installed by the operator to be used to allow emergency service personnel continuous access. All means of shutting down the solar energy system shall be clearly marked. The owner, or operator, shall identify a responsible person for public inquiries and emergency contact throughout the life of the installation, and contact information shall be posted on fencing at all entrances;
(13) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the solar energy system, informing individuals of potential voltage hazards;
(14) Solar energy systems shall be properly maintained, including, but not limited to, painting, structural repairs, and integrity of security measures. Facilities shall be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, and being in an unsafe condition or detrimental to public health, safety or general welfare. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s);
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(15) Any substantial modifications to a solar energy system made after issuance of the required Town permit(s) shall require review and approval by the Planning Board. The Code Enforcement Officer may approve minor modifications that do not materially impact any of the approval or performance standards set forth in this chapter;
(16) Any change of ownership or management of the solar energy system shall be reported to the Code Enforcement Officer within 90 days of such change with written acknowledgement that the new ownership/management is required to comply with all prior permits and approvals;
(17) The Code Enforcement Officer shall be notified, in writing, at least 180 days in advance of any intent to repower the facility. Such notification shall include full details for any proposed changes to the site and may require new permits, inspections, and site plan review;
(18) Failure of the owner/operator to notify the Code Enforcement Officer and/or to maintain any submitted performance guarantee, through nonpayment of premiums or otherwise, shall be evidence of a breach of the approval which, if not remedied within 30 days, shall require the project owner to notify the Maine Public Utilities Commission (MPUC), and any fiscally connected party, that they are in breach of their Town approval. Production from the solar energy system shall be suspended beginning on the 30th day following expiration or termination of a performance bond or letter of credit and until the Town certifies that the guarantee has been properly reestablished; and
(19) Failure of the owner/operator to properly and fully decommission the solar energy system within one year of the last date of production shall entitle the Town to access any provided financial guarantee and to enter the property and conduct all decommissioning activities necessary. The deadline for decommissioning may be extended for no more than a one-year period if the owner/operator provides information to the Code Enforcement Officer, certifying that the cease in production is temporary and will be resumed within that year.
§ 250-5.26. Storage of materials. All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats, or other vermin. This shall be accomplished by enclosures in containers, raising materials above the ground, separation of materials, prevention of stagnant water, extermination procedures or other means.
§ 250-5.27. Storage of hazardous materials.
A. Outdoor storage facilities. All outdoor storage facilities for fuel, chemicals, and chemical or industrial waste shall meet the following requirements:
(1) Be located on impervious pavement and be contained within a dike which shall be high enough to contain the total volume of materials kept within the storage area, plus the rain falling into this storage area during a 100-year storm, so that the stored materials or rainwater shall not be able to spill onto or seep into the ground surrounding the paved storage area.
(2) All chemicals and wastes shall be stored in closed fifty-five-gallon containers and be properly identified on the outside of such container.
(3) Aboveground storage tanks for heating oil and diesel fuel, not exceeding 275 gallons, may be exempted from this requirement by the Code Enforcement Officer in situations where neither rapidly permeable soils or high seasonal water table (within 18 inches of the surface) are involved.
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B. Underground petroleum storage. All new or replacement underground storage facilities for petroleum
products shall conform to the requirements of 38 M.R.S.A. § 561 et seq.§ 250-5.28. Temporary activity.
An activity that is of a decidedly temporary nature or of short duration which will, because of unusual circumstances, be unable to meet the minimum requirements of these performance standards may be allowed under the provisions of a special permit issued by the Select Board. The conditions of issuance or of renewal for any such permit are:
A. The proposed activity or use will not continue beyond a maximum time period of one week.
B. The activity must be in conformance with the following minimum performance standards or it will
be in violation of this chapter:
(1) The proposed activity will not create, cause or increase any health, safety or public nuisance
problems.
(2) The proposed activity will not cause immediate or future damage to adjacent properties.
(3) Reasonable provision is made to prevent or minimize harmful environmental impacts of the
proposed activity.§ 250-5.29. Temporary structures.
A. Temporary structures intended for human occupation and used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Permits for temporary structures shall be issued for a six-month period and may be renewed by the Code Enforcement Officer for additional six-month periods up to three years. A valid plumbing permit shall be required.
B. Residing in basement or foundation structures before the completion of the total structure shall be permitted for a period of three years from the date of issuance of a building permit, subject to issuance of a temporary certificate of occupancy. The Code Enforcement Officer may issue a temporary certificate of occupancy for two additional one-year periods if, in his judgment, reasonable progress is being made and if nuisance conditions do not exist. Applications for permit extension shall be made before the permit expires. The temporary certificate of occupancy may require such conditions and safeguards as will protect the safety of the occupants and the public. A valid plumbing permit shall be required.
§ 250-5.30. Vibrations. No activity shall, as a result of normal operations, cause or create a vibration at or beyond a lot line or a boundary line which is in excess of that indicated in the table below:
Frequency/Cycles per Second Vibration Steady State Displacement Impact
(inches)
Under 10 0.0005 0.0010
10 to 19 0.0004 0.0008
20 to 29 0.0003 0.0006
30 to 39 0.0002 0.0004
40 and over 0.0001 0.000271
§ 250-5.31. Water quality impacts.
A. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quality, obnoxiousness, toxicity, or temperature that runoff may seep, percolate, or wash into surface or groundwaters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life.
B. A holding tank for wastewater disposal shall comply with the State Plumbing Code. An alarm system shall be installed indoors to warn the owner that the tank must be pumped. A notarized statement must be submitted to the Plumbing Inspector from all abutters, indicating their consent to placement of and easement to place a holding tank or subsurface disposal system on their property before issuance of a plumbing permit.
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ARTICLE 6
Subdivision of Land
§ 250-6.1. Purposes.
The purposes of these regulations are:
A. To provide for an expeditious and efficient process for the review of proposed subdivisions;
B. To assure new development in the Town of Durham meets the goals and conforms to the policies of
the Durham Comprehensive Plan;
C. To assure the comfort, convenience, safety, health and welfare of the people of the Town of Durham;
D. To protect the environment and conserve the natural and cultural resources identified in the Durham
Comprehensive Plan as important to the community;
E. To assure that a minimal level of services and facilities are available to the residents of new
subdivisions and that lots in subdivisions are capable of supporting the proposed uses and structures;
F. To minimize the potential impacts from new subdivisions on neighboring properties and on the
municipality; and
G. To promote the development of an economically sound and stable community.§ 250-6.2. Subdivision review criteria. When reviewing any application for a subdivision, the Planning Board shall find that the following criteria as found in 30-A M.R.S.A. § 4404 as well as all applicable provisions of this Chapter 250, Land Use, have been met before granting approval. The proposed project:
A. Pollution. Will not result in undue water or air pollution. In making this determination, the Planning
Board shall at least consider:
(1) The elevation of the land above sea level and its relation to the floodplains;
(2) The nature of soils and subsoils and their ability to adequately support waste disposal;
(3) The slope of the land and its effect on effluents;
(4) The availability of streams for disposal of effluents; and
(5) The applicable state and local health and water resources rules and regulations.B. Sufficient water. Has sufficient water available for the reasonably foreseeable needs of the subdivision;
C. Erosion. Will not cause unreasonable soil erosion or reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results;
D. Traffic. Will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed and, if the proposed subdivision requires driveways or entrances onto a state or state aid highway, located outside the urban compact area of an urban compact municipality; the Department of Transportation has provided documentation indicating that the driveways or entrances conform to 23 M.R.S.A. § 704 and any rules adopted under that section;
E. Sewage disposal. Will provide for adequate sewage waste disposal;
F. Municipal solid waste disposal. Will provide for adequate, safe, and efficient collection and disposal
73of solid waste and recycling generated by the subdivision without creating an undue burden on municipal services or public roads. This includes provisions for private collection within the subdivision or designated on-site facilities, ensuring no placement of waste or recycling containers on main public roads or State routes outside the subdivision;
G. Aesthetic, cultural, and natural values. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;
H. Conformity with local ordinances and plans. Is in conformance with a duly adopted subdivision regulation or ordinance, Comprehensive Plan, development plan or land use plan, if any. In making this determination, the Planning Board may interpret these ordinances and plans;
I. Financial and technical capacity. The developer has adequate financial and technical capacity to meet the standards of this article;
J. Surface waters. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in 38 M.R.S.A. §§ 435 to 490, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water;
K. Groundwater. Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater;
L. Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps and information presented by the applicant, determine whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the applicant shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision or project plan must include a condition of plan approval prohibiting the construction of any dwellings or other structures except for access roads and essential utilities within the 100-year floodplain;
M. Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on maps submitted as part of the application, regardless of the size of these wetlands;
N. Farmland. All farmland of five or more acres that is in active farm production or consisting of five or more acres of prime farmland soil or soil classified as unique farmland or farmland of state or local importance has been identified on maps submitted as part of the application;
O. River, stream, or brook. Any river, stream or brook within or abutting the proposed subdivision has
been identified on maps submitted as part of the application. For purposes of this section, "river, stream
or brook" has the same meaning as in 38 M.R.S.A. § 480-B.9;
P. Stormwater. The proposed subdivision will provide for adequate stormwater management;Q. Spaghetti lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, or great pond, as these features are defined in 38 M.R.S.A. § 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than five (5:1) to one;
R. Great pond phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision;
S. Impact on adjoining municipalities. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.
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T. Land subject to liquidation harvesting. Timber on the tract being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14.
§ 250-6.3. Authority and administration.
A. Authority. These standards have been prepared in accordance with the provisions of 30-A M.R.S.A. § 4403. These standards shall be known and may be cited as "Subdivision Regulations of the Town of Durham, Maine."
B. Administration. The Planning Board of the Town of Durham, hereinafter called the "Board," shall administer these regulations. The provisions of these regulations shall pertain to all land and buildings proposed for subdivision within the boundaries of the Town of Durham.
C. Amendment. These regulations may only be amended by vote of Town Meeting. A public hearing shall be held prior to the adoption of any amendment. Notice of the hearing shall be provided at least seven days in advance of the hearing.
§ 250-6.4. Administrative procedure.
In order to establish an orderly, equitable and expeditious procedure for reviewing subdivisions and to avoid unnecessary delays in processing applications for subdivision review, the Board shall prepare a written agenda for each regularly scheduled meeting. The agenda shall be prepared no less than one week in advance of the meeting, distributed to the Board members and any applicants appearing on the agenda, and posted at the municipal offices. Applicants shall request to be placed on the Board's agenda at least twenty- one (21) days in advance of a regularly scheduled meeting by contacting the Code Enforcement Officer.
§ 250-6.5. Preapplication sketch plan phase.
A. Purpose. The purpose of the sketch plan meeting and on-site inspection is for the applicant to present general information regarding a contemplated subdivision to the Board and receive the Board's comments prior to the expenditure of substantial sums of money on surveying, soils identification, and engineering by the applicant.
B. Procedure. The applicant shall present the preapplication sketch plan and make a verbal presentation regarding the site and the proposed subdivision. Following the applicant's presentation, the Board may ask questions, point out potential problems or issues for future discussions, and make suggestions to be incorporated by the applicant into the subsequent application. Substantive, lengthy discussions about compliance with review standards shall be postponed until the subsequent review of the full application. The applicant should state any anticipated requests for waiver of submissions and the justification for requesting them. As with determination of compliance with review standards, any formal decision on granting waivers of submission requirements must wait until Board formal action on a preliminary plan application.
C. Sketch plan submissions. Five (5) printed copies and one (1) digital PDF of the sketch plan and all supporting materials must be submitted twenty-one (21) days prior to a regularly scheduled Planning Board meeting in order to be placed on the Board's agenda. The sketch plan does not need to be prepared by a licensed professional engineer but must be accurate and contain all the following information submittals to help the Board and applicant fully understand the project site and issues related to it:
(1) A sketch plan application form;
(2) A copy of a portion of the USGS topographic map of the area, showing the outline of the
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proposed subdivision;
(3) A copy of that portion of the Androscoggin County Soil Survey covering the proposed
subdivision, showing the outline of the proposed subdivision;
(4) A copy of the relevant Assessor's Map(s) showing the outline of the proposed subdivision;
(5) A map drawn to scale, showing site conditions such as steep slopes, wet areas and vegetative
cover in a general manner.(6) A map drawn to scale, showing the proposed layout of roads, lots, buildings, other improvements, and any proposed common areas in relation to existing conditions; and
(7) A written project narrative report with general information to describe or outline the existing conditions of the site, development constraints and opportunities, and a full description of the proposed development.
D. Site plan required for cluster subdivisions. If the applicant intends to file a request for approval of a cluster subdivision plan under § 250-6.33, a conceptual site plan meeting the requirements of § 250-6.33B(1) must be submitted at sketch plan review. The Planning Board will conduct a site walk for cluster subdivisions at the preapplication stage, following the requirements of § 250-6.6I.
E. Rights not vested. The sketch plan meeting, the submittal or review of the sketch plan shall not be considered the initiation of the review process for the purposes of bringing the plan under the vested rights protections of 1 M.R.S.A. § 302.
§ 250-6.6. Preliminary plan application phase.
A. To be filed within 6 months of sketch plan. Within six (6) months of the preapplication sketch plan review by the Board, the applicant shall submit an application for approval of a preliminary plan at least twenty-one (21) days prior to a scheduled meeting of the Board. Failure to submit an application within six months of preapplication review shall require resubmission of the sketch plan to the Board. The preliminary plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.
B. Application fee. All applications for preliminary plan shall be accompanied by a nonrefundable application fee per the fee schedule adopted by the Select Board, payable to the Town of Durham.
C. Technical peer review escrow account. In addition to the application fee to cover Town administrative expenses, the applicant shall pay a refundable escrow fee per the fee schedule adopted by the Select Board, to be deposited in a special escrow account designated for that subdivision application, to be used by the Board for hiring independent consulting services to review engineering and other technical submissions associated with the application and to ensure compliance with the subdivision regulations. Peer reviews of technical submissions are not intended to design or redesign the subdivision, but to provide the Board with expert analysis of applicant submissions as to whether they meet industry standards or whether additional information is needed to make a determination on compliance with the review criteria and performance standards. If the balance in this special account is drawn down by 75% by technical reviews, the Board shall notify the applicant and require that the balance be brought back up to the original deposit amount. The Board shall continue to notify the applicant and require a deposit as necessary whenever the balance of the escrow account is drawn down by 75% of the original deposit. Any balance in the escrow account remaining after a decision on the final plan application by the Board shall be returned to the applicant. (Note to applicants: Inability to pay application fees and/or review escrows is indication of lack of financial capacity to complete the project per subdivision review criterion No. 9. Careful preparation of subdivision plans by the applicant's consulting team can minimize the need for peer technical reviews and their associated costs.)
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D. Application receipt and Town notices. Within three days of the receipt of the preliminary plan
application, the Board, or its designee, shall:
(1) Issue a dated notice of receipt to the applicant.
(2) Notify the Clerks and the Planning Boards of the neighboring municipalities if any portion of
the subdivision abuts or crosses the municipal boundary.E. Notice to abutters. Not earlier than 30 days prior to nor less than 10 days before the date of the Planning Board meeting where the application will be discussed, the applicant must either mail a notice of intent to file the application to all abutters of the proposed subdivision or hand deliver and receive a signature from the abutter on such notice of intent. If the notice is to be mailed, then the notice shall be mailed by certified mail, return receipt requested. The notice shall briefly describe the proposed subdivision and the anticipated date of the Planning Board meeting where the application will be discussed.
F. Meeting attendance by applicant. The Board shall not review any preliminary plan application unless the applicant or applicant's representative attends the meeting. Should the applicant or applicant's representative fail to attend, the Board shall reschedule review of the application at its next regular meeting and the review time frames of Subsection K below shall be correspondingly extended.
G. Application completeness review. Within 30 days of the receipt of the preliminary plan application, the Board shall determine whether the application is complete and notify the applicant, in writing, of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application, and the time limits for rendering a decision under Subsection K below shall be suspended until the Board determines that it has a completed application.
H. Determination of completeness. Upon determination that a complete application has been submitted for review, the Board shall notify the applicant, in writing. The Board shall also notify the Road Commissioner, Fire Chief and Superintendent of Schools of the proposed subdivision, the location of the proposed subdivision and the number of dwelling units proposed and the length of roadways. The Board shall request that these officials comment upon the adequacy of their departments' existing capital facilities to service the proposed subdivision. The Board shall determine whether to hold a public hearing on the preliminary plan application and whether to conduct a site walk.
I. Site walk. If a site walk is scheduled, public notice meeting the requirements of 1 M.R.S.A. §§ 403 and 406 shall be posted and the to attend. The purpose of the site walk is to help Planning Board members familiarize themselves with the proposed development site location, setting, and physical characteristics. All substantive discussions of the project and testimony by members of the public must wait until the regularly scheduled public hearing and/or meeting of the Board. At the next meeting of the Planning Board, the names of Board members who attended the site walk shall be entered into the minutes of that meeting to satisfy public meeting record requirements of 1 M.R.S.A. § 403.
J. Public hearing. If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining that it has received a complete application and shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. In addition, the notice of the hearing shall be posted in at least three prominent places within the municipality at least seven days prior to the hearing.
K. Decision on preliminary plan application. Within 30 days of the public hearing or within 60 days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall approve, approve with conditions, or deny the preliminary plan application. The Board shall specify, in writing, its findings of fact and reasons for any application denial. If the Board grants preliminary approval,
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findings of fact will be prepared and adopted as part of final plan approval.
L. Preliminary approval conditions. When granting approval to a preliminary plan, the Board shall state
the conditions of such approval, if any, with respect to:
(1) The specific changes which it will require in the final plan;(2) The character and extent of the required improvements for which waivers may have been requested and which the Board finds may be waived without jeopardy to the public health, safety, and general welfare; and
(3) The construction items for which cost estimates and performance guarantees will be required as prerequisite to the approval of the final plan.
M. Preliminary approval status. Approval of a preliminary plan shall not constitute approval of the final plan but is an initial, formal determination that the subdivision as proposed is able meet the review criteria and standards, subject to appropriate approval conditions and final plan requirements. The final plan shall be submitted for approval by the Board upon fulfillment of the requirements of these regulations and the conditions of preliminary approval. Prior to the approval of the final plan, the Board may require that additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received.
§ 250-6.7. Mandatory submissions for preliminary plan. The following items shall be submitted as part of the preliminary plan application unless the applicant submits a written waiver request and is granted a waiver from the submission requirement by the Planning Board, pursuant to Subsection D or § 250-6.35A. Five (5) printed copies and one digital PDF of all the following materials shall be delivered to the Town office at least twenty-one (21) days prior to a regularly scheduled Planning Board meeting in order for the application to be placed on the Board's agenda for completeness review. Resubmission of updated or supplemental materials shall be submitted at least fourteen (14) days prior to a regularly scheduled meeting:
A. Application form. Five (5) printed copies and one (1) digital PDF of the application form and all
accompanying information.
B. Location map. The location map shall be drawn at a size adequate to show the relationship of the
proposed subdivision to the adjacent properties and to allow the Board to locate the subdivision within
the municipality. The location map shall show:
(1) Existing subdivisions in the proximity of the proposed subdivision.
(2) Locations and names of existing and proposed roads.
(3) Boundaries and designations of zoning districts.(4) An outline of the proposed subdivision and any remaining portion of the owner's property if the preliminary plan submitted covers only a portion of the owner's entire contiguous holding.
C. Preliminary plan. The preliminary plan may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided all necessary detail can easily be read. The application materials for preliminary plan approval shall include the following information:
(1) Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's Map and lot numbers;
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(2) Verification of right, title or interest in the property by deed, purchase and sales agreement, option to purchase, or some other proof of interest;
(3) Proof of payment of all real and personal property taxes assessed by the Town of Durham on the subject property and on any other property owned by the applicant within the Town shall be submitted as part of the application. No application shall be deemed complete without such documentation.
(4) A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a professional land surveyor. The corners of the parcel shall be located on the ground and marked by monuments. The entire parcel or tract shall be shown, including all contiguous land in common ownership within the last five years, as required by 30- A M.R.S.A. § 4401;
(5) A copy of the most recently recorded deed for the parcel. A copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property;
(6) A copy of any deed restrictions intended to cover all or part of the lots or dwellings in the subdivision;
(7) An indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses prepared by a licensed site evaluator or licensed soil scientist shall be provided. A map showing the location of all test pits dug (including those not passing a soils test) on the site with correlation to proposed lots shall be submitted;
(8) An indication of the type of water supply system(s) to be used in the subdivision for domestic purposes and fire protection;
(9) Well exclusion zones based on Maine Subsurface Wastewater Disposal Rules and/or a hydrogeological evaluation of groundwater flows;
(10) The names and addresses of the record owner, applicant, and individual or company who prepared the plan and adjoining property owners;
(11) Wetland areas delineated on the survey, regardless of size;
(12) Topography: five-foot contours for areas to be left in a natural state and two-foot contours for areas to be altered by construction for roads, stormwater management and drainage, and building envelopes, showing elevations in relation to mean sea level;
(13) Farmland in active agricultural production of five or more acres and areas with prime farmland soils or soils of statewide or local importance of five or more acres;
(14) The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, and other essential existing physical features;
(15) The location of all rivers, streams and brooks within or adjacent to the proposed subdivision. If any portion of the proposed subdivision is in the direct watershed of a great pond, the application shall indicate which great pond;
(16) The zoning district in which the proposed subdivision is located and the location of any zoning boundaries affecting the subdivision;
(17) The location and size of existing and proposed culverts and drainageways on or adjacent to the property to be subdivided;
(18) The location, names, and present widths of existing roads, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision;
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(19) The traffic entering and exiting sight distances along existing and proposed roads as calculated per Appendix 1, Section 1.4, for any new intersection created to serve the subdivision;70
(20) The width and location of existing and proposed roads within the subdivision;
(21) The proposed lot lines with approximate dimensions and lot areas;
(22) All parcels of land proposed to be dedicated to public use or common use by subdivision occupants and the conditions of such dedication;
(23) The location of any open space to be preserved or common areas to be created, and a general description of proposed ownership, improvement and management;
(24) The area on each lot where existing forest cover will be permitted to be removed and converted to lawn, structures or other cover and any proposed restrictions to be placed on clearing existing vegetation (proposed building envelopes);
(25) If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan;
(26) Areas within or adjacent to the proposed subdivision which have been identified by the Maine Department of Inland Fisheries and Wildlife as significant wildlife habitat and unique natural areas identified by the Maine Natural Areas Program; and
(27) All areas within or adjacent to the proposed subdivision which are either listed on or eligible to be listed on the National Register of Historic Places or have been identified in the Comprehensive Plan or by the Maine Historic Preservation Commission as sensitive or likely to contain such sites.
(28) The proposed means and facilities for the collection of solid waste and recycling materials.
D. Additional studies that may be required by the Board. The following items may be required by the Planning Board due to the size of a project, particular characteristics of a development site or subdivision proposal, or issues that are raised during the preliminary plan review. If required, they will normally be placed as preliminary approval conditions:
(1) High-intensity soil survey. A high-intensity soil survey by a licensed soil scientist.
(2) Hydrogeological assessment. A hydrogeologic assessment prepared by a licensed geologist, or a licensed professional engineer experienced in hydrogeology, to determine adequacy of groundwater to meet domestic demands of the proposed subdivision, fire protection water supplies, and the potential for impacts on groundwater supplies of proposed groundwater withdrawals and of wastewater disposal on wells within and adjacent to the subdivision, including needed well exclusion zones within proposed lots.
(3) Traffic trip generation. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from the most recent available edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.
(4) Traffic impact analysis. For subdivisions projected to generate more than 140 vehicle trips per day, a traffic impact analysis, prepared by a licensed professional engineer with experience in traffic engineering, shall be submitted. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service (LOS) of the road giving access to the site and neighboring roads which may be affected, and recommended improvements to maintain the desired level of service on the affected roads.
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E. Additional information may be requested. When the need for additional information is clearly indicated by objective, factual analysis and by a majority vote of the Planning Board members, the Planning Board may require additional information not listed above to determine whether the statutory review criteria of 30-A M.R.S.A. § 4404 have been met.
§ 250-6.8. Final plan application phase.
A. To be filed within six months of preliminary approval.
(1) Within six months of the approval of the preliminary plan, the applicant shall submit five (5) printed copies and one (1) digital pdf of an application for approval of the final plan, with all supporting materials, at least twenty-one (21) days prior to a scheduled meeting of the Board. Resubmission of updated or supplemental materials shall be submitted at least fourteen (14) days prior to a regularly scheduled meeting. If the application for the final plan is not submitted within six months of preliminary plan approval, the Board shall require resubmission of the preliminary plan, except as stipulated below. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the Board.
(2) If an applicant cannot submit the final plan within six months due to delays caused by other regulatory bodies or other reasons beyond the applicant's control, the applicant may request an extension. Such a filing deadline extension request shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension, the Board shall make findings that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that municipal ordinances or regulations which may impact the proposed development have not been amended.
B. Final plan application fee and review escrow. All applications for final plan approval for a major
subdivision shall be accompanied by a non-refundable application fee per the fee schedule adopted by
the Select Board, payable to the Town of Durham. The Planning Board may continue to require the
replenishment of the escrow account for hiring independent consulting services to review the
application for final plan approval, along with any supporting materials, pursuant to the procedures of
§ 250-6.6C.
C. Outside agency approvals and comments:
(1) Prior to submittal of the final plan application, the following approvals shall be obtained, in
writing, where applicable:
(a) Maine Department of Environmental Protection, under the Site Location of Development
Act.
(b) Maine Department of Environmental Protection, under the Natural Resources Protection
Act or Stormwater Law.
(c) U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is
required.
(d) Maine Department of Transportation traffic movement permit, and/or highway entrance/
driveway access management permit.
(e) Review comments by the Maine Department of Inland Fisheries and Wildlife, Maine81
Natural Areas Program, and Maine Historic Preservation Commission.
(2) If the Board is unsure whether a permit or license from a state or federal agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.
D. Road addressing. Written approval of any proposed road names from the Town of Durham E-911 Addressing Officer.
E. Receipt of application. Within three days of the receipt of the final plan application, the Board, or its designee, shall issue a dated receipt to the applicant.
F. Completeness review. Within 30 days of the receipt of the final plan application, the Board shall determine whether the application is complete and notify the applicant, in writing, of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application, and the time limits for rendering a decision under Subsection J below shall be suspended until the Board determines that it has a completed application.
G. Determination of completeness. Upon determination that a complete application has been submitted for review, the Board shall notify the applicant, in writing. The Board shall determine whether to hold a public hearing on the final plan application.
H. Public hearing. If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining that it has received a complete application and shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. In addition, the notice of the hearing shall be posted in at least three prominent places within the municipality at least seven days prior to the hearing.
I. Performance guarantees. Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in § 250-6.34.
J. Decision on final plan application. Within 30 days of the public hearing or within 60 days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact and conclusions relative to the criteria for approval contained in 30-A M.R.S.A. § 4404 and the standards of these regulations. If the Board by majority vote finds that all the criteria of the statute and the standards of these regulations have been met, it shall approve the final plan. If by majority vote the Board finds that any of the individual criteria of the statute or the performance standards of these regulations have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.
§ 250-6.9. Mandatory submissions for final plan.
A. Final plan format. The final plan shall consist of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided all necessary detail can easily be read. Plans shall be no larger than 24 inches by 36 inches in size and shall have a margin of two inches outside of the borderline on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved on the plan for endorsement by the Board. Five (5) full- sized paper copies and one (1) digital PDF of all the final plan sheets, and any supporting documents, shall be submitted.
B. Final plan mandatory submissions. The final plan shall include or be accompanied by the following mandatory submissions of information unless a waiver is granted under § 250-6.35A:
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(1) Completed final plan application form and final plan application submissions checklist;
(2) Proposed name of the subdivision and the name of the municipality in which it is located, plus
the Assessor's map and lot numbers;
(3) The number of acres within the proposed subdivision; location of property lines; existing
buildings, watercourses, and other essential existing physical features;
(4) An indication of the type of sewage disposal to be used in the subdivision;
(5) An indication of the type of water supply system(s) to be used in the subdivision;
(6) Septic system locations and well exclusion zones based on requirements of the Maine
Subsurface Wastewater Disposal Rules and/or a hydrogeological evaluation of groundwater
impacts;
(7) The date the plan was prepared, North point, graphic map scale;(8) The names and addresses of the record owner, applicant, and individual or company who prepared the plan;
(9) Zoning for the subdivision and the location of any zoning district boundaries affecting the subdivision;
(10) The location of all required property line setbacks and buffers (contour lines should not be shown on the final plan, as they obscure such building restrictions);
(11) If different from those submitted with the preliminary plan, a copy of any proposed deed restrictions and covenants intended to cover all or part of the lots or dwellings in the subdivision. The covenants shall distinguish between those that are enforceable by the Town of Durham and those that are enforceable by the lot owners/association in a form approved by the Town Attorney. Any changes to the standard format approved by the Town Attorney shall be submitted for their review and approval at the expense of the applicant;
(12) The location and size of existing and proposed culverts and drainageways on or adjacent to the property to be subdivided;
(13) The location, names, and present widths of existing and proposed roads, highways, easements, buildings, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every road line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The location, bearing and length of road lines, lot lines and parcel boundary lines shall be certified by a professional land surveyor. The original reproducible plan shall be embossed with the seal of the professional land surveyor and be signed by that individual;
(14) Road plans, meeting the requirements of Appendix 1, prepared by a professional engineer;
(15) Engineering cost estimates (contractor estimates are not acceptable) for the construction of all required improvements, including, roads, utilities, stormwater management, and erosion and sedimentation controls;
(16) The proposed form of performance guarantee to ensure proper and complete construction of the roads, utilities, and other improvements required by the regulations in a form approved by the Town Attorney. Any changes to the standard format approved by the Town Attorney shall be submitted for their review and approval at the expense of the applicant;
(17) Unless the applicant proposes to submit a cash deposit as a performance guarantee or asks for a conditional agreement per § 250-6.34C, a letter of commitment from a lending institution, indicating it has reviewed the financial status of the applicant and the costs of the proposed improvements and is prepared to issue a performance guarantee for those improvements upon project approval;
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(18) All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the municipality of all public ways and open spaces shown on the plan and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be managed and maintained shall be submitted. These may include homeowners' association by laws and condominium declarations. If proposed roads and/or open spaces or other land is to be offered to the municipality, written evidence that the Select Board is satisfied with the legal sufficiency of the written offer to convey title shall be included;
(19) The boundaries of any flood hazard areas and the 100-year flood elevation as depicted on the municipality's Flood Insurance Rate Map shall be delineated on the plan;
(20) The location and method of disposal for land clearing and construction debris;
(21) Erosion and sedimentation control plan. An erosion and sedimentation control plan prepared in accordance with the Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers 2016, published by the Maine Department of Environmental Protection (Appendix 2). The Board may waive submission of the erosion and sedimentation control plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision will not involve road construction or grading which changes drainage patterns and if impervious surfaces such as roofs and driveways are less than 5% of the area of the subdivision. Calculations establishing the impervious surfaces limitations shall be submitted with the waiver request, and the maximum impervious surface for each lot shall be noted on the plan;
(22) Stormwater management plan. A stormwater management plan, prepared by a licensed professional engineer in accordance with the most recent edition of Stormwater Management Manual, Volume III, May 2016, published by the Maine Department of Environmental Protection (Appendix 3). Another methodology may be used if the applicant can demonstrate it is equally applicable to the site. The Board may waive submission of the stormwater management plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision will not involve road construction or grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision. Calculations establishing the impervious surfaces limitations shall be submitted with the waiver request, and the maximum impervious surface for each lot shall be noted on the plan; and
(23) Phosphorus management plan. If any portion of the proposed subdivision is in the direct watershed of a great pond and meets the phosphorus control criteria of § 250-6.28D, the following shall be submitted or indicated on the plan:
(a) A phosphorus impact analysis and control plan conducted using the procedures set forth in DEP Phosphorus Design Manual, Volume II of the Maine Stormwater Best Management Practices Manual, 2016 (Appendix 4). The analysis and control plan shall include all worksheets, engineering calculations, and construction specifications and diagrams for control measures, as required by the Technical Guide;
(b) A long-term maintenance plan for all phosphorus control measures;
(c) The contour lines shown on the plan shall be at an interval of no less than five feet; and
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(d) Areas with sustained slopes greater than 25% covering more than one acre shall be
delineated.(24) Solid Waste Management Plan. A “readiness to serve” letter from a licensed solid waste and recycling hauler, confirming their commitment to provide collection services to each home within the subdivision on privately owned and maintained roads. The letter must explicitly state that containers will be picked up in front of individual homes within the subdivision. If the solid waste and recycling hauler will not provide collection services in front of each home within the subdivision, or if the subdivision intends to utilize a centralized collection system, the applicant shall submit a plan for a designated solid waste and recycling dumpster facility.
§ 250-6.10. Final approval and filing.
A. Required conformance with previous approvals. No final subdivision plan shall be approved by the Board as long as the applicant is in violation of the provisions of a previously approved subdivision plan within the municipality.
B. Written findings. Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and these regulations have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify, in writing, its findings of facts and reasons for any approval conditions.
C. Plan copies. One copy of the signed plan shall be retained by the Board as part of its permanent records. One copy of the signed plan shall be forwarded to the Tax Assessor. One copy of the signed plan shall be forwarded to the Code Enforcement Officer.
D. Performance guarantee submittal. The performance guarantee approved by the Planning Board shall be submitted to the Code Enforcement Officer before release of the recording Plan.
E. Time limit for recording the plan. Any subdivision plan not recorded in the Registry of Deeds within 90 days of the date upon which the plan is approved and signed by the Board shall become null and void and require resubmittal and approval by the Planning Board. No application fees shall be required for reapproval of a final plan if submitted within six months of original final plan approval.
F. Phasing of subdivisions. At the time the Board grants final plan approval, it may permit the plan to be divided into two or more phases, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. If any municipal department head notified of the proposed subdivision informs the Board that their department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more phases, subject to any conditions the Board deems necessary in order to allow the orderly planning, financing, and provision of public services to the subdivision. If the expansion, addition or purchase of the needed facilities is included in the municipality's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition, or purchase.
G. Changes to final plans after approval. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed, in writing, on the plan, unless a revised final plan is first submitted and the Board approves any modifications in accordance with § 250-6.11 below. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404 and the standards of these regulations. If a final plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.
H. Town acceptance of roads or improvements. The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any road, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the Select Board, covering future deed and title dedication; and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.
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I. Time limit for completion of subdivision improvements. Except in the case of a phased development plan, failure to start construction of required improvements within 12 months or to complete construction of the subdivision's infrastructure improvements within 36 months of the date of approval and signing of the plan shall render the plan in violation of the regulations. Upon determining that a subdivision's approval has expired under this subsection, the Board shall have a notice placed in the Registry of Deeds to that effect. A notice of developer default shall be recorded, stating that no development permits for unsold lots will be issued by the Town until application has been made for reapproval of the subdivision and the Planning Board grants such approval. Completion of a subdivision does not require sale of lots or construction of homes on lots.
§ 250-6.11. Revisions to approved plans.
A. Revision procedure. An applicant for a revision to a previously approved plan shall, at least twenty- one (21) days prior to a scheduled meeting of the Board, request to be placed on the Board's agenda. Resubmission of updated or supplemental materials shall be submitted at least fourteen (14) days prior to a regularly scheduled meeting. If the revision involves the creation of additional lots or dwelling units, the procedures for preliminary plan approval shall be followed. If the revision involves only modifications of the approved plan without the creation of additional lots or dwelling units, the procedures for final plan approval shall be followed.
B. Revision submissions. The applicant shall submit a copy of the approved plan as well as five (5) printed copies and one (1) digital PDF of the proposed revisions. The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of these regulations and the review criteria of § 250-6.2 and the performance standards of § 250-6.14. The revised plan shall indicate that it is the revision of a previously approved and recorded plan and shall show the title of the subdivision and the book and page or cabinet and sheet on which the original plan is recorded at the Registry of Deeds.
C. Scope of review. The Board's scope of review shall be limited to those portions of the plan which are proposed to be changed. In the event that regulations have changed since original approval of the subdivision, the regulations in effect at the time of application for revision shall be applied.
§ 250-6.12. Inspections.
A. Notice of start of construction. At least five days prior to commencing construction of required improvements, the subdivider or builder shall notify the Public Works Director, in writing, of the time to commence construction of such improvements, so that the Select Board can arrange for inspections to assure that all municipal specifications, requirements, and conditions of approval are met during construction and to assure satisfactory completion of improvements and utilities required by the Board.
B. Corrective actions. If the inspecting official finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, the inspecting official shall so report, in writing, to the Select Board, Board, and the subdivider and builder. The Select Board shall take any steps necessary to assure compliance with the approved plans.
C. Minor changes to address field conditions. If at any time it appears necessary or desirable to modify
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the required improvements before or during the construction of the required improvements, the inspecting official is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural springs, etc. The inspecting official shall issue any approval under this section in writing and shall transmit a copy of the approval to the Board. Revised plans shall be filed with the Board. For major modifications, such as relocation of rights-of- way, property boundaries, changes of grade by more than 1%, etc., the subdivider shall obtain permission from the Board to modify the plans in accordance with § 250-6.11 for revisions to final plans.
D. Close of construction season. At the close of each construction season, the Town shall, at the expense of the subdivider, have the site inspected by a qualified individual. By October 1 of each year during which construction was done on the site, the inspector shall submit a report to the Board based on that inspection, addressing whether stormwater and erosion control measures (both temporary and permanent) are in place, are properly installed, and appear adequate. The report shall also include a discussion and recommendations on any problems which were encountered.
E. Surveyor certification. Prior to the sale of any lot, the subdivider shall provide the Board with a letter from a professional land surveyor, stating that all monumentation shown on the plan has been installed.
F. Road maintenance by subdivider. The subdivider shall be required to maintain all improvements and provide for snow removal on roads until acceptance of the improvements by the municipality or control is placed with a homeowners' association.
§ 250-6.13. Enforcement; violations and penalties.
A. Recording before plan approval. No plan of a division of land within the municipality which would
constitute a subdivision shall be recorded in the Registry of Deeds until a final plan has been approved
by the Board in accordance with these regulations.
B. No lot conveyance prior to plan approval. A person shall not convey, offer or agree to convey any land
in a subdivision which has not been approved by the Board and recorded in the Registry of Deeds.
C. No sale of unapproved lots. A person shall not sell, lease or otherwise convey any land in an approved
subdivision which is not shown on the plan as a separate lot.
D. No utility service without subdivision approval. No public utility, water district, sanitary district or
any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been
approved by the Board.
E. No development prior to subdivision approval. Development of a subdivision without Board approval
shall be a violation of law. "Development" includes grading or construction of roads, grading of land
or lots, clearing of trees for the purpose of developing roads or home sites, or construction of buildings
which require a plan approved as provided in these regulations and recorded in the Registry of Deeds.
F. Penalties for violations. Violations of the above provisions of this section are a nuisance and shall be
punished in accordance with the provisions of 30-A M.R.S.A. § 4452.§ 250-6.14. Performance standards.
The performance and design standards in §§ 250-6.15 through 250-6.31 are intended to clarify and expand upon the statutory review criteria found in § 250-6.2. In reviewing a proposed subdivision, the Board shall review the application for conformance with the following performance and design standards and make findings that each has been met prior to the approval of a final plan. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate all performance and design standards and statutory criteria for approval have been or will be met. If the applicant provides satisfactory documentation of compliance with the performance and design standards as determined by a majority vote of the Planning Board on each performance standard, then they are in compliance with the subdivision review criteria and are entitled to Planning Board approval of the subdivision. If the applicant fails to meet any of the performance standards as determined by a majority of the Planning Board, the Board must deny the subdivision application unless the applicant agrees to conditions of approval that will bring the application into compliance with the performance standards. Requirements beyond those contained in these regulations must be enacted through the procedures of § 250-6.3C.
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§ 250-6.15. Pollution. In determining that the proposed subdivision will not result in undue water or air pollution, the Planning Board shall determine that the application meets the following performance standards:
A. Elevation of the land and relation to floodplains. This review criterion and performance standard shall be deemed to be met by compliance with § 250-6.25 for floodplain management.
B. Nature of soils and subsoils for wastewater disposal. This review criterion and performance standard shall be deemed to be met by compliance with § 250-6.19 for sewage disposal.
C. Slope of the land and effect on effluents. This review criterion and performance standard shall be deemed to be met by compliance with § 250-6.17 for erosion and sedimentation control and § 250-6.28 for stormwater management.
D. State and local health rules. This review criterion and performance standard shall be deemed to be met by compliance with § 250-6.16 for water supply, § 250-6.19 for sewage disposal, and § 250-6.24 for impact on groundwater quality.
§ 250-6.16. Sufficient water.
A. Individual wells. Individual wells shall be sited and constructed to prevent infiltration of surface water,
and contamination from subsurface wastewater disposal systems and other sources of potential
contamination. Due to the increased chance of contamination from surface water, dug wells shall be
prohibited. The applicant shall prohibit dug wells by deed restrictions and a note on the plan.
B. Lots to accommodate wells and septic systems. Lot design shall permit placement of wells and
subsurface wastewater disposal areas in compliance with the Maine Subsurface Wastewater Disposal
Rules and the Well Drillers and Pump Installers Rules.
C. Fire protection water supplies. The applicant shall provide adequate water storage facilities per the
following standards:
(1) Types of facilities. Fire ponds with dry hydrants.
(2) Water storage capacity. Fire ponds shall have a capacity of 120,000 gallons or more.
(3) Fire pond design requirements. The capacity of the pond shall be calculated based on the lowest
water level less an equivalent of two (2’) feet of ice. Water intakes shall be elevated a minimum
of twelve (12”) inches off the bottom of the pond to prevent blockage by debris. A certified
hydrologist shall verify that there is adequate groundwater supply and soil types to ensure a year-
round supply of water for fire-fighting. An existing, on-site or adjacent water source, such as a
farm pond or stream, capable of producing the required water capacity of a constructed fire pond
may be used with approval of the Fire Chief.
(4) Access easement. An easement shall be granted to the municipality granting access to dry
hydrants and fire ponds.
(5) Design of hydrants and drafting equipment. Hydrants or other provisions for drafting water shall
be provided to the specifications of the Fire Department. Minimum pipe size connecting dry
88hydrants to ponds or storage cistern shall be six inches. A suitable accessway to the hydrant or other water source shall be constructed.
(6) Performance guarantee. The cost of construction of fire protection water supplies shall be calculated as part of the subdivision improvements and included in the project performance guarantee.
(7) Residential sprinkler systems. Upon a favorable recommendation from the Fire Chief, applicants may request substitution of the required volume of water for fire protection required in subsection C.(2) subject to approval of a requirement that all dwellings in the subdivision be protected by a residential sprinkler system meeting the requirements of NFPA 13D. Said requirement shall be noted as a condition of approval on the subdivision plan and included as a deed restriction.
§ 250-6.17. Erosion and sedimentation and impact on water bodies.
A. The proposed subdivision shall prevent soil erosion and sedimentation from entering water bodies,
wetlands, and adjacent properties.
B. The procedures outlined in the erosion and sedimentation control plan shall be implemented during
the site preparation, construction, and cleanup stages.
C. Cutting or removal of vegetation along water bodies shall not increase water temperature or result in
shoreline erosion or sedimentation.
D. Topsoil shall be considered part of the subdivision and shall not be removed from the site except for
surplus topsoil from roads, parking areas, and building excavations.§ 250-6.18. Traffic conditions and roads.
A. General standards. The proposed subdivision shall meet the following general transportation performance standards:
(1) The subdivision roads and pedestrian systems shall provide safe and convenient circulation for vehicles, bicyclists and pedestrians on interior subdivision roads and access connections to external roads;
(2) The subdivision roads shall be designed avoid traffic congestion on any road;
(3) The subdivision roads shall designed for the estimated average annual daily traffic of the road,
the land uses accommodated by the road, and the lot density of the road; and
(4) To the maximum extent practicable, the subdivision roads shall be designed to conform to the
natural topography of the proposed subdivision site to avoid large and dramatic changes in
contours of the land.
B. General access standards. All subdivision accesses connecting with external roads shall meet the
following standards:(1) Accesses connecting to any state or state aid highway shall meet the minimum access permitting requirements of the Maine Department of Transportation "Highway Driveway and Entrance Rules";
(2) Accesses that are expected to carry more than 100 passenger-vehicle-equivalent trips in the peak
hour shall meet the minimum access permitting requirements of the Maine Department of
Transportation "Rules and Regulations Pertaining to Traffic Movement Permits";
(3) The road giving access to the subdivision and neighboring roads and intersections which can be89
expected to carry traffic generated by the subdivision shall have the capacity or be suitably improved to accommodate that traffic and avoid unreasonable congestion. No subdivision shall reduce the level of service (LOS) of roads or intersections neighboring the subdivision to a LOS of "D" or below, unless:
(a) The level of service of the road or intersection will be raised to D or above through transportation demand management techniques; or
(b) The applicant provides evidence that it is not possible to raise the level of service (LOS) of the road or intersection to LOS D or above by road or intersection improvements or by transportation demand management techniques, but improvements will be made or transportation demand management techniques will be used such that the proposed development will not increase delay at a signalized or unsignalized intersection or otherwise worsen the operational condition of the road or intersection in the horizon year.
C. General internal subdivision road standards. All internal subdivision roads shall meet the following minimum standards:
(1) The road or road system of the proposed subdivision shall be designed to coordinate with existing, proposed, and planned roads. Wherever a proposed development abuts unplatted land or a future development phase of the same development, road stubs shall be provided as deemed necessary by the Planning Board to provide access to abutting properties or to logically extend the road system. All road stubs shall be provided with a temporary turnaround unless specifically exempted by the Planning Board. The extension of the road from that temporary turnaround shall be the responsibility of any future developer of the abutting land. Minor collector and local roads shall connect with surrounding roads to permit convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such roads by substantial through traffic between minor arterial or collector roads.
(2) Road names and signs shall comply with the requirements set forth in Article 9, Road Names and Building Numbers, of this chapter. The developer shall either install road name, traffic safety and control signs meeting municipal specifications or reimburse the municipality for the costs of their installation.
(3) During road construction, the entire right-of-way shall not be cleared unless clearing is necessary for utilities, drainage or other infrastructure necessities beyond the clear zone. Following road construction, the developer or contractor shall conduct a thorough cleanup of stumps and other debris from the entire right-of-way created during the road construction process. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan and be suitably covered with fill and topsoil, limed, fertilized, and seeded.
D. Specific access and road design standards. All internal subdivision roads shall meet the minimum standards found in Appendix 1.
§ 250-6.19. Sewage disposal.
A. Compliance with Maine Subsurface Wastewater Disposal Rules. The applicant shall submit evidence
of site suitability for subsurface sewage disposal prepared by a Maine licensed site evaluator in full
compliance with the requirements of the State of Maine Subsurface Wastewater Disposal Rules.
(1) The site evaluator shall certify, in writing, that each proposed lot will contain at least one test pit
which meets the requirements for a new system and contains an area large enough to
accommodate a disposal area on soils which meet the Disposal Rules.
(2) In no instance shall a disposal area be on a site which requires a New System Variance from the
90Subsurface Wastewater Disposal Rules.
(3) In no instance shall a lot in a subdivision utilize an easement on another lot for its wastewater disposal area.
§ 250-6.20. Solid waste.
If the additional solid waste from the proposed subdivision causes the municipality to exceed its contract with a nonmunicipal solid waste disposal facility, the applicant shall make alternate arrangements for the disposal of solid waste. The alternate arrangements shall be at a disposal facility which is in compliance with its license. The Board may not require the alternate arrangement to exceed a period of five (5) years. The following standards for solid waste management include:
A. Collection within Subdivisions. All new subdivisions shall implement a solid waste and recycling collection system that ensures waste and recycling containers are collected from within the subdivision, either in front of individual homes on privately owned and maintained roads or at a designated, centralized facility. Under no circumstances shall solid waste or recycling containers from properties within a subdivision be placed on main public roads or State routes for collection.
B. Centralized Collection Facility. If a solid waste and recycling hauler will not provide direct collection from each home within the subdivision, or if the applicant proposes a centralized collection system, the applicant shall design and construct a solid waste and recycling dumpster facility within the subdivision. This facility shall comply with the following:
(1) Location. Strategically located to minimize impact on residents and neighboring properties while
ensuring safe access for collection vehicles.(2) Design. Shall include appropriate fencing, landscaping, and screening to visually integrate the facility into the subdivision and mitigate any potential nuisances. The design shall be subject to Planning Board review and approval.
(3) Capacity. Sized appropriately to handle the anticipated volume of solid waste and recycling
generated by the subdivision's residents.(4) Maintenance and Ownership. The plan shall clearly define the ownership, maintenance responsibilities, and management of the facility, typically through a homeowners' association or similar entity, independent of municipal services.
(5) Compliance. All solid waste management plans and facilities shall comply with all applicable
State and local regulations.
§ 250-6.21. Land and shoreland preservation and access. [Amended 4-5-2025]
A. Preservation of natural beauty and aesthetics.
(1) The plan shall, by notes on the final plan and deed restrictions, limit the clearing of trees to those
areas designated on the plan.
(2) A subdivision in which the land cover type at the time of application is forested shall maintain a
wooded buffer strip no less than 50 feet in width along all existing roads. The buffer may be
broken only for driveways and roads and shall be shown on the final plan.
(3) The Planning Board may require a buffer meeting the requirements of Site Plan Review Section §
250-8.6.J where construction of a subdivision road along an adjacent property line would adversely
affect existing residential development.
B. Retention of open spaces and natural or historic features.
91(1) If any portion of the subdivision is located within an area designated as a unique natural area by the Comprehensive Plan or the Maine Natural Areas Program, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.
(2) If any portion of the subdivision is in or abutting to any site of historic or prehistoric importance identified in the Comprehensive Plan or designated as a historic resource, as set forth in § 250-5.15, by the National Register of Historic Places, the project shall be subject to advisory review by the Historic Commission in accordance with Article 12. Appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan. The Board may seek the advice of the Maine Historic Preservation Commission in reviewing such plans.
(3) Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended.
(4) Reserved open space land may be but is not required to be dedicated to the municipality.
C. Protection of significant wildlife habitat. If any portion of a proposed subdivision lies within 250 feet of the areas identified and mapped by the Department of Inland Fisheries and Wildlife Beginning with Habitat Project or the Comprehensive Plan as habitat for species appearing on the official state or federal lists of endangered or threatened species, the applicant shall demonstrate that there shall be no adverse impacts on the habitat and species it supports.
(1) There shall be no cutting of vegetation within such areas or within the strip of land extending at least 75 feet from the edge or normal high-water mark of such habitat areas.
(2) The applicant must consult with the Maine Department of Inland Fisheries and Wildlife and provide their written comments to the Board.
(3) The Board may require a report to be submitted, prepared by a wildlife biologist, selected or approved by the Board, with demonstrated experience with the wildlife resource being impacted. This report shall assess the potential impact of the subdivision on the significant habitat and adjacent areas that are important to the maintenance of the affected species and shall describe any additional, appropriate, mitigation measures to ensure that the subdivision will have no adverse impacts on the habitat and the species it supports.
D. Protection of important shoreland areas.
(1) Any existing public rights of access to the shoreline of a water body shall be maintained by means of easements or rights-of-way or should be included in the open space with provisions made for continued public access.
(2) The clearing or removal of vegetation limits set forth in § 250-14.11N of this chapter shall apply within areas subject to the state-mandated shoreland zone.
§ 250-6.22. Compliance with other provisions.
All lots, other than those found within cluster developments approved pursuant to § 250-6.33, shall meet the minimum dimensional requirements for the zoning district in which they are located. The proposed subdivision shall meet all applicable criteria and design or performance standards in all articles of this Chapter 250.
§ 250-6.23. Financial and technical capacity.
A. Financial capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of these regulations. When the applicant proposes to construct the buildings as well as the subdivision improvements, the applicant shall have adequate financial resources to construct the total development. In making the above determinations, the Board shall consider the proposed time frame for construction and the effects of inflation. A letter of commitment submitted in conformance with § 250-6.9B(17) shall be considered prima facie evidence of adequate financial capacity.
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B. Technical ability. The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed subdivision. In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.
§ 250-6.24. Impact on groundwater quality or quantity.
A. Groundwater quality.
(1) When a hydrogeologic assessment is submitted, the assessment shall contain at least the
following information:
(a) A map showing the basic soils types;
(b) The depth to the water table at representative points throughout the subdivision;
(c) Drainage conditions throughout the subdivision;
(d) Data on the existing groundwater quality, either from test wells in the subdivision or from
existing wells on neighboring properties;
(e) An analysis and evaluation of the effect of the subdivision on groundwater resources. In
the case of residential developments, the evaluation shall, at a minimum, include a
projection of post-development nitrate-nitrogen concentrations at any wells within the
subdivision, or at the subdivision boundaries, or at a distance of 1,000 feet from potential
contamination sources, whichever is a shortest distance;
(f) A map showing the location of any subsurface waste disposal systems and drinking water
wells within the subdivision and within 200 feet of the subdivision boundaries.
(2) Projections of groundwater quality shall be based on the assumption of drought conditions
(assuming 60% of annual average precipitation).
(3) No subdivision shall increase any contaminant concentration in the groundwater to more than
the primary or secondary drinking water standards.(4) If groundwater contains contaminants in excess of the primary standards, and the subdivision is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.
(5) If groundwater contains contaminants in excess of the secondary standards, the subdivision shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.
(6) Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells or other measures to reduce groundwater contamination and protect drinking water supplies are recommended in the assessment, those standards shall be included as a note on the final plan and as restrictions in the deeds to the affected lots.
B. Groundwater quantity.
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(1) Groundwater withdrawals by a proposed subdivision shall not lower the water table beyond the
boundaries of the subdivision.
(2) A proposed subdivision shall not result in a lowering of the water table at the subdivision
boundary by increasing runoff with a corresponding decrease in infiltration of precipitation.
(3) In areas with documented limited groundwater availability, the Planning Board shall consider a
requirement that a note be added to the final plan, requiring that each lot be provided with a
drilled well that produces an adequate supply for domestic purposes prior to sale of the lot.§ 250-6.25. Floodplain management.
When any part of a subdivision is located in a special flood hazard area as identified by the Federal
Emergency Management Agency:
A. All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and
constructed to minimize or eliminate flood damage.
B. Adequate drainage shall be provided so as to reduce exposure to flood hazards.
C. The plan shall include a statement that no structures in the subdivision shall be constructed in the
floodplain.
D. Any road crossings and/or driveways through flood-prone areas shall be evaluated for impacts of
flooding on the road in terms of emergency vehicle access and shall be designed to pass flows from a
100-year storm event without sustaining damage.
E. All development in the subdivision shall comply with the requirements and standards of Article 15 for
floodplain management.§ 250-6.26. Identification of freshwater wetlands, rivers, streams or brooks. Freshwater wetlands within the proposed subdivision shall be identified in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the United States Army Corps of Engineers. Any rivers, streams, or brooks within or abutting the proposed subdivision shall be identified on the subdivision plans.
§ 250-6.27. Identification of farmland. All farmland of five or more acres that is in active farm production or consisting of five or more acres of prime farmland soil or soil classified as unique farmland or farmland of state or local importance shall be identified on maps submitted as part of the application.
§ 250-6.28. Stormwater management.
A. Site location of development permit. For subdivisions that require a DEP review under the Site Location of Development Act (SLDA), a stormwater management plan shall be submitted which complies with the SLDA permit and the requirements of DEP Chapter 500 Stormwater Regulations.
B. Chapter 500 stormwater permit. For subdivisions that do not require a SLDA permit but require a DEP permit under the Stormwater Law, a stormwater management plan shall be submitted which complies with the requirements of DEP Chapter 500 Stormwater Regulations.
C. Erosion and sedimentation control plan. For subdivisions outside of the watershed of a Great Pond, that neither require a SLDA permit, nor a DEP permit under the Stormwater Law, an erosion and sedimentation control plan shall be submitted, meeting the recommendations and standards contained in the 2016 Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers, published by the Maine Department of Environmental Protection (Appendix 2).
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D. Phosphorus management plan. For subdivisions within the watershed of Runaround Pond, creating any combination of 800 linear feet of new road or driveways, a stormwater management plan shall be submitted that meets the phosphorus allocation across the entire subdivision in accordance with the methodology described in the DEP Phosphorus Design Manual, Volume II of the Maine Stormwater Best Management Practices Manual, 2016 (Appendix 4) or the current edition. Applicants claiming that a subdivision shall have less than the threshold of road and driveway construction shall provide a plan showing how such limitations shall be established and enforced.
E. Analysis for potential downstream flooding. The Planning Board may require a hydrologic analysis for any site in areas with a history of flooding, or in areas with a potential for future flooding, associated with cumulative impacts of development using the "10% rule":
(1) Hydrologic and hydraulic analysis shall be conducted for the ten-year twenty-four-hour storm, the twenty-five-year twenty-four-hour storm, and the 100-year twenty-four-hour storm extended downstream to the point where the site represents 10% of the total drainage area;
(2) If the flow rates and velocities increase by more than 5% and/or if any existing downstream structures are impacted, the designer shall design the drainage system to incorporate stormwater retention to limit flow rates and velocities.
§ 250-6.29. Spaghetti lots prohibited.
If any lots in the proposed subdivision have shore frontage on a river, stream, brook, or great pond as these features are defined in 38 M.R.S.A. § 480-B, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than five to one.
§ 250-6.30. Impact on adjoining municipalities.
For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located as determined by the traffic impacts analysis of § 250-6.18B.
§ 250-6.31. Compliance with timber harvesting rules.
The Board shall ascertain that any timber harvested on the parcel being subdivided has been harvested in compliance with rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14.
A. Five-year rule. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the Planning Board must determine prior to granting approval for the subdivision that five years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel.
B. Determination by DACF or forester. The Planning Board may request technical assistance from the Department of Agriculture, Conservation, and Forestry to determine whether a rule violation has occurred, or the Board may accept a determination certified by a forester licensed pursuant to 32 M.R.S.A. Chapter 76.
§ 250-6.32. Open space and common land, facilities and services.
A. All open space common land, facilities and property shall be owned by:
(1) The owners of the lots or dwelling units by means of a homeowners' association;
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(2) A land trust or organization which has as its principal purpose the conservation or preservation
of land in essentially its natural condition; or
(3) The municipality.
B. Further subdivision of the common land or open space and its use for other than noncommercial
recreation, agriculture, or conservation purposes, except for easements for underground utilities, shall
be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses
may be erected on the common land only with Planning Board review and approval.
C. The common land or open space shall be shown on the final plan with appropriate notations on the
plan to indicate:
(1) It shall not be used for future building lots; and
(2) Which portions of the open space, if any, may be dedicated for acceptance by the municipality.
D. The final plan application shall include the following:
(1) Covenants for mandatory membership in the homeowners' association, setting forth the owners'
rights, interests, and privileges in the association and the common property and facilities to be
included in the deed for each lot or dwelling;
(2) Draft Articles of Incorporation of the proposed homeowners' association as a not-for-profit
corporation; and
(3) Draft bylaws of the proposed homeowners' association, specifying the responsibilities and
authority of the association, the operating procedures of the association and providing for proper
capitalization of the association to cover the costs of major repairs, maintenance and replacement
of common facilities.
E. In combination, the documents referenced in Subsection D above shall provide for the following:
(1) The homeowners' association shall have the responsibility of maintaining the common property
or facilities.(2) The association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the maintenance, repair and replacement of common property and facilities and tax assessments.
(3) The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.
(4) The developer or subdivider shall maintain control of the common property and be responsible for its maintenance until development sufficient to support the association has taken place. The developer or subdivider shall provide or ensure that the homeowners' association has adequate funding to cover the first year of maintenance of all improvements. Such determination shall be made by the Board upon request of the homeowners' association or the developer.
(5) All roads within the subdivision shall be covered by a road maintenance agreement meeting the requirements of § 250-5.23.
(6) The covenants shall distinguish between those that are enforceable by the Town of Durham and those that are enforceable by the lot owners/association in a form approved by the Town Attorney. Any changes to the standard format approved by the Town Attorney shall be submitted for their review and approval at the expense of the applicant.
§ 250-6.33. Cluster development alternative.
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A. Purpose of clustering. The purpose of these provisions is to allow for flexibility in the design of subdivisions to allow for the creation of open space which provides recreational opportunities or protects important natural features from the adverse impacts of development, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding provisions of Article 4 relating to dimensional requirements, the Board, in reviewing and approving proposed residential subdivisions, may modify the provisions related to dimensional requirements to permit flexibility in approaches to housing and environmental design in accordance with the following guidelines. This shall not be construed as granting variances to relieve hardship, and action of the Zoning Board of Appeals shall not be required.
B. Standards for cluster developments. Cluster developments shall meet all of the following requirements:
(1) Required site plan. Each home site shall be an element of an overall plan for site development. Only developments having a total site plan for specific home sites will be considered. The application shall illustrate the placement of buildings and their relationship to open spaces, pedestrian paths, and roads. Although reduced road and utility construction costs are a benefit of clustering, of equal importance is designing a subdivision where open space serves the multiple purposes of preserving natural features of the land and providing recreational opportunities while maximizing the value and enjoyment of homes in the subdivision. Although not a requirement, applicants seeking approval of a cluster subdivision are advised to seek the services of a landscape architect in laying out the site plan before engineering plans for roads are prepared and before a surveyor lays out proposed lot lines. This site plan should be presented at the preapplication, sketch plan stage if cluster approval is desired. The Planning Board will not approve a cluster subdivision that creates open space from leftover land or strips that do not positively relate to natural features of the site and do not orient home sites to take maximum advantage of those open spaces. Cluster approval is optional and should only be pursued to create true open space subdivisions.
(2) Allowable reduction of lot size and road frontage. The Planning Board may allow lots within cluster developments to be reduced in lot size and road frontage by up to 50% of the minimum required by Article 4 in return for provision of common open space, as long as the maximum number of dwelling units is not exceeded according to the calculations in Subsection B(3) below.
(3) Maximum number of lots. In order to determine the maximum number of lots permitted in a cluster subdivision on a tract of land, the net residential acreage as determined in Subsection B(4) below shall be divided by the minimum lot size in the district, as required by Article 4, § 250-4.2. Recognizing the substantial community benefits of open space preservation, the Planning Board and these regulations acknowledge that the greater efficiency of cluster design may result in a slight increase in the number of lots over a conventional subdivision layout. Any cluster subdivision meeting the net residential acreage, cluster design, and all other subdivision standards shall be deemed to be the functional equivalent of a conventional subdivision design in terms of neighborhood and community impact, and no further documentation shall be required to establish that equity.
(4) Net residential acreage. The net residential acreage shall be calculated by taking the total area of the lot and subtracting, in order, the following:
(a) Fifteen percent of the area of the tract for roads and easements.
(b) Portions of the tract shown on the Flood Boundary and Floodway Map prepared by the
Federal Emergency Management Administration for Durham.
(c) Portions of the lot which are unsuitable for development in their natural state due to
topographical, drainage or subsoil conditions such as, but not limited to:
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[1] Slopes greater than 20%;
[2] Wetland soils;
[3] Portions of the tract subject to existing easements;
[4] Portions of the tract located in the Resource Protection District; and
[5] Portions of the tract covered by surface waters.
(5) Required open space. The total area of reserved open space within the development shall equal
or exceed the sum of the areas by which any building lots are reduced below the minimum lot
area normally required by Article 4. However, at least 50% of the area of the entire parcel or
tract shall be included as common open space. Common open space shall not include road rights-
of-way. No more than 50% of the common open space shall consist of wetlands.
(6) Shore frontage. Shore frontage for each lot shall not be reduced below the minimum normally
required by shoreland zoning.
(7) Shoreline access. Where a cluster development abuts a body of water, a usable portion of the
shoreline, as well as reasonable access to it, shall be a part of the common land.
(8) Suitable building sites. No building site in the cluster development shall be located on slopes
steeper than 20% within 100 feet of any water body or 50 feet of any wetland or on soil
ssified as being very poorly drained.
(9) Common open space management. The common open space shall be owned and managed
according to the standards of § 250-6.32.§ 250-6.34. Performance guarantees.
A. Construction cost estimate. With submittal of the application for final plan approval, the applicant shall provide engineering cost estimates (contractor quotes are not acceptable) for the construction of all required improvements, including roads, utilities, stormwater management, fire protection water supplies, and erosion and sedimentation controls.
B. General. A performance guarantee shall be drafted such that the Town shall receive written notice at least 60 days prior to its expiration. Construction which occurs such that inspection by the Town is not possible shall be grounds for default of the performance guarantee. A performance guarantee may be tendered in the form of either a cash deposit held by the Town or an irrevocable letter of credit issued by a bank or other lending agency doing business in Maine in a form satisfactory to the Town Attorney as indicated in § 250-6.9B(16). Any other performance guarantee reviewed by the Town Attorney at the applicant's expense as to form and specifically approved by the Planning Board as being substantially equivalent to a cash deposit or irrevocable letter in terms of security, ease of execution, and cost to the Town may be acceptable. The performance guarantee shall be submitted prior to release of the recording Plan.
C. Conditional agreement. A conditional agreement, if acceptable in lieu of a performance guarantee, shall be endorsed by the Planning Board on the final plan and shall provide that no lot or parcel of land may be conveyed, and that no permit may be issued by the Code Enforcement Officer for any building on any lot in the subdivision, until the completion of all required improvements unless a performance guarantee is approved by the Planning Board for all remaining work needed to complete the improvements. Under a conditional agreement, the applicant shall submit a performance guarantee meeting the requirements of § 250-6.34A and B to cover erosion and sedimentation controls and site stabilization prior to release of the recording plan.
D. Road construction required before sale of lots. No lot in a subdivision may be sold, leased, or otherwise conveyed before the road upon which the lot fronts is completed in accordance with these regulations, up to and including the entire frontage of the lot, unless a performance guarantee meeting the requirements of § 250-6.34 has been posted by the subdivider and the lot has adequate access by emergency vehicles as determined by the Fire Chief, in writing.
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E. Inspection escrow fund. Prior to release of the recording Plan, the applicant shall deposit with the Select Board a check for 2% of the estimated costs of the required improvements to pay for the costs of inspection by a qualified engineer hired by the Town. If upon satisfactory completion of construction and cleanup there are inspection funds remaining, any remaining surplus shall be refunded to the subdivider or builder, as appropriate.92
F. Release of performance guarantees. Prior to release of any performance guarantee or portion thereof, satisfactory completion shall be determined by the Public Works Director or their designee, who shall submit written certification to the Planning Board that all improvements covered by the performance guarantee have been constructed in conformance with the final plan and all applicable codes and ordinances. Partial drawdowns of performance guarantees are allowed.
§ 250-6.35. Waivers.
A. Waivers of certain submission requirements. Where the Board makes written findings of fact that there are special circumstances of a particular tract proposed to be subdivided or that the application is simple and minor in nature, it may waive portions of the submission requirements, unless prohibited by these regulations or Maine statutes, provided the applicant has demonstrated that the performance standards of these regulations and the criteria of the subdivision statute have been or will be met; the public health, safety, and welfare are protected; and provided the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, the zoning regulations, or these subdivision regulations.
B. Waivers of procedural requirements. The Board may allow an applicant to combine the final plan and preliminary plan application steps into one procedure upon making all of the following written findings of fact:
(1) No new roads are proposed;
(2) No approvals are required from the Maine Department of Environmental Protection under the Site Location of Development Act, Stormwater Law, or Natural Resources Protection Act,93 other than a "permit by rule";
(3) The Board agrees to approve a waiver from the requirements to submit a stormwater management plan and sedimentation and erosion control plan; and
(4) The application contains all other applicable submissions required for both the preliminary and final plan steps, except for those items for which a waiver of a required submission has been requested and granted by the Planning Board.
C. Waivers of performance standards. Where the Board makes written findings of fact that due to special circumstances of a particular tract proposed to be subdivided, the provision of certain required improvements is not requisite to provide for the public health, safety or welfare, or an alternative design is equal to or better in meeting the statutory review criteria, it may waive the performance standards, subject the following criteria:
(1) The applicant has provided the Planning Board with a factual basis for granting the waiver that is supported by sound engineering and/or environmental analysis (cost considerations are not justification);
(2) The waiver(s) do not have the effect of nullifying the intent and purpose of the zoning regulations
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or these subdivision regulations;
(3) The performance standards of these regulations have been substantially met and the criteria of
the subdivision statute have been or will be met by the proposed subdivision; and
(4) The requested performance standard waivers are noted on the recorded subdivision plan
(submission waivers and procedural waivers are not noted on the plan).100
ARTICLE 7
Conditional Uses
§ 250-7.1. Purpose and applicability.
A. Establishment of new uses. Uses designated as conditional uses within this chapter in the districts in which they are so designated are allowed only subject to the issuance of a conditional use permit by the Planning Board in compliance with this article. Under a conditional use review, the Planning Board applies the review criteria of § 250-7.4 to verify that there are no aspects of a particular development proposal or conditions on a proposed development site that create the potential for specific, significant adverse impacts on neighbors and/or the community. In the absence of such conditions as determined by compliance with each of the conditional use review criteria as determined by a majority vote of the Planning Board members, applicants for conditional use review have equal right to a development permit as any permitted use applicant.
B. Expansion of existing uses. Any use which was commenced prior to the effective date of adoption or amendment of this chapter and would require a conditional use permit under the terms of this chapter or subsequent amendment is a nonconforming use, and any expansion of such use shall require a conditional use permit. Physical expansions or increased intensity of use that affects impacts of a conditional use approved by the Planning Board also requires conditional use approval.
§ 250-7.2. Conditional use review process.
A. Application. When the owner of property or the owner's authorized agent is informed by the Code Enforcement Officer or otherwise determines that a conditional use permit is required, an application shall be filed with the Planning Board on forms provided for that purpose. The application shall provide all information required for a building permit application, plus information upon which the Planning Board may make findings of fact as to each of the standards set forth in § 250-7.4. The application shall be accompanied by an application fee per the fee schedule adopted by the Select Board. The application shall include proof of payment of all real and personal property taxes assessed by the Town of Durham on the subject property and on any other property owned by the applicant within the Town.
B. Receipt of application. The completed conditional use application shall be submitted to the Town office, and a receipt shall be issued to the applicant by the Town office, at least twenty-one (21) days before the Planning Board's next meeting date to be included on the Board's agenda. Resubmission of updated or supplemental materials shall be submitted at least fourteen (14) days prior to a regularly scheduled meeting. Any application submitted after the submission deadline will be carried over to the next available meeting.
C. Notice to abutters. Not earlier than 30 days nor less than 10 days before the date of the Planning Board meeting where the application will be discussed, the applicant must either mail a notice of intent to file the application to all abutters of the site of the proposed conditional use or hand deliver and receive a signature from the abutter on such notice of intent. If the notice is to be mailed, then the notice shall be mailed certified, return receipt requested. The notice shall briefly describe the proposed conditional use and the anticipated date of filing the application. The domestic return receipt of the certified mailing shall be attached as part of the original conditional use application.
D. Distribution of application materials. When the Town Planner determines that five (5) printed copies and one digital PDF of all material required to constitute the application have been submitted, they shall promptly notify the applicant of the time and place for such meeting and they shall transmit to each Planning Board member a copy of the application material.
E. Sequence with variance. No application for conditional use permit shall be considered complete or may be acted upon by the Planning Board until all variances which may be required for the proposed development first have been obtained from the Board of Appeals.
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F. Sequence with site plan review. For those uses requiring both conditional use permit and site plan approval, specific design review will occur during the site plan review process, which will occur after conditional use approval. The Planning Board may, however, consider the specific site design standards of Article 8 when drafting approval conditions under § 250-7.5 for uses not requiring full site plan review (e.g., buffers, shielding of lighting).
G. Time frame for decision. Within 60 days of the date on which the conditional use application is complete and it first appears on the Planning Board agenda, the Board shall act to approve, approve with conditions, or disapprove the conditional use application. The time limit for review may be extended by mutual agreement between the Planning Board and the applicant. During this sixty-day period, the Board may schedule an on-site visit.
H. Site walk. If a site walk is scheduled, public notice meeting the requirements of 1 M.R.S.A. §§ 403 and 406 shall be posted and the public must be allowed to attend. The purpose of the site walk is to help Planning Board members familiarize themselves with the proposed development site location, setting, and physical characteristics. All substantive discussions of the project and testimony by members of the public must wait until the regularly scheduled public hearing and/or meeting of the Board. At the next meeting of the Planning Board, the names of Board members who attended the site walk shall be entered into the minutes of that meeting to satisfy public meeting record requirements of 1 M.R.S.A. § 403.
I. Written notice of Planning Board decision. Within 10 working days of reaching its decision, the Planning Board shall send to the applicant notice, in writing, of its action and the reason for taking such action.
J. Changes to approved conditional use. If an applicant wishes to make any changes to an approved conditional use permit, the applicant must meet all the requirements for a conditional use permit for that changed part of the application; i.e., the applicant will go through the entire conditional use permit process only for the section of the permit they want changed.
§ 250-7.3. Mandatory Conditional Use Submissions.
To ensure that the Planning Board receives adequate site-specific information to determine compliance with the conditional use review criteria of Section 7.4, applicants for conditional use permits shall submit the materials listed below. These materials are intended to provide a sufficient level of information for evaluation of potential impacts under Section 7.4 but less detailed than the submissions required for full site plan review under Article 8.
A. The Board will not deem an application complete until the materials required by this section have been provided unless the Planning Board, by majority vote, determines that a specific item is clearly not applicable to the proposed use or site:
(1) Application Form. A fully completed conditional use permit application on forms provided by the Town.
(2) Site Plan or Sketch. A plan of the entire property showing existing and proposed buildings and structures; driveways and parking areas; trash disposal or storage areas; signage; septic system and well; outdoor lighting; and significant natural features such as tree stands, ponds, streams, or wetlands. For minor projects a legible and accurate hand-drawn sketch may be accepted; larger or more complex projects may require a plan prepared by a qualified professional.
(3) Vicinity Map. A map or sketch showing the location of the property in relation to surrounding parcels, including existing uses and structures on abutting properties.
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(4) Right, Title, or Interest. A copy of the deed, lease, or other legal document demonstrating the
applicant’s right, title, or interest in the property.(5) Financial and Technical Capacity. Information demonstrating that the applicant has the financial and technical resources to complete and operate the proposed use in compliance with State and local requirements. This may include cost estimates, evidence of financing, and a résumé or description of relevant experience.
(6) Performance Standards Compliance. Documentation showing how the proposed use meets the conditional use review criteria of Section 7.4 and any applicable performance standards of Article 5.
(7) Abutter Notification Materials. Copies of the abutter notices and either signatures of receipt or
certified-mail return receipts, as required by Section 7.2(C).
(8) Digital and Printed Copies. Five (5) printed copies and one (1) digital PDF of all application
materials shall be submitted to the Town Office at least twenty-one (21) days before the Planning
Board meeting at which completeness will be reviewed.
B. Depending on the nature, scale, or location of the proposed use, the Planning Board may require any
of the following supplemental materials when necessary to evaluate compliance with the conditional
use criteria:
(1) Photographs, drawings, or satellite images illustrating existing site conditions.
(2) Evidence of compliance with other local, State, or Federal permits, such as those issued by the
Maine DOT, DEP, or DHHS.
(3) Documentation addressing additional performance standards applicable under Article 5 (e.g.,
erosion control, signage, buffering, or operational standards).
(4) Resource delineations when any portion of the property lies within a Shoreland Zoning Overlay
District or Resource Protection Zone.
(5) Historic resource review when the property abuts a site listed as an official historic property
under the Town’s inventory.
(6) Septic system design and test results for new or expanded systems.
(7) Traffic information, up to and including a traffic impact study, when the proposed use is expected
to generate measurable traffic or affect public safety.
(8) Runoff and drainage information, including site topography, stormwater flow direction, and
measures to prevent runoff or leaching that could affect neighboring properties or wells.
(9) Noise assessment, when the proposed use may generate noise in excess of the noise level
standards of this Chapter.If the Planning Board determines by majority vote that any of the supplemental information in this subsection are needed, the application will be deemed incomplete until the requested information is submitted.
§ 250-7.4. Planning Board decision.
The Planning Board shall hear and approve, approve with modifications or conditions, or deny any application for conditional use permit.
B. Approval. The Board may approve a conditional use permit only for a use which is specifically designated by this chapter as a conditional use in the district where the use will be located. If the Board by majority vote determines that the proposed use meets all the criteria set forth in § 250-7.5 and in all other respects complies with the applicable provisions of this chapter, the Board must approve the application.
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C. Approval with conditions. If the Board by majority vote determines that the proposed use can be made to comply with the criteria of § 250-7.5 only by imposition of conditions as provided in § 250-7.6, then it may approve the application with approval conditions.
D. Denial. If the Board by majority vote determines that the proposed use does not meet one or more of the criteria of § 250-7.5, and approval conditions that would cause the use to comply with those criteria are not possible or not acceptable to the applicant, the Board must deny the application.
§ 250-7.5. Conditional use review criteria. Review criteria. Before it issues a conditional use permit, the Planning Board shall find, as a matter of fact, that the proposed use meets the following criteria:
(1) Public health impacts. The proposed use will not create unsanitary or unhealthful conditions by
reason of sewage disposal, emissions to the air or water, or other aspects of its design or
operation;
(2) Traffic safety impacts. The proposed use will not create unsafe vehicular or pedestrian traffic
conditions when added to existing and foreseeable traffic in its vicinity;
(3) Public safety impacts. The proposed use will not create public safety problems which would be
substantially different from those created by existing uses in the neighborhood or require a
substantially greater degree of municipal services than existing uses in the neighborhood;
(4) Environmental impacts. The proposed use will not result in sedimentation or erosion or have an
adverse effect on water supplies;
(5) Scale and intensity of use. The proposed use will be compatible with existing uses in the
neighborhood with respect to physical size, visual impact, intensity of use, and proximity to
other structures;
(6) Noise and hours of operation. The proposed use will be compatible with existing uses in the
neighborhood with respect to the generation of noise and hours of operation;
(7) Right, title, or interest. The applicant has sufficient right, title or interest in the site of the
proposed use to be able to carry out the proposed use; and
(8) Financial and technical ability. The applicant has the financial and technical ability to meet the
standards of this section and to comply with any conditions imposed by the Planning Board
pursuant to § 250-7.5.
C. Compliance with land use ordinance standards. The proposed conditional use shall meet all applicable
criteria and design or performance standards in all articles of this Chapter 250.§ 250-7.6. Conditions of approval.
A. Planning Board approval conditions. Upon consideration of the criteria listed in § 250-7.5, the Planning Board may by majority vote attach such conditions, in addition to those required by other provisions of this chapter, as it finds necessary to ensure compliance with those criteria and all other applicable requirements of this chapter. Violation of any of those conditions shall be a violation of this chapter. Such conditions may include, but are not limited to, requirements for:
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(1) Increased property line setbacks; (2) Fences and planting screens to create effective buffers between uses; (3) Limits on hours of operation; and (4) Location of parking and signs.
B. Design aspects of approval conditions. For projects requiring Planning Board site plan approval, the specific design of improvements required to mitigate impacts under Subsection A will be determined during the site plan review process. For projects not requiring separate site plan review and approval, the Planning Board may apply the design standards of Article 8 in establishing specific approval conditions.
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ARTICLE 8
Site Plan Review
§ 250-8.1. Purpose. The site plan review provisions set forth in this article are intended to protect the public health and safety, promote the general welfare of the community, and conserve the environment by assuring that nonresidential construction is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion, and sedimentation; protection of the groundwater; protection of the environment, wildlife habitat, fisheries, and unique natural areas; protection of historic and archaeological resources; minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.
§ 250-8.2. Applicability. A person who has right, title, or interest in a parcel of land must obtain site plan approval prior to commencing any of the following activities on the parcel, obtaining a building or plumbing permit for the activities, or undertaking any alteration or improvement of the site, including grubbing or grading:
A. New building construction. The construction or placement of any new building or structure for a
nonresidential use, including accessory buildings and structures used for nonresidential purposes
(other than agricultural buildings and campgrounds approved by the Maine Department of Health and
Human Services or other licensing agency);
B. Expansions of existing buildings. The expansion of an existing nonresidential building or structure,
including accessory buildings, that increases the total floor area (other than agricultural buildings);
C. Creation or expansion of parking. The construction or expansion of nonresidential parking areas and
access drives involving an area of more than 2,500 square feet within any three-year period (excluding
gravel parking areas used for agricultural uses and campgrounds approved by the Maine Department
of Health and Human Services or other licensing agency); or
D. Solar energy systems. The construction or expansion of a medium- or large-scale solar energy system.§ 250-8.3. Administration. This article shall be administered by the Planning Board. The Planning Board is authorized to review and act on all site plans for development requiring site plan review as defined above. In considering site plans under this provision, the Planning Board may by majority vote act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.
§ 250-8.4. Site plan review process.
A. Application and review fee. When the owner of property or the owner's authorized agent is informed by the Code Enforcement Officer or otherwise determines that site plan approval is required, an application shall be filed with the Planning Board on forms provided for that purpose. The application shall be accompanied by a nonrefundable application fee per the fee schedule adopted by the Select Board. For projects involving both building construction and paved parking, the site plan review fee shall be based on the larger of the calculation of fees for building or parking square footage. The application shall include proof of payment of all real and personal property taxes assessed by the Town of Durham on the subject property and on any other property owned by the applicant within the Town.
B. Technical peer review escrow account. In addition to the application fee to cover Town administrative expenses, the applicant shall pay a refundable escrow fee per the fee schedule adopted by the Select
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Board, to be deposited in a special escrow account designated for that site plan review application, to be used by the Board for hiring independent consulting services to review engineering and other technical submissions associated with the application and to ensure compliance with the site plan review regulations. Peer reviews of technical submissions are not intended to design or redesign the site plan, but to provide the Board with expert analysis of applicant submissions as to whether they meet industry standards or whether additional information is needed to make a determination on compliance with the review criteria and performance standards. If the balance in this special account is drawn down by 75% by technical reviews, the Board shall notify the applicant and require that the balance be brought back up to the original deposit amount. The Board shall continue to notify the applicant and require a deposit as necessary whenever the balance of the escrow account is drawn down by 75% of the original deposit. Any balance in the escrow account remaining after a decision on the final plan application by the Board shall be returned to the applicant. (Note to applicants: Inability to pay application fees and/or review escrows is indication of a lack of financial capacity to complete the project per site plan review (§ 250-8.6L). Careful preparation of site plans by the applicant's consulting team can minimize the need for peer technical reviews and their associated costs.)
C. Receipt of application. The completed site plan review application shall be submitted to the Town office, and a receipt shall be issued to the applicant by the Town office, at least twenty-one (21) days before the Planning Board's next meeting date to be included on the Board's agenda. Resubmission of updated or supplemental materials shall be submitted at least fourteen (14) days prior to a regularly scheduled meeting. Any application submitted after the submission deadline will be carried over to the next meeting.
D. Notice to abutters. Not earlier than 30 days nor less than 10 days before the date of the Planning Board meeting where the application will be discussed, the applicant must either mail a notice of intent to file the application to all abutters of the site of the proposed development or hand deliver and receive a signature from the abutter on such notice of intent. If the notice is to be mailed, then the notice shall be mailed certified, return receipt requested. The notice shall briefly describe the proposed development and the anticipated date of filing the application. The domestic return receipt of the certified mailing shall be attached as part of the original development application.
E. Distribution of application materials. When the Town Planner determines that five (5) printed copies and one (1) digital PDF of all material required to constitute the application have been submitted, they shall promptly notify the applicant of the time and place for such meeting and they shall transmit to each Planning Board member a copy of the application material.
F. Sequence with variance. No application for site plan review shall be considered complete or may be acted upon by the Planning Board until all variances which may be required for the proposed development first have been obtained from the Board of Appeals.
G. Sequence with conditional use review. For those uses requiring both conditional use permit and site plan approval, specific design review will occur during the site plan review process, which will occur after conditional use approval but may be conducted in tandem with the conditional use application at the applicant's request.
I. Time frame for decision. Within 60 days of the date on which the site plan review application is complete and it first appears on the Planning Board agenda, the Board shall act to approve, approve with conditions, or disapprove the site plan application. The time limit for review may be extended by mutual agreement between the Planning Board and the applicant. During this sixty-day period, the Board may schedule an on-site visit.
J. Site walk. If a site walk is scheduled, public notice meeting the requirements of 1 M.R.S.A. §§ 403 and 406 shall be posted and the public must be allowed to attend. The purpose of the site walk is to help Planning Board members familiarize themselves with the proposed development site location, setting, and physical characteristics. All substantive discussions of the project and testimony by members of the public must wait until the regularly scheduled public hearing and/or meeting of the Board. At the next meeting of the Planning Board, the names of Board members who attended the site walk shall be entered into the minutes of that meeting to satisfy public meeting record requirements of 1 M.R.S.A. § 403.
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K. Written notice of Planning Board decision. Within 10 working days of reaching its decision, the Planning Board shall send to the applicant notice, in writing, of its action and the reason for taking such action.
L. Changes to approved site plan. If an applicant wishes to make any changes to an approved site plan, the applicant must meet all the requirements for a site plan approval for that changed part of the application; i.e., the applicant will go through the site plan review process only for the section of the site plan they want changed.
M. Time limit for completion of site improvements. Failure to start substantial construction of site improvements within 12 months or to complete construction of the site improvements within 36 months of the date of approval and signing of the plan shall render the plan in violation of the regulations.
N. Consistency with approved site plan. One copy of the approved site plan must be included with the application for the building permit for the project, and all construction activities must conform to the approved site plan, including any conditions of approval.
§ 250-8.5. Mandatory submissions. The following items shall be submitted as part of the site plan review application unless the applicant submits a written waiver request and is granted a waiver from the submission requirement by the Planning Board, pursuant to § 250-8.7A. Ten printed copies and one digital PDF of all the following materials shall be delivered to the Town office, at least 14 days prior to a regularly scheduled Planning Board meeting, in order for the application to be placed on the Board's agenda for completeness review:
A. Application form. Ten printed copies and one digital PDF of the application form and all accompanying information.
B. Location map. The location map shall be drawn to scale at a size adequate to show the relationship of the proposed project site to the adjacent properties and to allow the Board to locate the project site within the municipality.
C. Site plan. The site plan may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The site plan shall be drawn to a scale of not more than 100 feet to the inch. The application materials for site plan approval shall include the following information:
(1) Proposed name of the project and the name of the municipality in which it is located, plus the
Assessor's Map and lot numbers;
(2) The names and addresses of the record owner, applicant, and individual or company who
prepared the plan and adjoining property owners;
(3) Verification of right, title or interest in the property by deed, purchase and sales agreement,
option to purchase, or some other proof of interest;
(4) A standard boundary survey of the parcel, giving complete descriptive data by bearings and
distances, made and certified by a professional land surveyor. The corners of the parcel shall be
located on the ground and marked by monuments;
(5) A copy of the most recently recorded deed for the parcel. A copy of all deed restrictions,
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easements, rights-of-way, or other encumbrances currently affecting the property;
(6) An indication of the type of sewage disposal to be used. When sewage disposal is to be
accomplished by subsurface wastewater disposal system, test pit analyses prepared by a licensed
site evaluator or licensed soil scientist shall be provided;
(7) An indication of the type of water supply system(s) to be used for domestic purposes and fire
protection;
(8) Wetland areas delineated on the survey, regardless of size;(9) The location of all rivers, streams and brooks within or adjacent to the project site. If any portion of the project site is in the direct watershed of a great pond, the application shall indicate which great pond;
(10) Topography. Five-foot contours for areas to be left in a natural state and two-foot contours for areas to be altered by construction for roads, stormwater management and drainage, and building envelopes, showing elevations in relation to mean sea level;
(11) The zoning district in which the proposed project site is located and the location of any zoning boundaries affecting the project site;
(12) The location and size of existing and proposed culverts and drainageways on or adjacent to the property to be developed;
(13) The location, names, and present widths of existing roads, highways, easements, building lines, parks and other open spaces on or adjacent to the project site;
(14) The traffic entering and exiting sight distances along existing roads as calculated per Appendix 1, Section 1.4, for any intersection or driveway serving the project site;
(15) The width and location of existing and proposed roads or drives within the project site;
(16) Provisions for handling all solid wastes, including hazardous and special wastes, and the location and proposed screening of any on-site collection or storage facilities;
(17) The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off-site;
(18) Proposed landscaping and buffering;
(19) The location, dimensions, and ground-floor elevation of all proposed buildings or building expansion proposed on the site;
(20) Location, front view, materials, and dimensions of proposed signs, together with the method for securing the sign;
(21) Location and type of exterior lighting;
(22) The location of all utilities, including fire protection systems;
(23) A general description of the proposed use or activity;
(24) Space must be provided on the plan drawing for the signatures of the Planning Board and date, together with the following words: "Approved: Town of Durham Planning Board";
(25) If any portion of the project site is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan;
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(26) Areas within or adjacent to the proposed project site which have been identified by the Maine Department of Inland Fisheries and Wildlife as significant wildlife habitat and unique natural areas identified by the Maine Natural Areas Program;
(27) All areas within or adjacent to the proposed project site which are either listed on or eligible to be listed on the National Register of Historic Places or have been identified in the Comprehensive Plan or by the Maine Historic Preservation Commission as sensitive or likely to contain such sites;
(28) Erosion and sedimentation control plan. An erosion and sedimentation control plan prepared in accordance with the Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers, 2016 (Appendix 2). The Board may waive submission of the erosion and sedimentation control plan only if the project site is not in the watershed of Runaround Pond; and upon a finding that the proposed project will not involve construction or grading which changes drainage patterns; and if impervious surfaces such as roofs, parking lots, and driveways are less than 5% of the area of the lot being developed. Calculations establishing the impervious surfaces limitations shall be submitted with the waiver request, and the maximum impervious surface shall be noted on the plan;
(29) Stormwater management plan. A stormwater management plan, prepared by a licensed professional engineer in accordance with the most recent edition of Stormwater Management Manual, Volume III, May 2016, published by the Maine Department of Environmental Protection (Appendix 3). Another methodology may be used if the applicant can demonstrate it is equally applicable to the site. The Board may waive submission of the stormwater management plan only if the project site is not in the watershed of Runaround Pond, and upon a finding that the proposed development will not involve construction or grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the lot being developed. Calculations establishing the impervious surfaces limitations shall be submitted with the waiver request and the maximum impervious surface shall be noted on the plan; and
(30) Phosphorus management plan. If any portion of the proposed project site is in the direct watershed of Runaround Pond and creates combined impervious surfaces totaling 20,000 square feet or more, the following shall be submitted or indicated on the plan:
(a) A phosphorus impact analysis and control plan conducted using the procedures set forth in DEP Phosphorus Design Manual, Volume II of the Maine Stormwater Best Management Practices Manual, 2016 (Appendix 4101). The analysis and control plan shall include all worksheets, engineering calculations, and construction specifications and diagrams for control measures, as required by the Technical Guide;
(b) A long-term maintenance plan for all phosphorus control measures;
(c) The contour lines shown on the plan shall be at an interval of no less than five feet; and
(d) Areas with sustained slopes greater than 25% covering more than one acre shall be
delineated.
D. Additional studies that may be required by the Board. The following items may be required by the
Planning Board due to the size of a project, particular characteristics of a development site or
development proposal, or issues that are raised during the plan review:
(1) High-intensity soil survey. A high-intensity soil survey by a licensed soil scientist.(2) Hydrogeological assessment. A hydrogeologic assessment prepared by a licensed geologist, or a licensed professional engineer experienced in hydrogeology, to determine adequacy of groundwater to meet demands of the proposed project, fire protection water supplies, and the potential for impacts on groundwater supplies of proposed groundwater withdrawals and of wastewater disposal on wells within and adjacent to the project site.
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(3) Traffic trip generation. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from the most recent available edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.
(4) Traffic impact analysis. For developments projected to generate more than 140 vehicle trips per day, a traffic impact analysis, prepared by a licensed professional engineer with experience in traffic engineering, shall be submitted. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service (LOS) of the road giving access to the site and neighboring roads which may be affected, and recommended improvements to maintain the desired level of service on the affected roads.
E. Additional information may be requested. When the need for additional information is clearly indicated by objective factual analysis and by a majority vote of the Planning Board members, the Planning Board may by majority vote require additional information not listed above to determine whether the site plan review criteria have been met.
§ 250-8.6. Approval criteria and design standards. [Amended 4-5-2025] The following criteria and design standards shall be used by the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Planning Board by majority vote determines that the applicant has failed to meet one or more of these criteria or standards. In all instances, the burden of proof shall be on the applicant, who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.
A. Utilization of the site. The plan for the development must reflect the natural capabilities of the site to support development. Buildings and support facilities must be located in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including, but not limited to, wetlands, steep slopes, floodplains, significant wildlife habitats, habitat for rare and endangered plants and animals, unique natural communities and natural areas, must be maintained and preserved to the maximum extent practical. Natural drainage areas must also be preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
B. Adequacy of road system. Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development. For developments which generate 100 or more peak-hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one mile of any entrance road which are functioning at a level of service of D or better prior to the development must function, at a minimum, at level of service D after development. If any such intersection is functioning at a level of service E or lower prior to the development, the project must not reduce the current level of service.
C. Vehicular access into the site. Vehicular access to and from the development must be safe and convenient and meet the following standards:
(1) Minimum sight distance. Any driveway or proposed road must be designed so as to provide the minimum safe sight distances contained in Appendix 1, Section 1.4.
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(2) Access grade. The grade of any proposed drive or road access on to an existing roadway must
be not more than 3% for a minimum of two car lengths, or 40 feet, from the edge of the existing
roadway.
(3) Corner lots. Where a lot has frontage on two or more roads, the primary access to and egress
from the lot must be provided from the road where there is less potential for traffic congestion
and for traffic hazards. Access from other roads may be allowed if it is safe.
(4) Off-site roadway improvements. Where it is necessary to safeguard against hazards to traffic and
pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing
turning lanes, traffic directional islands, and traffic controls within public roads.
(5) Avoidance of queuing. Accessways must be designed and have sufficient capacity to avoid
queuing of entering vehicles on any public road.
(6) Number and location of entrances. The following standards must be used for driveways serving
a proposed project:(a) No use which generates less than 100 vehicle trips per day shall have more than one two- way driveway onto a single roadway. Such driveway must be no greater than 30 feet wide.
(b) No use which generates 100 or more vehicle trips per day shall have more than two points of entry from and two points of egress to a single roadway. The combined width of all accessways must not exceed 60 feet.
(c) Private entrances/exits must be located at least 50 feet from the closest intersection as measured from the point of tangency for the corner to the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard and construction of a new entrance closer to the intersection will not create a safety hazard as determined by an engineer with special expertise in traffic management.
(d) Private accessways in or out of a development must be separated by a minimum of 75 feet.
D. Internal vehicular circulation. The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site per the following standards:
(1) General site circulation design. All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion; by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal; and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety; all-season emergency access; snow storage; and delivery and collection services.
(2) Large delivery vehicles. Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of WB-40 vehicles.
(3) Emergency vehicle access. Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (Fire Lane - No Parking).
E. Parking lot layout and design. Off-street parking must conform to the following standards:
(1) No backing into road. Parking areas must be arranged so that it is not necessary for vehicles to back into the road;
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(2) Parking area setbacks. All parking spaces, access drives, and impervious surfaces must be located at least 15 feet from any side or rear lot line except where standards for buffer yards require a greater distance. No parking spaces or asphalt-type surface shall be located within 25 feet of the front property line except where standards for buffer yards require a greater distance. Parking lots on adjoining lots may be connected by accessways not exceeding 24 feet in width.
(3) Parking area stall and aisle dimensions. Parking stalls and aisle layout must conform to the following standards:
(4) Signage for one-way circulation. In lots utilizing diagonal parking, the direction of proper traffic
flow must be indicated by signs, pavement markings or other permanent indications and
maintained as necessary.
(5) No double-stack parking. Parking areas for nonresidential uses must be designed to permit each
motor vehicle to proceed to and from the parking space provided for it without requiring the
moving of any other motor vehicles.
(6) Vehicle overhang. Provisions must be made to restrict the "overhang" of parked vehicles when
it might restrict traffic flow on adjacent through roads, restrict pedestrian or bicycle movement
on adjacent walkways, or damage landscape materials.
(7) Pedestrian circulation. The site plan must provide for a system of pedestrianways within the
development, appropriate to the type and scale of development. This system must connect the
major building entrances/exits with parking areas and with existing sidewalks if they exist or are
planned in the vicinity of the project. The pedestrian network may be located either in the road
right-of-way or outside of the right-of-way in open space or recreation areas.
F. Utilities. The development must be provided with electrical, telephone, and telecommunication
service adequate to meet the anticipated use of the project. New utility lines and facilities must be
screened from view to the extent feasible.
G. Lighting design standards. In connection with every site plan, the applicant shall submit plans for all
proposed exterior lighting. These plans shall include the location, type of light, radius of illumination,
manufacturer's specification sheet and the intensity in foot-candles. The following design standards
shall be followed:
(1) Maximum height. The maximum height of freestanding lights shall be the same as the principal
building but not exceeding 25 feet.
(2) Cone of illumination. All lights shall be shielded to restrict the maximum apex angle of the cone
of illumination to 150°.
(3) Spotlights prohibited. Spotlight-type fixtures attached to buildings shall be avoided.113
(4) Protection of light poles. Freestanding lights shall be located and protected to avoid being easily
damaged by vehicles.
(5) Shielding of lights. Parking and display lighting shall be shielded and located and maintained so
as not to create or constitute a hazard or nuisance to the traveling public or to neighbors. String
lights shall not be permitted.
(6) Illumination levels. Illumination shall meet the following intensity in foot-candles:
(a) Parking lots. An average of 1.5 foot-candles throughout.
(b) Intersections: three foot-candles.
(c) Maximum at property lines: one foot-candle.
(7) Auto service stations. Fuel pumps and canopies shall meet the following special design
standards:
(a) Lighting levels for canopies shall be adequate only to facilitate the activities taking place
in such locations and shall not be used to attract attention to the business. Under-canopy
lighting shall be designed to provide an average level of illumination, not to exceed twenty
foot-candles with a maximum foot-candle reading beneath the canopy not exceeding thirty
foot-candles, with a uniformity ratio of 1:25 (average to minimum).
(b) Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or
flush with the bottom surface (ceiling) of the canopy and are shielded by the fixture or the
edge of the canopy so that light is restrained to no more than 85° from vertical.
(c) Lights shall not be mounted on the sides (fascia) or top of the canopy, and the sides (fascia)
shall not be illuminated except as permitted in conjunction with permitted signs.
H. Signage. All signs shall meet the requirements of § 250-5.24.
I. Fire protection. The Board must find that the water supply will sustain fire suppression requirements
recommended for the proposed development consistent with the recommendations of the National
Fire Protection Association for the fire loading level of the proposed development under NFPA 1142,
Water Supplies for Suburban and Rural Fire Fighting.
J. General buffer standards. "Buffers" are fences, landscaping, berms and mounds used to minimize any
adverse impacts or nuisances on the site or from adjacent areas. Buffers may be located along property
lines within required building setbacks or adjacent to site features requiring buffering. The following
buffering standards apply:
(1) Evergreens can be used as buffers, provided they are planted properly. An evergreen buffer
requires six- to eight-foot evergreen trees planted in an alternate pattern, five feet on center.
(2) Buffers shall be considered in or for the following areas and purposes:
(a) Along property lines, to shield various uses from each other.(b) To totally screen garbage collection areas, loading and unloading areas, electrical transformers, air-conditioning units, utility service areas, outdoor storage areas, and similar functions.
(c) To screen parking areas, car lots, auto storage facilities, and other outdoor storage of motor vehicles from the public view with berms four feet in height. A lower height, not less than three feet, may be used as necessary to ensure that berms and/or plantings do not obstruct the visibility required for traffic safety. Additional screening shall be provided with plantings which shall be located so as not to obstruct the visibility required for traffic safety.
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(3) Natural features shall be maintained wherever possible to provide a buffer between the proposed
development and noncompatible abutting properties and public roadways. When natural features
such as topography, gullies, stands of trees, shrubbery, and rock outcrops do not exist or are
insufficient to provide a buffer, other kinds of buffers shall be considered.
(4) Buffers shall be sufficient to shield structures and uses from the view of noncompatible abutting
properties and public roadways and to otherwise prevent any nuisances, including but not limited
to all loading and unloading operations, storage areas, commercial vehicle parking, waste
disposal and collection areas.
(5) Fencing and screening shall be durable and properly maintained at all times by the owner.
(6) Fencing and screening shall be so located within the property line to allow access for
maintenance on both sides without intruding upon abutting properties.
(7) All buffer areas shall be maintained in a neat and sanitary condition by the owner.K. Historic and archaeological resources. If any portion of the site is in or abutting to a property that has been identified in the Comprehensive Plan as containing historic or archaeological resources or designated as a historic resource as set forth in § 250-5.15, the development shall be subject to advisory review by the Historic Commission in accordance with Article 12 and must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
L. Financial capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria and the standards of these regulations. When the applicant proposes to construct the buildings as well as the site improvements, the applicant shall have adequate financial resources to construct the total development. In making the above determinations, the Board shall consider the proposed time frame for construction and the effects of inflation. A letter of commitment submitted in conformance with § 250-6.9B(17) shall be considered prima facie evidence of adequate financial capacity.
M. Technical ability. The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed project. In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.
§ 250-8.7. Waivers.
A. Waivers of certain submission requirements. Where the Board makes written findings of fact that there are special circumstances of a particular site or that the application is simple and minor in nature, it may waive portions of the submission requirements, unless prohibited by these regulations or Maine statutes, provided the applicant has demonstrated that the criteria and performance standards of these regulations have been or will be met; the public health, safety, and welfare are protected; and provided the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, the zoning regulations, or these site plan review regulations.
B. Waivers of performance standards. Where the Board makes written findings of fact that, due to special circumstances of a particular site proposed to be developed, the provision of certain required improvements is not requisite to provide for the public health, safety or welfare, or an alternative design is equal to or better in meeting the site plan review criteria, it may waive the design standards, subject the following criteria:
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(1) The applicant has provided the Planning Board with a factual basis for granting the waiver that
is supported by sound engineering and/or environmental analysis (cost considerations are not
justification);
(2) The waiver(s) do not have the effect of nullifying the intent and purpose of the zoning regulations
or these site plan review regulations;
(3) The criteria of these site plan review regulations have been or will be substantially met by the
proposed site plan; and
(4) The requested performance standard waivers are noted on the approved site plan.116
ARTICLE 9
Road Names and Building Numbers
§ 250-9.1. Purpose. The purpose of this article is to enhance the easy and rapid location of properties by law enforcement, fire, rescue, and emergency medical services personnel in the Town of Durham.
§ 250-9.2. Authority.
This article is adopted pursuant to and consistent with the Municipal Home Rule Powers as provided for in Article VIII, Part 2, Section 1, of the Constitution of the State of Maine and 30-A M.R.S.A. § 3001.
§ 250-9.3. Administration.
This chapter shall be administered by the addressing authority. The "addressing authority" is the Codes Official (Code Enforcement Officer) of the Town of Durham. The addressing authority is authorized to and shall assign road names in consultation with the Select Board and assign numbers to all properties, both on existing and proposed roads, in accordance with the criteria in §§ 250-9.4 and 250-9.5. The addressing authority shall also be responsible for maintaining the following official records of this article:
A. Road maps. Maps of the Town of Durham for official use showing road names and numbers.
B. Address list. An alphabetical and numerical list of all road addresses as identified by current assessment records and/or approved subdivision plans, showing the assigned numbers.
C. Road list. An alphabetical list of all roads with property owners listed in order of their assigned numbers.
§ 250-9.4. Naming system.
All roads that serve two or more properties shall be named regardless of whether the ownership is public or private. A "road" refers to any highway, road, street, avenue, lane, private way, or similar paved, gravel, or dirt thoroughfare. "Property" refers to any property on which a more or less permanent structure has been erected or could be placed. A road name assigned by the Town of Durham shall not constitute or imply acceptance of the road as a public way. The following criteria shall govern the naming system:
A. No two roads shall be given the same name (e.g., no Pine Road and Pine Lane).
B. No two roads should have similar-sounding names (e.g., Beech Street and Peach Street).
C. Each road shall have the same name throughout its entire length.
§ 250-9.5. Road signs.
A. Town road signs:
(1) Road signs that name a Town road that have been approved by the E-911 Officer shall be
purchased and installed by the Road Commissioner or his designee.
(2) Replacement signs shall be purchased and installed by the Town.
(3) All signs shall be uniform in color and lettering and conform to the latest version of the State of
Maine Department of Transportation Manual on Uniform Traffic Control Devices. All road
signs shall be reflective so as to be visible at night.
B. Private road signs:
117(1) Road signs that name private roads and ways that have been approved by the E-911 Officer shall be purchased and installed by the Road Commissioner or his designee and billed to the owner, developer, or road association.
(2) Private road signs shall be installed within the right-of-way of the private road outside of the traveled way. The Road Commissioner or his designee shall obtain written permission from the property owner before installing signs on private property.
(3) Signs for private roads shall be uniform in color and lettering and conform to the latest version of the State of Maine Department of Transportation Manual on Uniform Traffic Control Devices. All private road signs shall be reflective so as to be visible at night.
C. Inventory. An inventory of all road signs shall be made by the Town in October of each year. One copy of the inventory shall be kept on file by the Road Commissioner and another in the Town Office. Developers of new subdivisions shall be responsible for the cost of installing all necessary signage for the development as part of the approval process. Such signs shall be erected and maintained in accordance with the E-911 Ordinance.
§ 250-9.6. Numbering system.
Numbers shall be assigned every 50 feet along both sides of the road, with even numbers appearing on the left side of the road and odd numbers appearing on the right side of the road, determined by number origin. The following criteria shall govern the numbering system:
A. All number origins shall begin from the designated center of Durham or that end of the road closest to the designated center. For dead-end roads, numbering shall originate at the intersection of the adjacent road and terminate at the dead end.
B. The number assigned to each structure shall be that of the numbered interval falling closest to the primary driveway entrance of the property.
C. Every structure with more than one principal use or occupancy shall have a separate number for each used or occupancy (i.e., duplexes will have two separate numbers; apartments will have one road number with an apartment letter, such as 235 Maple Street, Apt. B).
§ 250-9.7. Display of numbers.
All owners of structures shall, by the date stipulated in § 250-9.8, display and maintain in a conspicuous place on said structure the assigned numbers in the following manner:
A. Number on the structure or residence. Where the residence or structure is within 50 feet of the edge of the road right-of-way and is readily visible, the assigned number shall be displayed on the front of the residence or structure near the front door or entry.
B. Number at the road edge. Where the residence or structure is over 50 feet or more from the edge of the road right-of-way or is within 50 feet and is not readily visible, the assigned number shall be displayed on a post, fence, wall, the mailbox, or on some structure at the edge of the road right-of-way next to the walk or access drive to the residence or structure. When a number is displayed on a post, fence, wall, or mailbox that is perpendicular to the road, the number shall be made visible from both directions of the road.
C. Size and color of number. Numbers shall be displayed in a color and size approved for use by the addressing authority and shall be located to be visible from the road. Numbers shall be in Arabic numerals and shall not be displayed in a word format. Numbers shall be a minimum four inches in height and shall be of a contrasting color to their background and reflective.
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§ 250-9.8. New construction and subdivisions.
All new construction and subdivisions shall be named and numbered in accordance with the provisions of this chapter and as follows:
A. New construction. Whenever any residence or other structure is constructed or developed, it shall be the duty of the new owner to obtain an assigned number from the addressing authority. This shall be done prior to the issuance of a certificate of occupancy by the Building Inspector.
B. New subdivisions. Any prospective subdivider shall show a proposed road name on the preapplication submission to the Planning Board. Approval by the Planning Board, after consultation with the addressing authority, shall constitute the assignment of road names. On the final plan showing proposed roads, the applicant shall mark, on the plan, dots in the center of the roads every 50 feet to aid in the assignment of numbers to structures falling within the subdivision, adjacent to the subdivision road, or to structures subsequently constructed.
§ 250-9.9. Effective date.
This article shall become effective as of July 1, 1997. It shall be the duty of the addressing authority to notify by mail each property owner and the Post Office of a new address within seven days of its assignment. It shall be the duty of each property owner to comply with this article, including the posting of new property numbers within 60 days following notification. On new structures, numbering will be installed before the structure is first used or occupied.
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ARTICLE 10
Nonconforming Lots, Uses, & Structures
§ 250-10.1. Purpose. The purpose of this article is to regulate nonconforming lots, uses, and structures as defined in this chapter such that they can be developed, maintained, or changed to other, less nonconforming or to conforming uses.
§ 250-10.2. Transfer of ownership; repair and maintenance.
A. Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this chapter.
B. Repair and maintenance. This chapter allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations, that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.
§ 250-10.3. Nonconforming lots.
A. Nonconforming lots. A nonconforming lot of record as of the effective date of this chapter or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and that all provisions of this chapter except minimum lot size, lot frontage and shore frontage can be met. Variances relating to setback or other requirements not involving minimum lot size, lot width or shore frontage shall be obtained by action of the Board of Appeals. (Note: The Town recognizes March 6, 1976, as the effective date of the establishment of legally nonconforming lots.)
B. 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 chapter, if all or part of the lots do not meet the dimensional requirements of this chapter, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.
C. Functional divisions. If two or more principal structures existed on a single lot of record on the effective date of this chapter, each may be sold on a separate lot, provided that the above-referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.
D. 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 chapter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots is vacant or contains no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.
§ 250-10.4. Nonconforming uses.
A. Nonresidential expansions. Expansions of nonresidential, nonconforming uses are prohibited.
B. Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one (1) year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Board of Appeals may, for good cause shown by the
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applicant, grant up to a one-year extension to that time period.
C. Change of use. Subject to approval by the Board of Appeals, a lawful nonconforming use may be
changed to another nonconforming use that is deemed less objectionable and detrimental than the
existing lawful nonconforming use per the following criteria:
(1) A change in use is one that results in an activity that is different in nature and purpose from the
original use; results in a difference in the quality, character, degree, and kind of activity and is
different in kind in its effect on the neighborhood.
(2) Less objectionable and detrimental means that the new proposed nonconforming use will have a
lesser effect on the neighborhood and on the property on which the use occurs, is less noticeable
than the current use, is closer in nature to the uses allowed in the zoning district, or represents a
decline in the volume and intensity of the use.
(3) The Board of Appeals will review any application for change in nonconforming use in
accordance with the following standards:
(a) The hours of operation are not increased.
(b) Undesirable effects such as noise, glare, vibration, smoke, dust, odor, or fire hazard are not
increased.
(c) Hazardous traffic conditions are minimized or not increased, and the amount of traffic is
not increased.
(d) Unsanitary conditions as a result of sewage disposal, air emissions, or other aspects of its
design or operation will not be created.§ 250-10.5. Nonconforming structures.
A. Repairs and alterations. A nonconforming structure may be repaired, altered, improved, or reconstructed.
B. Rebuilding. A nonconforming building or structure which is damaged or destroyed by fire, explosion, or act of God may be rebuilt at any time. At the option of the owner, the building or structure may be rebuilt upon the original footprint of the destroyed building or structure. Otherwise, the rebuilt structure must be constructed within the established setbacks for the underlying district.
C. Expansion. A nonconforming structure may be expanded after obtaining a permit from the same permitting authority that issues permits for a new structure, provided that the expansion does not increase the nonconformity of the structure or expand the area of a nonconforming use.
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ARTICLE 11
Board of Appeals
§ 250-11.1. Appointment and composition.
A. The Select Board shall appoint members of the Board of Appeals in accordance with the requirements of 30-A M.R.S.A. § 2691.
B. The Board shall consist of five members serving staggered terms of five years, appointed by the Select Board. The Select Board shall appoint two associate members to serve in the absence of regular members and for the same term as regular members. The Chairman of the Board of Appeals shall designate which associate member shall serve in the stead of the absent member for voting purposes. Upon the resignation or expiration of the term of a regular member, the Select Board may appoint an associate member to serve as a regular member for the duration of that member's term, in the case of resignation; or for a new term, in the case of expiration.
C. When there is a permanent vacancy of a full or associate member, the Secretary of the Board of Appeals shall immediately notify the Town Clerk. The Select Board shall within 60 days appoint a person to fill the unexpired term.
D. The Board shall elect annually a Chairman and Secretary from its membership. In the absence of the Chairperson, the Board shall elect an Acting Chairperson as necessary.
E. The Chairperson shall perform all the duties required by law, this chapter, or rules adopted by the Board. The Chairperson shall preside at all meetings of the Board and rule on issues of evidence, order, and procedure and shall take such other actions as are necessary for the efficient and orderly conduct of hearings, unless directed otherwise by a majority of the Board. The Chairperson shall appoint any committee found necessary to carry out the business of the Board.
F. The Secretary, subject to the direction of the Board and the Chairperson, shall keep minutes of all Board proceedings, showing the vote of each question. The Secretary shall also arrange proper and legal notice of hearings, attend to correspondence of the Board, and to other duties as are normally carried out by a Secretary. The Secretary shall keep a record of all resolutions, transactions, correspondence, findings and determinations of the Board, and shall prepare a complete record of each hearing, including dates(s), time(s), place(s) of the hearing(s); subject of the hearing; identification of each participant; any agreements made between parties and the Board regarding procedures; the testimony presented; findings of fact and conclusion; the decisions of the Board; and the date of issuance of the decision. All records are public and may be inspected at reasonable times.
G. The Acting Chairperson shall serve in the absence of the Chairperson and shall have all the powers of the Chairperson during the Chairperson's absence, disability, or disqualification.
§ 250-11.2. Conflict of interest.
A. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member form voting thereon shall be decided by a majority vote of the members, except the member whose potential conflict is under consideration.
B. The term "conflict of interest" shall be construed to mean direct or indirect pecuniary interest, which shall include pecuniary benefit to any member of the person's immediate family (parents, spouse, grandparents, children, grandchildren, e.g.) or employer or the employer of any member of the person's immediate family.
§ 250-11.3. Powers and duties. The powers and duties of the Board of Appeals shall be as follows:
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A. Administrative appeals. To hear and decide appeals by an aggrieved party as set forth below. The hearing on the appeal shall be considered a public hearing and subject to the public hearing notice requirements of § 250-11.7 below. The burden of proof shall be on the appellant to demonstrate that the decisionmaker whose decision is being appealed erred. The Board shall not conduct a de novo review but shall act in a purely appellate capacity and shall limit its review to the record evidence that was before the decisionmaker and the parties' arguments based on that record evidence. In acting on administrative appeals, the Board of Appeals may sustain or reverse the action of the decisionmaker or remand for further information or proceedings. The Board of Appeals may reverse the action being appealed only upon a finding that said action was clearly contrary to applicable provisions of this chapter or that the record evidence compels a different conclusion.
(1) Code Enforcement Officer. The Board of Appeals may hear and decide appeals where it has been alleged that there is an error in any action or failure to act made by the Code Enforcement Officer or in any other matter involving the Code Enforcement Officer in the administration or enforcement of this chapter, except that, with respect to Article 14, only final decisions by the Code Enforcement Officer granting or denying a permit shall be subject to appeal.
(2) Planning Board. The Board of Appeals may hear and decide appeals from any final decision of the Planning Board.
(3) Road Commissioner. The Board of Appeals may hear and decide appeals where it has been alleged that there is an error in any action or failure to act made by the Road Commissioner in the administration of this chapter.
(4) Historic Commission. The Board of Appeals may hear and decide appeals from any final decision of the Historic Commission.
B. Variances appeals. To authorize variances, within the limitations set forth in this chapter.
(1) Dimensional variance. The Board of Appeals shall not grant a variance from dimensional requirements unless it finds that:
(a) The proposed structure or use would meet the performance standards of this chapter except for the specific provision which has created the nonconformity and from which relief is sought; and
(b) The strict application of the terms of this chapter to the petitioner and the petitioner's property would cause undue hardship. The term "undue hardship" as used in this subsection means: [1] The land in question cannot yield a reasonable return unless a variance is granted; and [2] The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and [3] The granting of a variance will not alter the essential character of the locality; and
[4] The hardship is not the result of action taken by the applicant or a prior owner. (2) Disability variance. A disability variance may be granted pursuant to the following:
(a) The Board may grant a variance to an owner of a 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. For the purposes of this subsection, the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
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(b) The Board may impose conditions on the disability variance granted pursuant to this subsection, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling.
(c) The Board may grant a variance to an owner of a dwelling who resides in the dwelling, and who is a person with a permanent disability, for the construction of a place of storage and parking for a noncommercial vehicle owned by that person and no other purpose. The width and length of the structure may not be larger than two times the width and length of the noncommercial vehicle. The owner shall submit proposed plans for the structure with the request for the variance pursuant to this subsection to the Board. [1] The person with the permanent disability shall prove by a preponderance of the evidence that the person's disability is permanent. [2] For purposes of this subsection, "noncommercial vehicle" means a motor vehicle as defined in 29-A M.R.S.A. § 101, Subsection 42, with a gross vehicle weight of no more than 6,000 pounds, bearing a disability registration plate issued pursuant to 29- A M.R.S.A. § 521 and owned by the person with the permanent disability. [3] The Board may impose conditions on the variance granted pursuant to this subsection.
(d) For purposes of this subsection, "disability" has the same meaning as a physical or mental disability under 5 M.R.S.A. § 4553-A.
(3) Variances shall not be granted for establishment of any uses otherwise prohibited by this chapter,
except as provided for in § 250-10.4D for change of nonconforming use.
(4) The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure
conformance with the purposes and provisions of this chapter to the greatest extent possible, and
in doing so may impose such conditions on the variances as it deems necessary.
C. Ordinance interpretation. The Board may interpret the provisions of any Town ordinance which are
called into question. An interpretation may be made as part of an appeal or may be at the request of the
Select Board, Planning Board, Code Enforcement Officer, Local Plumbing Inspector or Road
Commissioner.
D. Limitations. The Board of Appeals may not hear appeals for requests for tax abatements or poverty
abatements.§ 250-11.4. Meetings.
A. The annual organization meeting of the Board of Appeals shall be the first regular meeting of each fiscal year.
B. The regular meeting of the Board shall be pursuant to a schedule adopted by the Board. The Chairperson shall call a meeting of the Board in response to a written request for an appeal or variance by any aggrieved party or property owner, or an interpretation request by a Town official as provided for above. Such a meeting shall be held within 30 days of receipt of a written application and the applicant and abutters and Town officials shall have at least seven days' notice of the meeting date.
C. Special meetings of the Board may be called by the Chairperson. At least 48 hours' written notice of the time, place, and business of the meeting shall be given to each member of the Board of Appeals, Select Board, Town Manager, Planning Board, and Code Enforcement Officer or Local Plumbing Inspector.
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D. All meetings of the Board of Appeals shall be open to the public, except executive sessions. No votes may be taken by the Board except in public meeting. The Board shall not hold executive sessions except for consultation between the Boards and its legal counsel concerning litigation or other legal matters where premature general public knowledge would clearly place the Town or Board at a disadvantage.
§ 250-11.5. Voting.
A. A quorum shall consist of three members of the Board. No hearing or meeting of the Board shall be held, nor any action taken, in the absence of a quorum; however, those members present shall be entitled to request the Chairperson to call a special meeting for a subsequent date. If a member has a conflict of interest, that member shall not be counted by the Board in establishing the quorum for such matter.
B. Decisions on any matter before the Board shall require the affirmative vote of a majority of the membership at the meeting or hearing but not less than three affirmative votes.
C. If the Board has associate members, the Chairperson shall appoint an associate member to act for a regular member who is disqualified from voting, unable to attend the hearing, or absent from any portion of the hearing due to late arrival. The associate member will act for the regular member until the case is decided.
D. No member shall vote on the determination of any matter requiring public hearing unless he or she has attended the public hearing thereon.
§ 250-11.6. Application procedure.
A. Any person aggrieved by an action that comes under the jurisdiction of the Board must file such application for appeal, in writing on forms provided by the Town, within 30 days of the granting or denial of a permit or application. The applicant shall file this appeal with the Board Secretary at the Town office, setting forth the grounds for the appeal. Upon receiving the application for appeal, the Board Secretary shall notify the Chairperson of the Board.
B. Any person requesting a variance that comes under the jurisdiction of the Board of Appeals must file an application for a variance, in writing on forms provided by the Town. The application must be filed with the Board Secretary, who, upon receiving the application shall notify the Chairperson of the Board.
C. The burden of proof shall be on the applicant.
D. The applicant shall submit eight copies of all application materials.
§ 250-11.7. Hearings.
A. The Board of Appeals shall schedule a public hearing on all appeals applications within 30 days of the filing of a completed application for an administrative appeal or variance. The thirty-day requirement may be extended by mutual agreement between the Board and the applicant.
B. The Board of Appeals shall cause notice of the date, time, and place of such hearing; the location of the building or lot referenced in the appeal; and the general nature of the question involved to be given to the applicant and to be published in a newspaper of general circulation in the municipality at least seven dates prior to the hearing. The Board shall also cause notice of the hearing to be given to the owners of abutting property, owners of the property referenced in the appeal (if not the applicants), the Select Board, the Planning Board, the Code Enforcement Officer, and the Plumbing Inspector (if relevant) at least 10 days prior to the date of the hearing.
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C. The Board of Appeals is authorized to adopt "Rules of Conduct and Procedures for Conducting Public
Hearings."§ 250-11.8. Decisions.
A. Decisions by the Board shall be made not later than 30 days from the date of the final hearing on the appeal or request. If the Board fails to make a decision within 30 days, and the time is not extended by mutual written consent, the appeal or request is deemed denied.
B. The final decision on any matter before the Board shall be made by written order signed by the Chairperson. The transcript of testimony, if any, and exhibits, together with all papers and requests filed in the proceedings, shall constitute the record. All decisions shall become part of the record and shall include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the materials issues of fact, law or discretion presented and the appropriate order, relief or denial thereof.
C. Notice of any decision shall be sent by certified mail or hand delivered to the applicant, his or her representative or agent, the Planning Board, the Code Enforcement Officer, and the Select Board within seven days of the decision.
D. Decisions of the Board shall be filed in the office of the Town Clerk and shall be made a public record. The date of filing of each decision shall be entered in the official records and minutes of the Board.
§ 250-11.9. Reconsiderations.
A. The Board may reconsider any decision made under this article within 45 days of its prior decision,
of its own accord, or upon the request of an aggrieved party. A request to the Board to reconsider must
be filed within 10 days of the decision to be reconsidered. A reconsideration vote and the action taken
on that reconsideration must be completed within 45 days of the date of the vote on the original
decision.
B. Reconsideration should be for one of the following reasons:
(1) The record contains significant factual errors due to fraud or mistake, regarding facts upon
which the decision was based; or
(2) The Board misinterpreted this chapter, followed improper procedures, or acted beyond its
jurisdiction.§ 250-11.10. Appeal to Superior Court.
Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may appeal to Superior Court in accordance with state laws within 45 days of the date of the vote on any decision of the Board of Appeals.
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ARTICLE 12
Historic Commission [Amended 4-5-2025]
§ 250-12.1. Historic Commission.
A. If any portion of the subdivision is in or abutting to any designated a site of historic or prehistoric importance by identified in the Comprehensive Plan or designated as a historic resource as set forth in § 200-5.15, the Comprehensive Plan, the National Register of Historic Places, or the Maine Historic Preservation Commission, the project shall be subject to advisory review by the Historic Commission in accordance with Article 12. Appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan. When the historic features to be protected include buildings, the placement and the architectural design of new structures in the subdivision shall be similar to the historic structures. The Board shall may seek the advice of the Maine Historic Preservation Commission in reviewing such plans.
(1) There is hereby established a Historic Commission, to replace the previously existing Historic District Commission, whose members shall be appointed by the Select Board. Any members of the previously existing Historic District Commission shall automatically become members of the Historic Commission as of the effective date of this section and shall serve the remainder of their terms.
(2) The Commission shall consist of five members and up to four alternate members, who shall be residents of the Town. Appointments shall be made on the basis of demonstrated interest, ability, experience and desire to promote historic preservation in the Town. The Select Board may require that an appointee complete training in historic preservation as a condition of any appointment.
(3) Appointments to the Historic Commission shall be for terms of three years, except in those instances in which the appointment is made to fill a vacancy in an unexpired term, in which case the appointment shall be for the remainder of the unexpired term.
(4) The Commission shall elect a Chair, Vice Chair and Secretary annually from among its
membership.
(5) The Commission may adopt bylaws or additional operating procedures consistent with the intent
of this article. Said bylaws shall be submitted to the Select Board for review and comment prior
to adoption.
(6) The Commission may expend funds as allocated in the annual Town budget. The Commission
may, with the approval of the Select Board, accept grants, donations or gifts of services and may
hold or expend the same as approved by the Select Board.
B. The Commission shall have the following duties which shall be exercised in accordance with this
article and any other provisions of the Town of Durham ordinances.
(1) Review all applications for permits pertaining to historic resources as required by § 250-5.15
and provide an advisory opinion to the permitting authority in accordance with this article.
(2) Review all proposed National Register nominations for properties within the Town's borders.
(3) Serve in an advisory role to Town government officials regarding local historical and cultural
resources and act as a liaison between local government and those persons and organizations
concerned with historic preservation.
(4) Conduct or initiate a continuing survey of local historic and cultural resources, in accordance
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with Maine Historic Preservation Commission guidelines.
(5) Work to provide continuing education on historic preservation issues to local citizens.
(6) Review and advise on the acceptance, administration and enforcement of any easements or
restrictive covenants granted to the Town to protect historic interests in the Town.
C. Advisory opinions.
(1) Applicability. An advisory opinion shall be obtained from the Historic Commission as required
by § 250-5.15.
(2) Vote. Any motion by the Historic Commission to recommend in favor, in favor with conditions,
or against an application shall be taken in a public meeting, after opportunity for comment from
the applicant and members of the public. Following the vote, the Historic Commission shall send
a summary of its findings and recommendation, along with the final results of its vote.
(3) Standards. In making its recommendations regarding an application under § 250-5.15, the
Historic Commission shall consider and apply the standards set forth in that section.
(4) Process. Where review by the Historic Commission is required, the Code Enforcement Officer
shall forward the land use application and any required additional materials to the Commission
for its review prior to any further action by the reviewing authority. The materials submitted to
the Commission shall contain at least the following information or documentation unless any
items are waived by the Commission:
(a) The applicant's name, address and interest in the property, such as owner or lessor.
(b) The owner's name and address, if different from the applicant's.
(c) The address or location of the property.
(d) The present use and zoning classification of the property.
(e) A brief description of the construction, reconstruction, remodeling, alteration,
maintenance, demolition or moving proposed.
(f) A drawing or drawings indicating the design, texture, color (example: shingles) and the
location of any proposed alteration or new construction for which the certificate is required.
As used herein, "drawings" shall mean plans and exterior elevations drawn to scale, with
sufficient detail to show, as far as they relate to exterior appearances, the architectural
design of the buildings, including materials and textures, including samples of any brick,
shingles or siding proposed to be used. Drawings shall be clear and drawn to scale.
(g) Photographs of the structures involved and of immediately adjacent buildings.
(h) A site plan indicating any proposed changes involving walls, walks, access to buildings,
signs and outdoor light fixtures, including all exterior equipment and appurtenances
located on the roof, in the walls and on the ground.
(ii) If the proposal is to relocate or demolish a structure, a statement as to why the demolition
or relocation is sought instead of preservation in place.
D. Administrative procedures.(1) Notice to owner: Within 15 days of submission of the application to the Commission, the Commission or Code Enforcement Officer shall inform the following persons by mail of the application and meeting date: the applicant, owners of abutting property, the Durham Historical
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Society and the Commission's consultants and professional advisors, if any. For purposes of this notice, the "owners" of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person to receive notices shall not necessitate another hearing or invalidate any action by the Commission.
(2) The Commission shall make adequate provision for public comment, giving precedence to owners of abutting property. The Commission shall also review any submitted written comments.
(3) The Commission shall make its recommendations on the project within 45 days of the receipt of the completed application, unless the applicant has agreed to waive that deadline.
(4) The Commission's recommendation on an application shall not be considered a final decision and there shall be no means of appealing such recommendation. Only the reviewing authority's final decision may be appealed.
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ARTICLE 13
Aquifer Protection
§ 250-13.1. Purpose. The purpose of the Aquifer Protection Overlay District is to protect the quality and quantity of groundwater resources within the Town of Durham by regulating activities and land use practices, and thereby preserve groundwater resources for present and future use by the Town and its residents. In particular, the Town wishes to:
A. Encourage conservation of land as open space or for recreational use over sand and gravel aquifers as highly compatible with the preservation of groundwater quality and quantity.
B. Prohibit the handling of hazardous or leachable materials over sand and gravel aquifers, because these materials may readily degrade water quality as the result of improper handling or accident.
C. Minimize the maintenance and refueling of heavy equipment over sand and gravel aquifers, because
the fluids used in such maintenance may degrade groundwater quality if dumped or spilled.
D. Prevent land uses which disturb soil, leading to increased erosion during periods of high groundwater,
as loss of topsoil increases an aquifer's susceptibility to contamination.§ 250-13.2. Lot size.
A. Minimum lot size. The minimum lot size for all land uses which utilize on-site wastewater disposal within the Aquifer Protection Zone, except mobile homes in a mobile home park, shall be three acres. This is the acreage at which subsurface waste disposal systems are unlikely to degrade groundwater quality to within fifty (50%) percent of the Maine Maximum Contaminant Level (10-144A CMR 231, Rev. 8/83) for nitrate. This maximum contaminant level is 10 milligrams per liter (mg/L) aine Maximum Contaminant Level (10-144A CMR 231, Rev. 8/83) for nitrate.
B. Increased lot size for larger homes. Single-family residences which are larger than three bedrooms must be located on a lot whose size is determined by:
Lot size = (sq. ft.) No. persons x 9.1 (1 lb. N-No/person/year) x 192,221.0
12(inch/year) x (5 mg/1-1 mg/l)§ 250-13.3. Lot coverage. No more than 50% of that portion of the lot within the Aquifer Protection Overlay District shall be stripped of existing vegetation without replacement with similar vegetation, and no more than 10% of the total lot area shall be rendered impervious, except that for municipal lots, no more than 20% of the total lot area shall be rendered impervious.
§ 250-13.4. Mobile homes in mobile home parks.
Mobile homes in mobile home park may be located on lots smaller than three acres only when the lot size proposed by the applicant does not pose an unreasonable threat to quality of the underlying aquifer, as determined by the Planning Board. In determining whether or not a proposed mobile home lot poses an unreasonable threat to the quality of the aquifer, the Planning Board shall require the applicant to provide a thorough hydrogeological assessment of the proposed site and the contiguous area, including any classified surface waters, significant sand and gravel aquifers and fractured bedrock aquifers which could be affected by the proposed development under normal circumstances or in the event of unforeseen circumstances including the failure of the subsurface water disposal system. The assessment shall include a description of the groundwater flow rates, directions of groundwater flow in both horizontal and vertical directions, and the degree of dilution or attenuation of any contaminants that may be released by the proposed development and may flow toward surface water or aquifer.
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§ 250-13.5. Agriculture.
A. Use of "limited or restricted" pesticides, as defined by the Maine Pesticides Control Board (1987), is
prohibited.
B. Spray irrigation of wastewater is prohibited. Spreading of sludge is limited to that quantity removed
from the on-site septic tank and must be conducted in compliance with the Manure Utilization
Guidelines (Maine Department of Agriculture, Conservation and Forestry).
C. The weight of manure spread must not exceed that recommended for appropriate soil type under the
Manure Utilization Guidelines (Maine Department of Agriculture, Conservation and Forestry).
D. All manure piles stored for more than a nine-month period must be located on an impermeable surface
and covered to prevent leachate from the pile from degrading groundwater quality.
E. Application rate of commercial, inorganic nitrogen fertilizers must not exceed the available nitrogen
loading specified in the Manure Utilization Guidelines (Maine Department of Agriculture,
Conservation and Forestry) for the soil type on a particular lot.
F. Maintenance and emergency repair of farm machinery must be conducted so as to prevent drainage
or disposal of oil, fuel or solvents onto the ground.
G. Areas such as feeds troughs, where livestock congregate and manure is likely to accumulate, must be
located on an impervious surface or manure must be cleared at least quarterly, except when the ground
is frozen.§ 250-13.6. Timber harvesting.
A. Use of skidders and other heavy equipment is prohibited March 15 to April 30 (mud season) each
year, as this is typically the period when the ground is saturated.B. Regular maintenance of vehicles and heavy equipment is not permitted at the harvest site within the Aquifer Protection Overlay District. However, emergency maintenance and emergency repair may be conducted at the harvest site if conducted so as to prevent drainage or disposal of oil, fuel or solvents onto the ground.
§ 250-13.7. Existing sand and gravel extraction.
A. Extraction of sand and gravel within two feet of the seasonal high-water table is prohibited. Groundwater may not be artificially lowered to allow for ore extraction.
B. Refueling or maintenance of mobile equipment, including vehicles, and heavy equipment is not permitted within the pit in the Aquifer Protection Overlay District. Gravel-sorting equipment which must be set up within the pit on a long-term basis may be maintained in place, provided that maintenance and refueling are conducted so as to prevent drainage or disposal of oil, fuel or solvents onto the ground. Emergency repair of mobile equipment within the pit must be conducted so as to prevent drainage or disposal of oil, fuel or solvents onto the ground.
C. The pit shall not be used to dump or store any substance other than sand and gravel.
§ 250-13.8. Storage tanks.
A. Petroleum storage (greater than fifty-five-gallon capacity). In the Groundwater Protection Overlay District, larger petroleum storage tanks shall comply with NFPA Standard No. 30. All permanent petroleum storage tanks shall be aboveground or indoor and shall have secondary containment system of an impermeable, diked area which is large enough to contain the contents of the tank, plus 15%. A tank located in a basement with impervious floors and walls used to store fuel to heat the building shall be considered to be in conformance.
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B. Portable tanks (less than or equal to fifty-five-gallon capacity). Tanks shall be placed on an impermeable surface which measures no less than five feet by five feet. Portable tanks must also be isolated from vehicular traffic by warning posts or barriers to prevent the tanks from being ruptured by motor vehicle traffic. No more than two portable tanks are permitted on a single five-by-five pad.
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ARTICLE 14
Shoreland Zoning
§ 250-14.1. Purpose. The purposes of this article 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; to protect commercial fishing and maritime industries; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover and visual as well as actual points of access to waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
§ 250-14.2. Authority. This article has been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 448.
§ 250-14.3. Applicability of shoreland zoning review. This article applies to the following areas of Durham:
A. All land areas within 250 feet, horizontal distance, of the normal high-water line of Runaround Pond;
B. All land areas within 250 feet, horizontal distance, of the normal high-water line of the Androscoggin
River;
C. All land areas within 250 feet, horizontal distance, of the upland edge of a nonforested wetland
consisting of 10 or more contiguous acres; and
D. All land areas within 100 feet, horizontal distance, of the normal high-water line of a stream as
defined for shoreland zoning.§ 250-14.4. Effective date; amendments.
This article, which was adopted at Town Meeting on December 9, 2019, and amended on November 3, 2020, and any subsequent amendments shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the article, or article amendment, attested and signed by the municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this article or article amendment within 45 days of receipt of the article or article amendment, it shall be automatically approved. Any application for a permit submitted to the municipality within the forty-five-day DEP review period shall be governed by the terms of this article, or article amendment, if the article, or article amendment, is approved by the Commissioner.
§ 250-14.5. Copy on file.
A certified copy of this article shall be filed with the municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this article shall be posted.
§ 250-14.6. Conflict with other provisions.
Whenever a provision of this article conflicts with or is inconsistent with another provision of this article or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control.
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§ 250-14.7. Districts and Zoning Map.
The areas to which this article is applicable are hereby divided into the following districts as shown on the
Official Durham Zoning Map, which is made a part of this article:
A. Shoreland Zoning Overlay Districts:
(1) Resource Protection.(2) Limited Residential.
B. Changes to the Zoning Map affecting Article 14. If amendments, in accordance with § 250-14.4, are made in the district boundaries or other matter portrayed on the Zoning Map that affect any area subject to applicability of this article, such changes shall be made on the Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
§ 250-14.8. Land use requirements. Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof 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.
§ 250-14.9. Establishment of districts.
A. Resource Protection (Shoreland Zoning). The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values as indicated by the following geographical features and dimensions:
(1) All areas within 250 feet, horizontal distance, from the normal high-water lines of Runaround Pond and the Androscoggin River;
(2) Areas within 250 feet, horizontal distance, of the upland edge of nonforested wetlands of 10 or more acres which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the 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;
(3) Areas within 250 feet, horizontal distance, of the upland edge of nonforested wetlands of 10 or more acres that consist of two or more contiguous acres with sustained slopes of 20% or greater;
(4) Areas of two or more contiguous acres within the areas subject to shoreland zoning regulations per § 250-14.3 that support wetland vegetation and hydric soils and which are not part of a nonforested wetland of 10 or more acres and which are not surficially connected to a water body during the period of normal high water;
(5) Floodplains 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; and
(6) All land areas within 100 feet, horizontal distance, of the normal high-water line of a stream
shown on the most recent, highest-resolution version of the national hydrography dataset
available from the United States Geological Survey (USGS Topography Map).
B. Limited residential (shoreland zoning). The Limited Residential District includes areas located within
134250 feet of a nonforested wetland of 10 or more acres which are not surficially connected to a water body during normal high water and that do not contain the resources or development limitations of Subsection A(2), (3), and (4) above that are required to be in shoreland zoning per the Mandatory Shoreland Zoning Act.113
§ 250-14.10. Land uses in shoreland zone.
All land use activities within the Shoreland Zoning Overlay District, as indicated in § 250-4.1, Table of Land Uses, shall conform with all of the applicable land use standards in § 250-14.11. Any use not specifically listed in § 250-4.1 is prohibited.
§ 250-14.11. Land use standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable:
A. Minimum lot standards. For all uses covered by shoreland zoning, the following lot standards shall apply:
(1) Minimum lot size is 90,000 square feet and the minimum shore frontage for lots that front on the Androscoggin River, Runaround Pond, and for freshwater wetlands and streams regulated by shoreland zoning is 300 feet for governmental and institutional uses and extractive industries and gravel pits, and 200 feet for all other uses. Land that is part of the same lot that is located outside of shoreland zoning may be counted for establishing the minimum lot size, provided that a minimum of 40,000 square feet of land is located in the shoreland zone for residential uses and that a minimum of 60,000 square feet of land is located in the shoreland zone for all other uses.
(2) Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
(3) Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
(4) The minimum lot width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of the Androscoggin River, Runaround Pond, and for freshwater wetlands and streams regulated by shoreland zoning shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
(5) If 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, or use.
B. Principal and accessory structures.
(1) All new principal and accessory structures for permitted uses shall be set back at least 100 feet, horizontal distance, from the normal high-water line of protected water bodies, tributary streams, or the upland edge of a wetland (all protected resources) included in the shoreland zone district as determined by § 250-14.3. In the Resource Protection District, the setback requirement shall be 250 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.
(2) 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 uses.
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(3) Principal or accessory structures and expansions of existing structures which are permitted in the Shoreland Zoning Overlay shall not exceed 35 feet in height.
(4) The lowest-floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils. Accessory structures may be placed in accordance with the standards of Article 15, Floodplain Management, that is consistent with the April 2005 or later version under the National Flood Insurance Program.
(5) Nonvegetated surfaces shall not exceed 20% of the portion of the lot located within the shoreland zone. Nonvegetated surfaces include, but are not limited to, the following: structures, driveways, parking areas, and other areas from which vegetation has been removed. This limitation shall not apply to public boat-launching facilities.
(6) Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:
(a) The site 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 protected resource;
(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
vegetative plantings;
(d) The total height of the wall(s), in the aggregate, is no more than 24 inches;
(e) Retaining walls are located outside of the 100-year floodplain on rivers, streams, 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 floodplain soils;
(f) 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
and decks; and
(g) A vegetated buffer area is established within 25 feet, horizontal distance, of the protected
resource when a natural buffer area does not exist. The buffer area must meet the following
characteristics:
[1] The 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
mulch;
[2] Vegetation plantings must be in quantities sufficient to retard erosion and provide for
effective infiltration of stormwater runoff;
[3] Only native species may be used to establish the buffer area;
[4] A minimum buffer width of 15 feet, horizontal distance, is required, measured
perpendicularly to the normal high-water line or upland edge of a wetland; and
[5] A footpath not to exceed the standards in Subsection N(2)(a) may traverse the buffer.
(7) Notwithstanding the requirements stated above, stairways or similar structures may be allowed
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with a permit from the Code Enforcement Officer to provide shoreline access in areas of steep
slopes or unstable soils, provided that:
(a) The structure is limited to a maximum of four feet in width;
(b) The structure does not extend below or over the normal high-water line of a water body or
upland edge of a wetland (unless permitted by the Department of Environmental Protection
pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and
(c) The applicant demonstrates that no reasonable access alternative exists on the property.C. Piers, docks, wharves, bridges and other structures and uses extending or located below the normal high-water line of a water body or within a wetland; and shoreline stabilization.
(1) No more than one structure extending or located below the normal high-water line of a 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 Subsection A(1), a second structure may be allowed and may remain as long as the lot is not further divided.
(2) Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(3) The location shall not interfere with existing developed or natural beach areas.
(4) The facility shall be located so as to minimize adverse effects on fisheries.
(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 of the area. A temporary pier, dock or wharf shall not be wider than six feet for noncommercial uses.
(6) No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending or located below 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 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 Resources Protection Act.
(8) No existing structures built on, over or abutting a pier, dock, wharf or other structure extending or located below the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
(9) Structures built on, over or abutting a pier, wharf, dock or other structure extending or located below the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(10) The Planning Board may approve shoreline stabilization of an eroding shoreline, provided that the following requirements are met:
(a) Construction equipment must access the shoreline by barge when feasible, as determined
by the Planning Board.
(b) When necessary, the removal of vegetation to allow for construction equipment access to
the stabilization site via land must be limited to no more than 12 feet in width. When the
shoreline stabilization is complete, the construction equipment accessway must be restored.
(c) Any restoration or revegetation shall occur in accordance with Subsection Q.
D. Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state
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licensing procedures and the following standards:
(1) Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and
driveways, for each site. Land supporting wetland vegetation and land below the normal high-
water line of a water body shall not be included in calculating land area per site.
(2) The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service
buildings shall be set back a minimum of 100 feet, horizontal distance, from a protected resource.
E. Parking areas. Parking areas in areas covered by a Shoreland Zoning Overlay District shall meet the
following standards in addition to the site plan review standards of Article 8:(1) Parking areas shall meet the protected resource setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat-launching facilities shall be no less than 50 feet, horizontal distance, from the protected resource if the Planning Board finds that no other reasonable alternative exists further from the protected resource.
(2) Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a protected resource and, where feasible, to retain all runoff on-site.
(3) In determining the appropriate size of proposed parking facilities, the following shall apply:
(a) Typical parking space. Approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.
(b) Internal travel aisles. Minimum of 20 feet wide.
F. Roads and driveways. The following standards shall apply to the construction of roads and/or
driveways and drainage systems, culverts and other related features:(1) Roads and driveways shall be set back at least 100 feet, horizontal distance, from a protected resource unless no reasonable alternative exists, as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the protected resource. 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 of the protected resource.
(2) On slopes of greater than 20%, the road and/or driveway setback of Subsection F(1) above shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%.
(3) The setbacks of Subsection F(1) above do not apply to approaches to water crossings. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Subsection F(1) above, except for that portion of the road or driveway necessary for direct access to the structure.
(4) Existing public roads may be expanded within the legal road right-of-way, regardless of their setback from a protected resource.
(5) 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 to provide access to 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 protected resource.
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(6) Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection R.
(7) Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.
(8) In order to prevent road and driveway surface drainage from directly entering protected resources, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet, plus two times the average slope, in width between the outflow point of the ditch or culvert and the protected resource. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
(9) 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 following shall apply:
(c) 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:
Grade Spacing Spacing
(percent) (feet)
0% to 2% 250
3% to 5% 200 to 135
6% to 10% 100 to 80
11% to 15% 80 to 60
16% to 20% 60 to 45
21% + 40(a) Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
(b) On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a 30° angle downslope from a line perpendicular to the center line of the road or driveway.
(c) 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 materials.
(10) Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
G. Signs. Notwithstanding the standards contained in § 250-5.24, signs in the Shoreland Zone Overlay District shall meet the following requirements. If there is conflict between the sign standards, the stricter standard shall apply:
(1) Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six square feet in area and shall not exceed two signs per premises. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.
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(2) Name signs are allowed, provided such signs shall not exceed two signs per premises, and shall
not exceed 12 square feet in the aggregate.
(3) Residential users may display a single sign not over three square feet in area relating to the sale,
rental, or lease of the premises.
(4) Signs relating to trespassing and hunting shall be allowed without restriction as to number,
provided that no such sign shall exceed two square feet in area.
(5) Signs relating to public safety shall be allowed without restriction.
(6) No sign shall extend higher than 20 feet above the ground.(7) Signs may be illuminated only by shielded, nonflashing lights.
H. Stormwater runoff. All new construction and development shall be designed to minimize stormwater 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. Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
I. Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules. Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 100 feet, horizontal distance, from the protected resource. A holding tank is not allowed for a first-time residential use in the shoreland zone.
J. Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety. Mineral extraction may be permitted under the following conditions:
(1) A reclamation plan shall be filed with, and approved by, the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection J(3) below.
(2) No part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of a protected resource. Extraction operations shall not be permitted within 50 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.
(3) Within 12 months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive twelve-month period, ground levels and grades shall be established in accordance with the following:
(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 covered on-site.
(b) The final graded slope shall be 2 1/2:1 slope or flatter.
(c) Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources, if necessary, to complete the stabilization project.
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(4) In keeping with the purposes of this chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.
K. Essential services. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
(1) The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection District except to provide services to a permitted use within said district or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
(2) Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
L. Agricultural uses. In addition to the provisions of § 250-5.3, the following standards shall apply to agriculture in the Shoreland Zoning Overlay District. In cases of conflict between provisions, the stricter standard shall apply:
(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, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209).
(2) Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a protected resource. All manure storage areas within the Shoreland Zoning Overlay District must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.
(3) Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the shoreland zone shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this article.
(4) There shall be no new tilling of soil within 100 feet, horizontal distance, of the protected resource. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
(5) Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the protected resource. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions, may continue, provided that such grazing is conducted in accordance with a conservation plan that has been filed with the Planning Board.
M. Timber harvesting. Repealed.
N. Clearing or removal of vegetation for activities other than timber harvesting. The following standards shall apply to the cutting or removal of vegetation within the Shoreland Zoning Overlay District:
(1) In the Resource Protection District surrounding Runaround Pond, there shall be no cutting of vegetation within the protected resource buffer extending 100 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees in accordance with Subsection P(1). Elsewhere, in any Resource Protection District, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
(2) Except in areas as described in Subsection N(1) above, within a buffer extending 100 feet, horizontal distance, from a protected resource, vegetation shall be preserved as follows:
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(a) There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a 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 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 is not created. Selective cutting of trees within the protected resource buffer is allowed, provided that a well- distributed stand of trees and other natural vegetation is maintained. For the purposes of this subsection, a "well-distributed stand of trees" shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot rectangular (1250 square feet) area as determined by the following rating system:
Diameter of Tree at 4.5 feet Above Ground
Level
(inches) Points
2<4 1
4<8 2
8 < 12 4
12 or greater 8
(b) The following shall govern in applying this point system:
[1] The twenty-five-foot by fifty-foot rectangular plots must be established where the
landowner or lessee proposes clearing within the required buffer;
[2] Each successive plot must be adjacent to, but not overlap, a previous plot;
[3] Any plot not containing the required points must have no vegetation removed except
as otherwise allowed by this chapter;
[4] Any plot containing the required points may have vegetation removed down to the
minimum points required or as otherwise allowed by this chapter;[5] Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.
(c) For the purposes of this subsection, "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter DBH for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.
(d) Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter DBH may be removed in any ten-year period.
(e) In order to protect water quality and wildlife habitat, existing vegetation under three 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 a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems for accessing the shoreline, provided that a cleared line of sight to the water through the buffer is not created.
(f) Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(g) In order to maintain the vegetation in the protected resource buffer, removal of storm-
damaged, hazard or dead trees and any required replanting shall occur in accordance with
142Subsection Q.
(h) In order to maintain the vegetation in the protected resource buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the protected resource buffer must comply with the requirements of Subsection N(2) above.
(i) At distances greater than 100 feet, horizontal distance, from a protected resource, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter DBH. Tree removal in conjunction with the development of permitted uses shall be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.
(j) In 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% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision applies to the portion of the lot within the shoreland zone, including the protected resource buffer area.
(k) Legally existing nonconforming cleared openings may be maintained in accordance with the exemptions allowed in Subsection O below. If these areas, fields or other cleared openings have reverted back to primarily woody vegetation as a result of not maintaining them in accordance with Subsection O, then the provisions of this Subsection N shall apply.
O. Exemptions to clearing or removal of vegetation for activities other than timber harvesting. The following activities are exempt from the standards for clearing or removal of vegetation set forth in Subsection N above, provided that all other applicable requirements of this article are complied with, and the removal of vegetation is limited to that which is necessary:
(1) The clearing or removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the standards of Subsection N above, such as but not limited to cleared openings in the canopy or fields. If any of these areas revert back to primarily woody vegetation due to a lack of removal of vegetation every two years, the requirements of Subsection N shall apply.
(2) The clearing or removal of vegetation from the location of allowed structures or allowed uses when the protected resource setback requirements of Subsection B are not applicable.
(3) The clearing or removal of vegetation from the location of public swimming areas associated with allowed public recreational facilities.
(4) The clearing or removal of vegetation associated with allowed agricultural uses, provided that all requirements of Subsection L are complied with and that best management practices are utilized.
(5) The clearing or removal of vegetation associated with brownfields or voluntary response action program projects pursuant to 38 M.R.S.A. § 343-E, provided that the clearing or removal of vegetation is necessary for remediation activities to clean up contamination.
(6) The clearing or removal of nonnative invasive vegetation, provided that the following requirements are met:
(a) If clearing or removal of vegetation occurs via wheeled or tracked motorized equipment, then the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the protected resource, except that the wheeled or tracked motorized equipment may be operated or stored on existing structural surfaces such as pavement or gravel;
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(b) The clearing or removal of vegetation within 25 feet, horizontal distance, of the protected
resource occurs via hand tools; and
(c) If the clearing or removal of nonnative invasive vegetation results in a standard of
Subsection N being exceeded, then the area shall be revegetated in accordance with
Subsection Q to achieve compliance with the applicable standard(s) of Subsection N.
(7) The clearing or removal of vegetation associated with emergency response activities conducted
by the Maine Department of Environmental Protection, the U.S. Environmental Protection
Agency, and their agents.
P. Hazard trees, dead trees, and storm-damaged trees. Hazard trees, dead trees, and storm-damaged trees
may be removed without a permit after consultation with the Code Enforcement Officer, provided the
following requirements are met:
(1) Hazard trees. Hazard trees may be removed subject to the following standards:
(a) Within the protected resource buffer, if the removal of a hazard tree results in a cleared
opening in the tree canopy greater than 250 square feet, the opening shall be replaced with
native tree species unless there is new tree growth already present near to where the hazard
tree was removed. New tree growth is considered to be at least two inches in diameter
DBH. If new growth is not present, then replacement trees shall consist of native species,
be at least four feet in height and be no less than two inches DBH. Stumps shall not be
removed.
(b) Outside the protected resource buffer, if the removal of hazard trees results in more than
40% of the volume of trees four inches or more in diameter DBH being removed in any
ten-year period or results in cleared openings of more than 25% of the lot area within the
Shoreland Zoning Overlay District or more than 10,000 square feet, whichever is greater,
then replacement with native tree species is required unless there is new tree growth already
present near to where the hazard tree was removed. New tree growth is considered to be at
least two inches in diameter DBH. If new growth is not present, then replacement trees
shall consist of native species and be no less than two inches in diameter DBH.
(c) The Code Enforcement Officer may require the applicant to submit an evaluation from a
licensed forester or arborist before any hazard tree can be removed within the Shoreland
Zoning Overlay District.
(d) The Code Enforcement Officer may require more than a one-for-one replacement for
removed hazard trees that exceeded eight inches diameter DBH.
(2) Dead trees. Dead trees may be removed subject to the following standards:
(a) The trees are dead from natural causes. Dead trees are those that contain no foliage during
the growing season.
(b) The removal of dead trees does not result in the creation of new lawn areas or other
permanently cleared areas.
(c) Stumps shall not be removed.
(3) Storm-damaged trees. Storm-damaged trees may be removed subject to the following standards:
(a) Within the protected resource buffer, if the removal of storm-damaged trees results in a
cleared opening in the tree canopy greater than 250 square feet, the following shall be
required:144
[1] The area shall be required to naturally revegetate. If, after one growing season, no
natural regeneration or regrowth is present, replanting of native tree seedlings or
saplings shall be required at a density of one seedling/sapling per every 80 square feet
of open canopy.
[2] The removal of storm-damaged trees does not result in the creation of new lawn areas
or other permanently cleared areas.
[3] Stumps shall not be removed.[4] Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree.
(b) Outside the protected resource buffer, if the removal of storm-damaged trees results in more than 40% of the volume of trees, four inches or more diameter DBH, being removed in any ten-year period or results in cleared openings of more than 25% of the lot area within the Shoreland Zoning Overlay District or more than 10,000 square feet, whichever is greater; then the area shall be required to naturally revegetate. If, after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings shall be required on a one-for-one basis.
Q. Revegetation requirements. When revegetation is required to address the removal of nonnative invasive species of vegetation, to address removal of vegetation in conjunction with protected resource stabilization, in response to violations of the standards set forth in Subsection N, or as a mechanism to allow for development that may otherwise not be permissible due to the standards of Subsection N, then revegetation shall comply with the following requirements:
(1) The applicant must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include a 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 of all vegetation to be planted.
(2) Revegetation must occur along the same segment of the protected resource and in the same area where vegetation was removed and must occur at a density comparable to the preexisting vegetation. If this is not feasible due to protected resource stabilization, then revegetation must occur along the same segment of protected resource and as close as possible to the area where vegetation was removed.
(3) If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.
(4) Revegetation activities must meet the following requirements for trees and saplings:
(a) All trees and saplings removed must be replaced with native noninvasive species;
(b) Replacement vegetation must consist of saplings at a minimum;
(c) If more than three trees or saplings are planted, then at least three different species shall be
used;
(d) No one species shall make up 50% or more of the number of trees and saplings planted;
(e) If revegetation is required for protected resource stabilization and it is not possible to plant
trees and saplings in the same area where trees or saplings were removed, then trees or
saplings must be planted in a location that effectively reestablishes the screening between
the protected resource and structures; and
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(f) A survival rate of at least 80% of planted trees/saplings is required for a minimum of five
years.
(5) Revegetation activities must meet the following requirements for all woody vegetation and for
other vegetation under three feet in height:
(a) Woody vegetation and vegetation under three feet in height shall be planted in quantities
and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;
(b) If more than three woody vegetation plants are to be planted, then at least three different
species shall be planted;
(c) No one species shall make up 50% or more of the number of planted woody vegetation
plants; and
(d) Survival of planted woody vegetation and vegetation under three feet in height must be
sufficient to remain in compliance with the standards contained in Subsection Q for a
minimum of five years.
(6) Revegetation activities must meet the following requirements for ground vegetation and ground
cover:
(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 for effective
infiltration of stormwater;
(b) Where necessary due to a lack of sufficient ground cover, the area must be supplemented
with leaf mulch and/or bark mulch at a minimum of four inches deep to prevent erosion
and provide for effective infiltration of stormwater; 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 a minimum of
five years.(7) Erosion and sedimentation control. In addition to the standards of § 250-5.12, the following erosion and sedimentation control standards shall apply to all activities conducted in the Shoreland Zoning Overlay District. Where there is any conflict between provisions, the stricter standard shall apply:
(8) 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 be submitted to the 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 structures such as retaining walls or riprap.
(9) In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
(10) Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
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(11) Any exposed ground area shall be temporarily or permanently stabilized within one week of the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
(a) Where mulch is used, it shall be applied at a rate of at least one bale per 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 be required to maintain the mulch cover.
(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.
(12) Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater and shall be stabilized with vegetation or lined with riprap.
(13) When an excavation contractor will perform an activity that requires or results in more than one cubic yard of soil disturbance, compliance with the following shall be required:
(a) A person certified in erosion control practices by the Maine Department of Environmental Protection shall be responsible for management of erosion and sedimentation control practices at the site. This person shall be present at the site each day these activities occur for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until installation of erosion and sedimentation control measures that will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion.
(b) Include, on the required plan or permit application, the name and certification number of the person who will oversee activities causing or resulting in soil disturbance.
R. Soils analysis. 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 construction in the Shoreland Zoning Overlay District shall require a soils report based on an on-site investigation and be prepared by state-licensed professionals. Licensed persons may include Maine licensed soil scientists, Maine licensed professional engineers, Maine state-licensed geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
S. Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the protected resource.
T. Archaeological sites. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
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§ 250-14.12. Nonconformance.
A. Purpose. It is the intent of this article to promote land use conformities in the shoreland zone, except that nonconforming conditions that existed before the effective date of this article or amendments thereto shall be allowed to continue, subject to the requirements set forth in this § 250-14.12. Except as otherwise provided in this article, a nonconforming shoreland zone condition shall not be permitted to become more nonconforming.
B. Transfer of ownership. Shoreland nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this article.
C. Repair and maintenance. This article allows, without a permit, the normal upkeep and maintenance of shoreland nonconforming uses and structures, including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.
D. Expansions of nonconforming shoreland structures. All new structures must meet the setback from protected resources requirements contained in § 250-14.11B. A nonconforming shoreland 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 not increase the nonconformity of the structure and is in accordance with the subsections of this Subsection D:
(1) Expansion of an accessory structure that is located closer to the normal high-water line of a water body, tributary stream or upland edge of a wetland (protected resource) than the principal structure is prohibited, even if the expansion will not increase nonconformity with the protected resource setback requirement.
(2) Expansion of any portion of a principal structure within 25 feet of a protected resource is prohibited, even if the expansion will not increase nonconformity with the protected resource setback requirement. Notwithstanding the subsection above, if a nonconforming principal structure is located entirely within 25 feet of a protected resource, that structure may be expanded, provided that it meets the following limitations and all applicable standards of this article:
(a) The maximum total footprint of the principal structure may not be expanded to a size greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater.
(b) The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.
(3) All other legally existing nonconforming principal and accessory structures that are more than 25 feet from the protected resource but do not meet the required protected resource setback requirements may be expanded or altered as follows, as long as all other applicable standards of this article are met, and do not increase the nonconformity of the existing structure, and meet the following limitations:
(a) For existing nonconforming structures located less than 75 feet from the protected resource, the maximum combined total footprint of all structures may be expanded to a size no greater than 1,000 square feet or 30% of the footprint that existed on January 1, 1989, whichever is greater, and the maximum height of any structural expansion may be up to 20 feet or the height of the existing structure, whichever is greater.
(b) For existing nonconforming structures located less than 100 feet from the protected resource, the maximum combined total footprint of all structures may be expanded to a size no greater than 1,500 square feet or 30% larger than the footprint that existed on January
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1, 1989, whichever is greater, and the maximum height of any structural expansion may be up to 25 feet or the height of the existing structure, whichever is greater.
(c) Portions of structures within the setback distances covered in Subsection D(3)(a) and (b) above shall meet the limitations of those subsections for the portions within them.
(d) For existing nonconforming structures located within the Resource Protection District, in addition to the limitations of Subsection D(3)(a), (b), and (c), above, those portions of the structure located beyond 100 feet from the protected resource may be expanded to a maximum combined total footprint for all structures located within the Resource Protection District that is no greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structural expansion may be up to 25 feet or the height of the existing structure, whichever is greater.
(4) Any approved plan for expansion of a nonconforming structure under Subsection D must be recorded by the applicant in the Registry of Deeds of the county in which the property is located within 90 days of approval. The recorded plan must include the existing and proposed footprint of structures on the property, the existing and proposed height of structures on the property, the shoreland zone boundary and evidence of approval by the municipal permitting authority.
E. Placement of foundations under existing nonconforming structures. Whenever a new, expanded or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the protected resource setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Subsection F below.
F. Relocation of existing nonconforming structures. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules) or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming with regards to moving closer to the protected resource than the setback of the existing structure:
(1) In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
(2) When it is necessary to remove vegetation within the protected resource 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 follows:
(a) Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.
(b) Other woody and herbaceous vegetation and ground cover that are removed or destroyed in order to relocate a structure must be reestablished. 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
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similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
(c) 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
a combination thereof.
(d) The Planning Board may also require replanting in accordance with § 250-14.11Q.G. Reconstruction or replacement (greater than 50%). Any nonconforming structure which is located less than the required setback from a protected resource 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 18 months of the date of said damage, destruction, or removal subject to the following standards:
(1) Such reconstruction or replacement is in compliance with the protected resource setback requirement to the greatest practical extent as determined by the Planning Board in accordance Subsection F above. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity by moving closer to a water body or protected resource.
(2) If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection D above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total amount of footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure.
(3) 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 Subsection F, the physical condition and type of foundation present, if any.
(4) When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection F(2) above.
H. Reconstruction or replacement (less than 50%). Any nonconforming structure which is located less than the required setback from a protected resource and which is removed by 50% or less of the market value or damaged or destroyed by 50% or less of the market value of the structure, 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.
I. Change of use of a nonconforming structure. The use of a nonconforming 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 protected resource 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 functionally water-dependent uses.
J. Expansion of a nonconforming use. Expansions of nonconforming uses are prohibited, except that nonconforming 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 Subsection D above.
K. Discontinuance of a nonconforming use. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming 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 of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.
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L. Change of a nonconforming use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Subsection I above.
M. Nonconforming vacant lots. A nonconforming lot of record as of the effective date of this article or amendment thereto may be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and that all provisions of this article 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 frontage shall be obtained by action of the Board of Appeals.
N. Nonconforming contiguous built lots in common ownership. If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this article, if all or part of the lots do not meet the dimensional requirements of this article, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.
O. Nonconforming contiguous vacant lots in common ownership. 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 article, if any of these lots do not individually meet the dimensional requirements of this article or subsequent amendments, and if one or more of the lots is vacant or contains no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.
§ 250-14.13. Administration.
All land use activities within the shoreland zone shall conform with the following provisions, if applicable:
A. Administering bodies and agents. The following authorities are established for the purpose of
administering and enforcing the provisions of this article:
(1) Code Enforcement Officer. The Code Enforcement Officer of the Town of Durham.
(2) Board of Appeals. The Durham Board of Appeals.
(3) Planning Board. The Durham Planning Board.B. Permits required. After the effective date of this article, no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use. A person who is issued a permit pursuant to this article shall have a copy of the permit on-site while the work authorized by the permit is performed.
C. Activities for which a permit is not required. The following activities do not require a permit, provided that all standards of this article are met:
(1) Existing culvert replacement. 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 replaced;
(b) The replacement culvert is not longer than 75 feet; and151
(c) Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.
D. Archaeological exploration. A permit is not required for an archaeological 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 and timely temporary and permanent stabilization measures. Other permits. Any permit required by this article shall be in addition to any other permit required by other law or ordinance.
E. Permit application. The following requirements shall apply to all permits required for activities conducted in the Shoreland Zoning Overlay District:
(1) Site plan. Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in § 250-14.10.
(2) Owner authorization. All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.
(3) Receipt for applications. All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.
(4) Plumbing permit. A valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Code Enforcement Officer, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface sewage disposal system.
F. 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 § 250-14.10, 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. If a 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 would be located in an unapproved subdivision or would violate any other local ordinance, or regulation or statute administered by the municipality.
G. Criteria for the issuance of a shoreland zoning permit. After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use will meet all of the following criteria. The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this article:
(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 of all wastewater;
(4) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
(5) Will conserve shore cover and visual, as well as actual, points of access to waters;
(6) Will protect archaeological and historic resources as designated in the Comprehensive Plan; and
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(7) Is in conformance with the provisions of § 250-14.11, Land use standards.
H. Expiration of permits. Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.
I. Installation of public utility service. A 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 written authorization attesting to the validity and currency of all local permits required under this or any previous article has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.
J. Enforcement. Any violation of this chapter shall be deemed to be a nuisance and shall be enforced according to the following provisions:
(1) Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this article.
(a) Inspections and investigations. The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this article.
(b) Notice of violation. If the Code Enforcement Officer shall find that any provision of this article is being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures; or work being done; removal of illegal buildings or structures; and abatement of nuisance conditions. A copy of such notices shall be submitted to the Select Board and be maintained as a permanent record.
(c) Records. 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.
(2) Legal actions. When the above action does not result in the correction or abatement of the violation or nuisance condition, the Select Board, upon notice from the Code Enforcement Officer, is 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 article in the name of the municipality. The Select Board, or its authorized agent, is hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this article and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
(3) Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates any provision or requirement of this article shall be penalized in accordance with 30-A M.R.S.A. § 4452.
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ARTICLE 15
Floodplain Management
§ 250-15.1. Purpose and establishment.
A. Certain areas of the Town of Durham, Maine, are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.
B. Therefore, the Town of Durham, Maine, has chosen to become a participating community in the National Flood Insurance Program and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this floodplain management article.
C. It is the intent of the Town of Durham, Maine, to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.
D. The Town of Durham has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001 through 3007, 4352 and 4401 through 4407 and 38 M.R.S.A. § 440.
E. The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the Town of Durham having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This article establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the Town of Durham, Maine.
F. The areas of special flood hazard, Zones A and AE, are identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study — Androscoggin County, Maine (All Jurisdictions)" dated July 8, 2013, with accompanying "Flood Insurance Rate Map" dated July 8, 2013, which are hereby adopted by reference and declared to be a part of this article.
§ 250-15.2. Permit required.
Before any construction or other development (as defined in § 250-1.4), including the placement of manufactured homes, begins within any areas of special flood hazard established in § 250-15.1, a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the Town of Durham, Maine.
§ 250-15.3. Application for permit.
The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer
and shall include:
A. The name, address and phone number of the applicant, owner, and contractor;
B. An address and a map indicating the location of the construction site;
C. A site plan showing the location of existing and/or proposed development, including but not limited to
structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot
dimensions;
D. A statement of the intended use of the structure and/or development;
E. A statement of the cost of the development, including all materials and labor;
F. A statement as to the type of sewage system proposed;
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G. Specification of dimensions of the proposed structure and/or development;[Subsections H through K(2) apply only to new construction and substantial improvements.]
H. The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD), or to a locally established datum in Zone A only, of the:
(1) Base flood at the proposed site of all new or substantially improved structures, which is
determined:
(a) In Zone AE from data contained in the "Flood Insurance Study — Androscoggin County,
Maine (All Jurisdictions)," as described in § 250-15.1; or
(b) In Zone A:[1] From any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model, FEMA 265), including information obtained pursuant to §§ 250-15.6M and 250-15.8D; [2] In the absence of all data described in § 250-15.3H(1)(b)[1], information to demonstrate that the structure shall meet the elevation requirement in 50-15.6H(2), 250-15.6I(2)(a) or (b), or 250-15.6J(2)(b).
(2) Highest and lowest grades at the site adjacent to the walls of the proposed building;
(3) Lowest floor, including basement; and whether or not such structures contain a basement;
(4) Level, in the case of nonresidential structures only, to which the structure will be floodproofed;
and
(5) Lowest machinery and equipment servicing the building.
I. A description of an elevation reference point established on the site of all developments for which
elevation standards apply as required in § 250-15.6;
J. A written certification by
(1) A professional land surveyor that the grade elevations shown on the application are accurate;
and,
(2) A professional land surveyor, professional engineer or architect that the base flood elevation
shown on the application is accurate.
K. The following certifications as required in § 250-15.3 by a licensed professional engineer or architect:
(1) A floodproofing certificate (FEMA Form FF-206-FY-22-153, as amended), to verify that the
floodproofing methods for any nonresidential structures will meet the floodproofing criteria of
§ 250-15.3H, § 250-15.6I, and other applicable standards in § 250-15.6;
(2) A hydraulic openings certificate to verify that engineered hydraulic openings in foundation
walls will meet the standards of § 250-15.6N(2);
(3) A certified statement that bridges will meet the standards of § 250-15.6O;
(4) A certified statement that containment walls will meet the standards of § 250-15.6P.
L. A description of the extent to which any watercourse will be altered or relocated as a result of the
proposed development; and156
M. A statement of construction plans, describing in detail how each applicable development standard in
§ 250-15.6 will be met.§ 250-15.4. Application fee and expert's fee.
A. A nonrefundable application fee per the fee schedule adopted by the Select Board shall be paid to the Town Treasurer, and a copy of a receipt for the same shall accompany the application.
B. An additional fee may be charged if the Code Enforcement Officer and/or Board of Appeals needs the assistance of a professional engineer or other expert. The expert's fee shall be paid in full by the applicant within 10 days after the Town submits a bill to the applicant. Failure to pay the bill shall constitute a violation of this chapter and be grounds for the issuance of a stop-work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring, in writing, or been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the Board of Appeals.
§ 250-15.5. Review standards for flood hazard development permit applications. The Code Enforcement Officer shall:
A. Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of § 250-15.6, Development standards, have been or will be met;
B. Utilize, in the review of all flood hazard development permit applications
(1) The base flood data contained in the "Flood Insurance Study — Androscoggin County, Maine
(All Jurisdictions)," as described in § 250-15.1;(2) In special flood hazard areas where base flood elevation data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to §§ 250-15.3H(1)(b), § 250-15.3K, and § 250-15.8D, in order to administer § 250-15.6 of this article; and
(3) When the community establishes a base flood elevation in a Zone A by methods outlined in § 250-15.3H(1)(b), the community shall submit that data to the Maine Floodplain Management Program.
C. as shown on the maps described in § 250-15.1 of this article;
D. In the review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344;
E. Notify adjacent municipalities, the Department of Environmental Protection, and the Maine Floodplain Management Program prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency;
F. If the application satisfies the requirements of this article, approve the issuance of one of the following flood hazard development permits based on the type of development:
(1) A two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time, the applicant shall provide the Code Enforcement Officer with an elevation certificate completed by a professional land surveyor, licensed professional engineer or architect based on the Part I permit construction, "as built," for verifying compliance with the elevation requirements of § 250-15.6H, I, or J. Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
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(2) A flood hazard development permit for floodproofing of nonresidential structures that are new construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of § 250-15.6I(1)(a), (b) and (c). The application for this permit shall include a floodproofing certificate signed by a licensed professional engineer or architect; or
(3) A flood hazard development permit for minor development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to, accessory structures as provided for in § 250-15.6L; mining; dredging; filling; grading; paving; excavation; drilling operations; storage of equipment or materials; deposition or extraction of materials; public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.
G. Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of § 250-15.9 of this article, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of §§ 250-15.3, 250-15.6 and 250-15.7 of this article.
§ 250-15.6. Development standards. All developments in areas of special flood hazard shall meet the following applicable standards:
A. All development. All development shall:
(1) Be designed or modified and adequately anchored to prevent flotation (excluding piers and
docks), collapse or lateral movement of the development resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2) Use construction materials that are resistant to flood damage;
(3) Use construction methods and practices that will minimize flood damage; and
(4) Use electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or accumulating
within the components during flooding conditions.
B. Water supply. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems.
C. Sanitary sewage systems. All new and replacement sanitary sewage systems shall be designed and
located to minimize or eliminate infiltration of floodwaters into the system and discharges from the
system into floodwaters.
D. On-site waste disposal systems. On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during floods.
E. Watercourse carrying capacity. All development associated with altered or relocated portions of a
158watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood-carrying capacity of the watercourse.
F. Utilities. New construction or substantial improvement of any structure (including manufactured homes) located within Zones A and AE shall have the bottom of all electrical, heating, plumbing, ventilation and air-conditioning equipment; permanent fixtures and components; HVAC ductwork and duct systems; and any other utility service equipment, facilities, machinery, or connections servicing a structure elevated to at least one foot above the base flood elevation.
G. Physical changes to the natural landscape. Certain development projects, including, but not limited to, retaining walls, berms, and riprap, can cause physical changes that affect flooding conditions.
(1) All development projects in Zone AE that cause physical changes to the natural landscape shall be reviewed by a professional engineer to determine whether or not the project changes the base flood elevation, zone, and/or the flood hazard boundary line.
(2) Determination by engineer.
(a) If the professional engineer determines, through the use of engineering judgement, that the project would not necessitate a letter of map revision (LOMR), a certified statement shall be provided.
(b) If the professional engineer determines that the project may cause a change, a hydrologic
and hydraulic analysis that meets current FEMA standards shall be performed.
(3) If the hydrologic and hydraulic analysis performed indicates a change to the base flood elevation,
zone, and/or the flood hazard boundary line, the applicant may submit a conditional letter of map
revision (C-LOMR) request to the Federal Emergency Management Agency for assurance that
the as-built project will result in a change to the Flood Insurance Rate Map. Once the development
is completed, a request for a letter of map revision (LOMR) shall be initiated.
(4) If the hydrologic and hydraulic analysis performed shows a change to the base flood elevation,
zone, and/or the flood hazard boundary line, as soon as practicable, but no later than six months
after the completion of the project, the applicant shall submit the technical data to FEMA in the
form of a letter of map revision request.
H. Residential. New construction or substantial improvement of any residential structure located within:
(1) Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the
base flood elevation.
(2) Zone A shall have the lowest floor (including basement) elevated:
(a) To at least one foot above the base flood elevation, utilizing information obtained pursuant
to § 250-15.3H(1)(b)[1], 250-15.5B, or 250-15.8D; or
(b) In the absence of all data described in Subsection H(2)(a), to at least two feet above the
highest adjacent grade to the structure.
I. Nonresidential. New construction or substantial improvement of any nonresidential structure located
within:
(1) Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the
base flood elevation or, together with attendant utility and sanitary facilities, shall:
(a) Be floodproofed to at least one foot above the base flood elevation so that below that
elevation, the structure is watertight with walls substantially impermeable to the passage
of water;
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(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy; and
(c) Be certified by a licensed professional engineer or architect that the floodproofing design
and methods of construction are in accordance with accepted standards of practice for
meeting the provisions of this section. Such certification shall be provided with the
application for a flood hazard development permit, as required by § 250-15.3K, and shall
include a record of the elevation above mean sea level to which the structure is
floodproofed.
(2) Zone A shall have the lowest floor (including basement) elevated:
(a) To at least one foot above the base flood elevation utilizing information obtained pursuant to
§ 250-15.3H(1)(b), 250-15.5B or 250-15.8D; or
(b) Together with attendant utility and sanitary facilities meet the floodproofing standards of
§ 250-15.6I(1).
J. Manufactured homes. New or substantially improved manufactured homes located within:
(1) Zone AE shall:
(a) Be elevated such that the lowest floor (including basement) of the manufactured home is
at least one foot above the base flood elevation;
(b) Be on a permanent foundation, which may be poured masonry slab or foundation walls,
with hydraulic openings, or may be reinforced piers or block supports, any of which support
the manufactured home so that no weight is supported by its wheels and axles; and
(c) Be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but are not limited to:
[1] Over-the-top ties anchored to the ground at the four corners of the manufactured
home, plus two additional ties per side at intermediate points (manufactured homes
less than 50 feet long require one additional tie per side); or by
[2] Frame ties at each corner of the home, plus five additional ties along each side at
intermediate points (manufactured homes less than 50 feet long require four
additional ties per side).
[3] All components of the anchoring system described in Subsection J(1)(c)[1] and [2]
above shall be capable of carrying a force of 4,800 pounds.
(2) Zone A shall:
(a) Be elevated on a permanent foundation, as described in Subsection H(1)(b), such that the
lowest floor (including basement) of the manufactured home is at least one foot above the
base flood elevation, utilizing information obtained pursuant to § 250-15.3H(1)(b);
§ 250-15.5B; or § 250-15.8D; and
(b) Meet the anchoring requirements of Subsection J(1)(c).
K. Recreational vehicles. Recreational vehicles located within Zones A and AE shall either:(1) Be on the site for fewer than 180 consecutive days;
(2) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions; or
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(3) Be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in Subsection J(1).
L. Accessory structures. New construction or substantial improvement of accessory structures, as
defined in § 250-1.4, shall be exempt from the elevation criteria required in § 250-15.6H and I above,
if all other requirements of § 250-15.6 and all the following requirements are met
(4) Accessory structures located in Zones A, A1-30, and AE shall:
(a) Meet the requirements of § 250-15.6A(1) through (4), as applicable;
(b) Be limited in size to a one-story two-car garage;
(c) Have unfinished interiors and not be used for human habitation;
(d) Have only ground fault interrupt electrical outlets. The electric service disconnect shall be
located above the base flood elevation and, when possible, outside the special flood hazard
area;
(e) Be located outside the floodway;
(f) When possible, be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters and be placed further from the source of flooding than
is the primary structure; and
(g) Have hydraulic openings, as specified in § 250-15.6N(2), in at least two different walls of
the accessory structure.
M. Floodways.
(1) In Zone AE riverine areas, encroachments, including fill, new construction, substantial
improvement, and other development, shall not be permitted within a regulatory floodway which
is designated on the community's Flood Insurance Rate Map, unless a technical evaluation
certified by a licensed professional engineer is provided, demonstrating that such encroachments
will not result in any increase in flood levels within the community during the occurrence of the
base flood discharge.
(2) In Zones AE and A riverine areas for which no regulatory floodway is designated,
encroachments, including fill, new construction, substantial improvement, and other
development, shall not be permitted in the floodway as determined in Subsection M(3) unless a
technical evaluation certified by a licensed professional engineer is provided, demonstrating that
the cumulative effect of the proposed development, when combined with all other existing
development and anticipated development:
(a) Will not increase the water surface elevation of the base flood more than one foot at any
point within the community; and
(b) Is consistent with the technical criteria contained in FEMA's guidelines and standards for
flood risk analysis and mapping.
(3) In Zones AE and A riverine areas for which no regulatory floodway is designated, the regulatory
floodway is determined to be the channel of the river or other watercourse and the adjacent land
areas to a distance of one-half the width of the floodplain as measured from the normal high-
water mark to the upland limit of the floodplain.
N. Enclosed areas below the lowest floor. New construction or substantial improvement of any structure in
161Zones AE and A that meets the development standards of § 250-15.6, including the elevation requirements of Subsection H, I or J, and is elevated on posts, columns, piers, piles, "stilts," or crawl spaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:
(1) Enclosed areas are not "basements" as defined in § 250-1.4;
(2) Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must
either:
(a) Be engineered and certified by a licensed professional engineer or architect; or
(b) Meet or exceed the following minimum criteria:
[1] A minimum of two openings having a total net area of not less than one square inch
for every square foot of the enclosed area;
[2] The bottom of all openings shall be below the base flood elevation and no higher than
one foot above the lowest grade; and
[3] Openings may be equipped with screens, louvers, valves, or other coverings or
devices, provided that they permit the entry and exit of floodwaters automatically
without any external influence or control such as human intervention, including the
use of electrical and other nonautomatic mechanical means.
(3) The enclosed area shall not be used for human habitation; and
(4) The enclosed areas are usable solely for building access, parking of vehicles, or storage.
O. Bridges. New construction or substantial improvement of any bridge in Zones AE and A shall be
designed such that:
(1) When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to
at least one foot above the base flood elevation; and
(2) A licensed professional engineer shall certify that:
(a) The structural design and methods of construction shall meet the elevation requirements of
this section and the floodway standards of Subsection M; and
(b) The foundation and superstructure attached thereto are designed to resist flotation, collapse
and lateral movement due to the effects of wind and water loads acting simultaneously on
all structural components. Water loading values used shall be those associated with the base
flood.
P. Containment walls. New construction or substantial improvement of any containment wall located
within:
(1) Zones AE and A shall:
(a) Have the containment wall elevated to at least one foot above the base flood elevation;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy; and
(c) Be certified by a licensed professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting the provisions
of this section. Such certification shall be provided with the application for a flood hazard
162development permit, as required by § 250-15.3K.
Q. Wharves, piers and docks. New construction or substantial improvement of wharves, piers, and docks are permitted in Zones AE and A, in and over water, and shall comply with all applicable local, state, and federal regulations.
§ 250-15.7. Certificate of compliance.
No land in a special flood hazard area shall be occupied or used and no structure which is constructed
or substantially improved shall be occupied until a certificate of compliance is issued by the Code
Enforcement Officer, subject to the following provisions:
A. For new construction or substantial improvement of any elevated structure, the applicant shall submit
to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor,
licensed professional engineer, or architect, for compliance with § 250-15.6H, I or J.
B. The applicant shall submit written notification to the Code Enforcement Officer that the development
is complete and complies with the provisions of this chapter.
C. Within 10 working days, the Code Enforcement Officer shall:
(1) Review the elevation certificate and the applicant's written notification; and
(2) Upon determination that the development conforms with the provisions of this chapter, shall
issue a certificate of compliance.§ 250-15.8. Review of subdivision and development proposals.
The Planning Board shall, when reviewing subdivisions and other proposed developments that require
review under other federal law, state law or local ordinances or regulations, and all projects on five or more
disturbed acres or. in the case of manufactured home parks divided into two or more lots, assure that:
A. All such proposals are consistent with the need to minimize flood damage.
B. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and
constructed to minimize or eliminate flood damage.
C. Adequate drainage is provided so as to reduce exposure to flood hazards.
D. All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway
data. These determinations shall be based on engineering practices recognized by the Federal
Emergency Management Agency.E. Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area are to be constructed in accordance with § 250-15.6 of this article. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement, and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.
§ 250-15.9. Appeals and variances.
The Board of Appeals may grant a variance from the requirements of this article consistent with state law and the following criteria:
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A. Variances shall not be granted within any designated regulatory floodway if any increase in flood
levels during the base flood discharge would result.
B. Variances shall be granted only upon:
(1) A showing of good and sufficient cause; and
(2) A determination that should a flood comparable to the base flood occur, the granting of a variance
will not result in increased flood heights, additional threats to public safety, public expense, or
create nuisances, cause fraud or victimization of the public or conflict with existing local laws or
ordinances; and
(3) A showing that the issuance of the variance will not conflict with other state, federal or local
laws or ordinances; and
(4) A determination that failure to grant the variance would result in "undue hardship," which in this
subsection means:
(a) That the land in question cannot yield a reasonable return unless a variance is granted; and
(b) That the need for a variance is due to the unique circumstances of the property and not to
the general conditions in the neighborhood; and
(c) That the granting of a variance will not alter the essential character of the locality; and
(d) That the hardship is not the result of action taken by the applicant or a prior owner.C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and the Board of Appeals may impose such conditions to a variance as it deems necessary.
D. Variances may be issued for new construction, substantial improvements, or other development for
the conduct of a functionally dependent use, provided that:
(1) Other criteria of §§ 250-15.9 and 250-15.6M are met; and
(2) The structure or other development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
E. Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of historic
structures upon the determination that:
(1) The development meets the criteria of Subsections A through D above; and
(2) The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
F. Variances may be issued for new construction and substantial improvement of agricultural structures
being used for the conduct of agricultural uses, provided that:
(1) The development meets the criteria of § 250-15.9A through C; and
(2) The development meets the criteria of § 250-15.6M and N.
G. Any applicant who meets the criteria of Subsections A through E shall be notified by the Board of
Appeals, in writing over the signature of the Chairman of the Board of Appeals, that:
(1) The issuance of a variance to construct a structure below the base flood level will result in greatly164
increased premium rates for flood insurance, up to amounts as high as $25 per $100 of insurance coverage;
(2) Such construction below the base flood level increases risks to life and property; and
(3) The applicant agrees, in writing, that the applicant is fully aware of all the risks inherent in the use of land subject to flooding, assumes those risks and agrees to indemnify and defend the municipality against any claims filed against it that are related to the applicant's decision to use land located in a floodplain and that the applicant individually releases the municipality from any claims the applicant may have against the municipality that are related to the use of land located in a floodplain.
H. Appeal procedure for administrative and variance appeals.
(1) An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved
party within 30 days of receipt of a written decision of the Code Enforcement Officer or Planning
Board.
(2) Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as
appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the
decision appealed from.
(3) The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of
an appeal request.
(4) The person filing the appeal shall have the burden of proof.
(5) The Board of Appeals shall decide all appeals within 35 days of the close of the hearing and shall
issue a written decision on all appeals.
(6) The Board of Appeals shall submit to the Code Enforcement Officer a report of all variance
actions, including justification for the granting of the variance and an authorization for the Code
Enforcement Officer to issue a flood hazard development permit, which includes any conditions
to be attached to said permit.
(7) Any aggrieved party who participated as a party during the proceedings before the Board of
Appeals may take an appeal to Superior Court in accordance with state laws within 45 days of
the date of any decision of the Board of Appeals.§ 250-15.10. Enforcement; violations and penalties.
A. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter pursuant
to 30-A M.R.S.A. § 4452.
B. The penalties contained in 30-A M.R.S.A. § 4452 shall apply to any violation of this chapter.
C. In addition to any other actions, the Code Enforcement Officer, upon determination that a violation
exists, shall submit a declaration to the Administrator of the Federal Insurance Administration
requesting a denial of flood insurance. The valid declaration shall consist of:
(1) The name of the property owner and address or legal description of the property sufficient to
confirm its identity or location;
(2) A clear and unequivocal declaration that the property is in violation of a cited state or local law,
regulation, or ordinance;
(3) A clear statement that the public body making the declaration has authority to do so and a
citation to that authority;
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(4) Evidence that the property owner has been provided notice of the violation and the prospective
denial of insurance; and
(5) A clear statement that the declaration is being submitted pursuant to Section 1316 of the
National Flood Insurance Act of 1968, as amended.§ 250-15.11. Repealer.
This article repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).
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ARTICLE 16
Mobile Home Parks
§ 250-16.1. Design and performance standards. Mobile home parks are subject to Planning Board conditional use and review under the following site plan standards. Except as stipulated below, mobile home parks shall also meet all the requirements for a residential subdivision, and shall conform to all applicable state laws and local ordinances or regulations. The Planning Board shall give reasonable consideration to allowing existing mobile home parks to expand in their current locations. Where the provisions of this section conflict with specific provisions of Article 6, Subdivision of Land, the provisions of this section shall prevail. The plan presented to the Planning Board shall designate all lots to be used within the proposed mobile home park.
§ 250-16.2. Lot area and lot width requirements. Notwithstanding the dimensional requirements located in Article 4 of this chapter, mobile home park lots shall meet the following lot area and lot width requirements:
A. Lots served by individual subsurface wastewater disposal systems:
(1) Minimum lot area: 20,000 square feet.
(2) Minimum lot width: 100 feet.
B. Lots served by a central on-site subsurface wastewater disposal system approved by the Maine
Department of Health and Human Services:
(1) Minimum lot area: 12,000 square feet.
(2) Minimum lot width: 75 feet.
C. Required minimum lot widths provide separation and yard space between units on adjacent park
lots. Units may be oriented perpendicular or parallel to the mobile home park roads.
D. The overall density of any park served by any subsurface wastewater disposal system shall not exceed one
dwelling unit per 20,000 square feet of total park area.
E. No part of any lot which is part of a road right-of-way, part of a required buffer strip, or part of a
required open space shall be used for the purpose of computing lot area or any size, setback,
frontage or other dimensional requirement which may be imposed.
§ 250-16.3. Unit setback requirements.
A. On lots 12,000 square feet in area or larger, structures shall not be located less than 15 feet from any
boundary lines of an individual lot.
B. On lots which abut a public way either within the park or adjacent to the park, structures shall meet
the front setback provisions of this chapter.§ 250-16.4. Buffering.
A. If a mobile home park is proposed with a residential density of at least twice the density of residential development on immediately adjacent parcels of land, or at least twice the net residential density permitted in the zoning district in which the park is located if the immediately adjacent parcels of land are undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures, streets or utilities, except that utilities may cross a buffer strip to provide service to the mobile home park. For the first 25 feet of the buffer strip as measured from the exterior boundaries of the park, the Planning Board shall consider natural buffering which forms an effective visual barrier to be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be considered.
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§ 250-16.5. Development requirements. Road design, circulation and traffic impacts. roads within a park shall
be designed by a professional engineer licensed in the State of Maine.
A. Roads within the mobile home park shall meet the following minimum geometric design standards:
(1) Minimum right-of-way width: 23 feet.
(2) Minimum width of paved way: 20 feet.
B. Any road within a park with an expected average daily traffic of 200 trips per day or more shall have
at least two road connections leading to existing roads, other roads within the park or other roads
shown on an approved subdivision plan.
C. No individual lot within a park shall have direct vehicular access onto an existing road.
D. The intersection of any road within a park and an existing external road shall meet the following standards:
(1) Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of
intersection shall be 75°.
(2) Maximum grade within 75 feet of intersection. The maximum permissible grade within 75 feet of
the intersection shall be 2%.
(3) Minimum sight distance. Minimum entrance sight distances shall meet the requirements of § 250-
5.2 Access Management.
(4) Distance from other intersections. The center line of road street within a park intersecting an existing
road shall be no less than 125 feet from the center line of any other road intersecting that road.
(5) The application shall contain an estimate of the average daily traffic projected to be generated by the
park. Estimates of traffic generation shall be based on a recognized methodology of the kind relied
on by transportation engineers. If the park is projected to generate more than 400 vehicle trip ends
per day, the application shall also include a traffic impact analysis by a licensed professional engineer
with experience in transportation engineering§ 250-16.6. Groundwater impacts.
A. Assessment submitted. The application for approval of any mobile home park shall include an analysis of the impacts of the proposed mobile home park on groundwater quantity and quality. The hydrogeologic assessment shall be prepared by a certified geologist or licensed professional engineer experienced in hydrogeology and shall contain at least the following information:
(1) A map showing the basic soils types.
(2) The depth of the water table at representative points throughout the mobile home park.
(3) Drainage conditions throughout the mobile home park.
(4) Data on the existing groundwater quality, either from test wells in the mobile home park or from
existing wells on neighboring properties.(5) An analysis and evaluation of the effect of the mobile home park on groundwater resources. The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park and at the mobile home park boundaries. For mobile home parks within the watershed of Runaround Pond, projections of the development's impact on groundwater phosphate concentrations shall also be provided.
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(6) A map showing the location of any subsurface wastewater disposal systems and drinking water
wells within the mobile home park and within 200 feet of the mobile home park boundaries
B. The proposed mobile home park shall not, alone or in conjunction with existing activities, render the
groundwater unfit as a public or private drinking water supply as determined by applicable regulations.
C. Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on
the map submitted with the assessment. If construction standards for drinking water wells are
recommended in the assessment, those standards shall be included as a note on the Plan§ 250-16.7. Conversion to other uses. No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and without meeting the appropriate lot size, lot width, setback and other requirements for the district where it is located. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:
A. The land within the park shall remain in unified ownership and the fee to lots or portions of lots shall not be transferred.
B. No dwelling unit other than manufactured housing shall be located within the park.
§ 250-16.8. Subsurface wastewater disposal. The following provisions apply in the case of parks not served by public sewer:
A. When a central on-site subsurface wastewater disposal system is proposed, the applicant must demonstrate that suitable land area with suitable soils exists on the property to provide for a replacement system. Such replacement system must also be approved by the Local Plumbing Inspector and, if required under the State of Maine Subsurface Wastewater Disposal Rules, by the Maine Department of Health and Human Services. The location for that replacement system must be located on the site plan. The area devoted to the replacement system may not be used for any other purpose.
§ 250-16.9. Utilities. Electrical utilities and telephone lines may be located above ground or underground within a mobile home park.
§ 250-16.10. Limitation on Lot Numbers and Conflicting Ordinances. Except as required under Title 38, Maine Revised Statutes Annotated, or an ordinance adopted pursuant to Title 38 that addresses wastewater disposal, shoreland zoning, and other environmental impacts, no part of these provisions shall be construed to limit the number of lots in a mobile home park or circumvent the intent of MRSA Title 30-A, §4358, or conflict with its provisions.
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ARTICLE 17
Extractive Industries and Gravel Pits § 250-17.1. Purpose. This article is adopted in accordance with the Comprehensive Plan of the Town of Durham adopted at Town Meeting March 2002. The purpose of this article is to regulate both new and existing sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials from excavated areas hereinafter collectively referred to as "borrow pits." These regulations are intended to protect the quality and quantity of groundwater and surface water, control erosion, provide for the reclamation and rehabilitation of new and existing borrow pits for future uses compatible with the surrounding neighborhood, and to minimize any adverse impact of such borrow pit operations on adjacent and nearby properties, and to ensure the safety of Town citizens.
§ 250-17.2. Application.
This article shall apply to all borrow pit operations in existence on the effective date of this article as well as new operations. It is not the intent of this article to regulate borrow pits that are regulated by the State of Maine, except for § 250-17.6B, C, D and I. To qualify as an existing borrow pit operation, the borrow pit must be a lawful use under the Land Use Ordinance of 2004, must have been in operation at some time over the five years immediately preceding the Town Meeting of 2004, and must have been in full compliance with all Town ordinances during all such times of operation.
§ 250-17.3. Exemptions.
Excavations undertaken preliminary to an approved on-site construction project, excavations part of normal farm operations, or excavations moved to a contiguous site that are part of construction and not expanding a gravel pit to another adjacent lot in the same ownership are exempt from the requirements of this article.
§ 250-17.4. Fees and inventory. Following acceptance of this chapter by the municipality at its regularly scheduled Town Meeting, and no later than December 31 of the same year, the Select Board shall make an inventory of all small borrow pits in the Town of Durham. The information required in § 250-17.5A through E shall be required for the registration of all small borrow pits inventoried. The Select Board shall have a fee per the adopted fee schedule charged for each such small borrow pit inventoried by April 1 of the year following the acceptance of this chapter. An additional annual fee per the adopted fee schedule shall be payable by April 1 of each succeeding year in which the small borrow pit is active. Any small borrow pit not registered, or which fails to qualify to be registered by the end of the year this chapter is accepted, shall be deemed closed and may not continue or resume operation except that, upon written application to the Planning Board demonstrating good cause and an inability to meet the initial registration deadline, the Planning Board may extend the period of registration for up to one year from the effective date of this chapter. An additional one-time fee per the adopted fee schedule shall be charged for such late registration. Once a small borrow pit has been considered closed, the owner will be required to obtain a new conditional use permit from the Planning Board in order to reopen the small borrow pit.
§ 250-17.5. Registration of small borrow pits.
The following information shall be required for registration of a small borrow pit:
A. Name, address and telephone number. The name, mailing address and telephone number of the owner
and, if different from the owner, the operator.
B. Map and site plan. At a scale of not less than one inch equals 100 feet with the following information:
(1) Boundaries of the subject property.
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(2) Existing wells, rivers, brooks, streams, freshwater wetlands, and a depth of groundwater as
determined by test borings, wells or pits.
(3) Topography of the property at a contour interval no greater 10 feet.
(4) Existing site features such as fields, wooded areas, structures, roads and driveways.
(5) Residences and wells within 500 feet of the subject property.
(6) Existing and proposed excavation areas, including acreage, phasing, depth of excavation, and
final grades.
(7) Location and size of product and topsoil stockpiles.
(8) Areas to be used for the processing of excavated materials.(9) Proposed buildings and structures and types and locations where equipment, materials or fuels are to be stored.
(10) Locations of proposed access and any roads to be constructed within the site and sight distances of intersection of the access with a public road.
(11) Method of controlling access to the site.
(12) Improvements for the control of drainage, sedimentation and erosion.
C. Information on abutters. The names and addresses of abutting property owners.
D. Signed statement. A statement, signed and dated by the owner or operator, certifying that the small borrow pit will be operated in compliance with this article and any fee required by the Town of Durham has been paid.
E. Fees. A registration fee per the fee schedule adopted by the Select Board shall be collected by the Treasurer for each small borrow pit registered, together with the information describing such pit, as prescribed in this section.
§ 250-17.6. Performance standards.
A. Any entity or person intending to create or operate a small borrow pit under this article must comply
with Article 7 with regard to obtaining a conditional use permit.
B. Operation of any borrow pit under this chapter must comply with all standards set forth in this
chapter, the Solid Waste Ordinance and any other Town ordinance that may apply.
C. The following setbacks must be maintained for any borrow pit between the excavation and a water
supply in existence prior to the excavation:
(1) Well drilled into saturated bedrock: 100 feet.
(2) Dug well or point-driven well: 200 feet.
(3) Public water supply serving fewer than 500 persons: 300 feet.
D. No person shall open or excavate, for sale or any other purpose, any borrow pit of gravel fill or any
other material within 200 feet of any public road or within 100 feet of the property boundary, except
for the excavation of a building or a pond.
E. Performance standards for buffer strips shall be the same as those established in 38 M.R.S.A.
§§ 490-D, Subsection 4; 490-D, Subsection 6-A, and 490-D, Subsection 7, for small borrow pits.171
F. Erosion control standards for small borrow pits shall be as described in 38 M.R.S.A. § 490-M.
G. Excavation for small borrow pits shall not extend below an elevation of five feet from the seasonal high-water table as established by competent, technical data.
H. The average slope of any cut bank measured from the top of the slope to the toe of the slope shall not exceed a horizontal to vertical ratio of 2.5:1, provided that any small borrow pit in lawful operation at the effective date of this chapter whose slopes exceed this requirement may maintain, but not increase, such nonconforming slopes; provided, further, that for an expanded borrow pit area or new borrow pit area which exceeds five acres in size, the slope for such areas may not exceed 3:1.
I. Hours of operation for all borrow pits shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday, and 7:00 a.m. to 5:00 p.m. Saturday, with processing of materials not to begin prior to 8:00 a.m. There shall be no Sunday operations in any borrow pit except the Road Commissioner in performance his duties, or whoever has the responsibility of removing snow in the winter and spreading sand on public or private roads or ways shall be exempt from this requirement while acting in the course of their duties.
§ 250-17.7. Inspections
The regulator may, during permitted regular hours of operation (§ 250-17.6I) periodically inspect a site without prior notification and may examine relevant records of the owner or operator, including a conditional use permit, and may take samples and perform tests necessary to determine compliance with the provisions of this chapter. Upon the initial inspection of small borrow pits currently in existence following approval of this article, the Code Enforcement Officer shall be authorized to require any signage or fencing needed to ensure public safety. On any new small borrow pits covered under this chapter, such requirements shall be set by the Planning Board prior to issuing a conditional use permit. Any blasting licenses in effect may be renewed by the Code Enforcement Officer during the annual inspection. Should there be a complaint regarding compliance with this chapter, the complaint or concern should be directed to the Town office. The Town Manager will log such complaint or concern and then forward to the regulator for investigation. Results of such investigation will be shared with the complainant and then be made part of the public record at the Town office.
§ 250-17.8. Closing of Pits When any small borrow pit reaches the limitation established in § 250-17.6C and D of this article, or when the saleable material has been exhausted as determined by the Code Enforcement Officer, or when the small borrow pit has not been active for a period of 12 months (i.e., "active" shall mean the annual registration and payment of the fee), the small borrow pit shall be deemed closed and the banks or edge shall be sloped to one foot vertical rise for each 2.5 feet horizontal cut or less and set out to suitable vegetation (trees, grasses and shrubs) that results in a permanent, 90% ground cover. Further, this planting must result in a permanent stand or a stand that is capable of regeneration and succession, sufficient to ensure 75% survival rate.
§ 250-17.9. Enforcement; violations and penalties.
This article shall be enforced by the regulator as defined in § 250-1.4. Violations shall be prosecuted in accordance with 30-A M.R.S.A. § 4452, as amended.
§ 250-17.10. Variances.
A request for variance may be filed with the Board of Appeals in the manner described in § 250-11.6. The Board of Appeals may grant a variance if it finds that the applicant would otherwise suffer undue hardship as defined in § 250-11.3B.
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APPENDIX 1: STREET STANDARDS ROAD CLASSIFICATION AND CONSTRUCTION
A. Road Classifications: Road classification shall be based on the road’s ultimate purpose or use as determined by the Planning Board after considering the location of the proposed road and the number and the nature of the uses to be served by the proposed road, both within and outside the proposed subdivision and any anticipated traffic resulting from interconnection with other streets. Dwelling unit figures are provided as an aid to the Planning Board:
1. Major Collectors – Roads that serve significant traffic volumes and provide regional connectivity between towns or major destinations. These roads are part of the State Aid Highway system and maintained year-round by Maine DOT (Route 9 and 136).
2. Minor Collector – Roads that collect traffic from local roads and channel it to Major Collectors. These roads also fall under the State Aid Highway system and are maintained by MaineDOT (Route 125).
3. Local Collector – A Road maintained by the Town of Durham that functions as a collector within the local street network. It connects subcollectors and local roads to State collectors and supports intra-town circulation. Local Collectors generally serve over 100 dwelling units for direct access and carry over 1000 daily trips.
4. Subcollector – A road maintained by the Town of Durham whose principal function is to provide access to abutting properties, but is also designed to be used or is used to connect local and minor local roads with collector roads. Including residences indirectly served through connecting roads, it serves or is designed to serve at least twenty-six (26) but not more than one hundred (100) dwelling units, and is expected to, or does handle, between two hundred and sixty (260) and one thousand (1000) trips per day.
5. Local – A road maintained by the Town of Durham or by a homeowner or road association whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10) but no more than twenty-five (25) dwelling units, and is expected to, or does handle, between one hundred (100) and two hundred and fifty (250) trips per day.
6. Minor Local – A road maintained by a homeowner or road association whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units, and is expected to, or does handle, up to ninety-nine (99) trips per day.
7. Road classifications for non-residential uses are determined by trip generation figures for various uses indicated in the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
8. In determining the classification of roads where a loop configuration is formed, the classification should be based on an analysis of routes and destinations on individual road segments rather than the full road length.
B. Road right-of-way shall be a minimum of fifty (50') feet wide for minor local and local roads, and sixty (60’) wide for subcollector roads. Road dimensions, geometry, and materials shall conform to the requirements shown in Section 1.2, 1.3, and 1.4, Figures 1 through 6.
C. All newly constructed roads shall be paved to Town standards. Pavement width shall be a minimum of twenty-four (24’) feet for subcollector roads, twenty-two (22’) feet for all local roads, and twenty (20’) feet for all minor local roads. The road must be complete up to and along the entire frontage of the lot, except for paving, prior to the issuance of a building permit for a structure or residence on such lots. Issuance of said building permit shall require written confirmation from the Fire Chief that the road is accessible by public safety vehicles.
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D. Minor local roads serving no more than three (3) dwelling units may be left unpaved so long as they meet the base and subbase standards for gravel, and other applicable requirements listed below. In the event of the road being extended beyond the first three (3) dwelling units, the road shall be paved over its entire length, including the first section serving the first (3) three dwelling units.
E. The standards for gravel are as follows:
1. Surface Gravel: Surface gravel material shall be screened or crushed gravel of hard durable particle, free from vegetable matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three (3 “) inch square mesh sieve shall meet the following requirements:
Sieve Designation % By Weight Passing Square Mesh
Sieves
1/2 inch 45-70%
1/4 inch 30-55%
No. 40 0-20%
No. 200 0-6%*Aggregate for the surface gravel shall contain no particles of rock exceeding four (4”) inches in any dimension.
2. Base Gravel: Aggregate subbase shall be sand or gravel of hard durable particles free from vegetable matter, lumps or balls of clay or other deleterious matter. The gradation of the part that passes a four (4”) inch square mesh sieve shall meet the following grading requirements:
Sieve Designation % By Weight Passing Square Mesh
Sieves
1/2 inch 35-80%
1/4 inch 25-65%
No. 40 0-30%
No. 200 0-7%*Aggregate base shall contain no particles of rock exceeding six (6”) inches in any dimension.
3. Surface Leveling Material: If required shall conform to the gradation requirements of surface gravel above but shall not contain particles of rock which will not pass the 3/4" sieve.
4. Bituminous Pavement: Pavement shall be constructed of two courses of bituminous. Pavement shall be Maine DOT Hot Mix Asphalt pavement as specified in Section 401 conforming to the latest revisions of the Maine Department of Transportation "Standard Specifications For Highways and Bridges":
a. Compacted Binder Course – 2" Grading 19.5mm hot mix asphalt
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b. Compacted Surface Course – 1 1/2" Grading 12.5mm or 9.5mm hot mix asphalt
c. Pavement width shall be a minimum of twenty-four (24’) feet for subcollector roads, twenty-two (22’) feet for local roads and twenty (20’) feet for minor local roads.
F. Culverts: Culverts shall be High-Density Polyethylene (HDPE), or other pipe approved by the Planning Board or Road Commissioner. Culverts shall be sized and located as determined by drainage calculation, but in no case shall be smaller than fifteen (15”) inch diameter.
G. Signs: Signs required by the Board such as "SPEED LIMIT", "STOP", "CURVE", etc. shall be constructed and located so as to conform with the "Manual on Uniform Traffic Control Devices for Street and Highways", published by the United States Department of Transportation, 2025 or most recent revision.
H. Sidewalks: Sidewalks if proposed shall be a minimum of five (5') feet in width and shall be constructed of two (2) one-inch (1") thick courses of bituminous pavement over a minimum eight-inch (8") thick gravel base. Base shall conform to the requirement listed for roadway surface gravel stated in paragraph E.1 above.
I. Curbs: Curbs, if proposed shall as a minimum be designed in accordance with Maine Department of Transportation standard details for bituminous curb and shall be constructed as outlined in Maine Department of Transportation Standard Specifications, Section 609.04.
J. Construction requirements: Gravel base shall be compacted over the full width and length of road bed including shoulders to a minimum of ninety-five (95%) percent of proctor density in accordance with American Society for Testing Materials Standard, ASTM D1556 and D1557. Bituminous pavement shall be compacted to a minimum of 92% of the theoretical maximum density as established in accordance with AASHTO Test T209, ASTM D2950 and ASTM D2726. No bituminous paving shall be placed between November 15 and April 15 or when the temperature is below forty (40ᵒ) degrees or when the gravel base is frozen. Bituminous shall also be rolled with a pneumatic tire roller in addition to steel rollers. The Road Commissioner and the Code Enforcement Officer shall be notified when road construction is to begin, at the completion of the gravel base, and when paving is to begin. The finished surface of the pavement shall be smooth and tightly compacted with no loose or poorly embedded stone evident. A sixteen-foot (16’) straight-edge or string line when placed parallel to the centerline of the pavement and a ten-foot (10’) straightedge or string line when placed transverse to the centerline shall not show a variation exceeding one-quarter (1/4”) inch.
K. Provisions shall be made for vehicular access to the development and circulation lot in such a manner as to safeguard against hazards to traffic congestion on any street and to provide safe and convenient circulation on public streets and within the development. More specifically, access and circulation shall also conform to the following standards and the design criteria below:
1. The road giving access to the lot and neighboring roads which can be expected to carry traffic to and from the development shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use.
2. Where necessary to safeguard against hazards to traffic and pedestrians and/or avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets based on engineering study and conforming to Maine DOT policies and practices.
3. Access ways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any road.
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TYPICAL ROAD SECTION & TURNAROUND DESIGNS - LOCAL ROAD
Road geometry requirements shall conform to the recommendations outlined in AASHTO’s A Policy on Geometric Design of Highways and Streets (The AASHTO Green Book) most recent edition, excepted that in no case shall grades be greater than eight (8%) percent, curve radii be less than one hundred (100’) feet, or vertical sight distance be less than two hundred (200’) feet.
Figure 1 – Cross Section
(Not to Scale)
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TYPICAL ROAD SECTION & TURNAROUND DESIGNS - MINOR LOCAL ROAD
Road geometry requirements shall conform to the recommendations outlined in AASHTO’s A Policy on Geometric Design of Highways and Streets (The AASHTO Green Book) most recent edition, excepted that in no case shall grades be greater than eight (8%) percent, curve radii be less than one hundred (100’) feet, or vertical sight distance be less than two hundred (200’) feet.
Figure 3 – Cross Section
(Not to Scale)
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TYPICAL ROAD SECTION & TURNAROUND DESIGNS - SUBCOLLECTOR ROAD
Road geometry requirements shall conform to the recommendations outlined in (AASHTO’s A Policy on Geometric Design of Highways and Streets (The AASHTO Green Book) most recent edition , excepted that in no case shall grades be greater than eight (8%) percent, curve radii be less than one hundred (100’) feet, or vertical sight distance be less than two hundred (200’) feet. Figure 5 – Cross Section
(Not to Scale)
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SAFE ENTRANCE SIGHT DISTANCES
A. Sight Distances: Driveways shall be designed in profile and grading and located to provide the required sight distance measured in each direction. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of ten (10’) feet behind the curb line or edge of shoulder, with the height of the eye three and one half (3 ½’) feet, to the top of an object four and one-half (4 ½’) feet above the pavement. The required sight distances are listed below for various posted speed limits:
Posted Speed (MPH) Sight Distance (Feet) 20 155 25 200 30 250 35 305 40 360 45 425 50 495 55 570 60 645
The minimum allowable sight distances listed above for all accesses, may require up to fifty (50%) percent greater sight distances when at least thirty (30%) percent of the traffic using the driveway will be larger vehicles
B. All commercial entrances regardless of traffic volume may be required by the Planning Board to be paved with bituminous concrete pavement within thirty (30’) feet of the road right-of-way if anticipated traffic volume requires an assured smooth surface to facilitate exit and entry without risk of sudden stop due to rutting.
C. No development shall increase the volume capacity ratio of any road above 0.8 nor reduce the road’s Level of Service to “D” or below as determined by using the capacity analysis procedures set forth in the 2022 Highway Capacity Manual, Special Report 290 as published by the Transportation Research Board.
ROAD MAINTENANCE
In determining whether this standard has been met, the Board must find that the maintenance agreement for any private road meets the following criteria:
A. Unless or until a road is accepted for maintenance by a Town Meeting vote, a maintenance agreement shall be executed by the owners of the lots containing the dwelling units or structures using the private road or way, in registry recordable form, which agreement provides for the obligations of each owner of the lots on which such dwelling units or structures are located with respect to the maintenance, repair and snow plowing of such road. The applicant shall prepare and submit for approval of the Planning Board a maintenance agreement which shall specify the rights and responsibilities of the owners of the lots on the road in question among themselves with respect to responsibility for the costs of construction, maintenance, repair and plowing.
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B. The maintenance agreement shall also include and the Planning Board will consider in granting approval the following factors:
1. A detailed statement of how the ownership interests in the private road will be structured (i.e., whether ownership will be single or joint, whether lot owners will own the fee or have easements, etc.).
2. A statement that in the event any of the lots shown on the plan are divided or in the event any remaining land of the declarant is subsequently divided into lots which are served by the private road, then such resulting lot or lots shall become subject to the maintenance agreement and to any modifications to the maintenance agreement advisable to adjust the duties and responsibilities equitably among the owners of all the lots served by the private road way.
3. An acknowledgment by the declarant and any other persons signing the maintenance agreement that the Town of Durham is not responsible for the construction, maintenance, repair or plowing of the private road.
4. A statement that the duties and obligations imposed by the maintenance agreement run with the land and shall be transferred to donees, purchasers or other transferees of any portion of the real estate subject to the maintenance agreement. All changes to the maintenance agreement, other than changing or adding parties to the agreement, are subject to review and approval by the Planning Board.
5. A requirement that the maintenance agreement be referenced in all deeds to any lots served by
the private road.6. If the private road subject to the maintenance agreement is an extension of an existing private road, a statement that the applicant for private road way approval has contacted the owners of such lots, has offered them the opportunity to make their properties subject to the maintenance agreement and that they have either accepted or declined that offer; and that the Declarant has submitted to the Code Enforcement Officer a notarized affidavit confirming the Declarant’s compliance with this paragraph. All parties with lots served by the extension of the private road must be subject to the maintenance agreement for that extension.
7. An agreement which permits the other signatories of the maintenance agreement to place a lien on the property of any signatory who has not paid the share of expenses allocated to them in the amount of the unpaid assessment for costs for the private way.
8. Upon approval of the agreement by Planning Board, the person or persons submitting the agreement shall record it in the Androscoggin County Registry of Deeds so that the obligations therein shall be covenants that run with the land upon which the dwelling units or structures are located. No building permit or other approval required by this Ordinance for the dwelling units or structure to be served by such road shall be issued or approved unless this provision has been complied with.
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Source: durham_land_use_code_2026.pdf on durhammaine.gov. Text extracted with pdftotext; no wording has been corrected.