LAND USE ORDINANCE
TOWN OF NEWBURGH
ADOPTED AT SPECIAL TOWN MEETING JULY 23, 1990
EFFECTIVE DATE: JULY 23, 1990
AMENDED 03/09/91 p. 4,38
AMENDED 03/14/92 p. 38,39,41,42,43
AMENDED 05/20/92 p. various throughout
AMENDED 3/7/98 Article IV, 4.1-b
Amended 3/7/98 Article III, 3.3-9
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NEWBURGH LAND USE ORDINANCE JULY 1990
FORWARD
The Newburgh Planning Board has prepared the following very basic Land Use Ordinance in the hope that it
will help our town to grow in a manner that will enable it to maintain its present rural character. To achieve this
goal, the town must have some minimum degree of control over how and where development occurs. A basic
land use ordinance provides a legal tool for guiding orderly and compatible growth in the town.
The ordinance provides minimal standards to protect homeowners from the negative effects of certain types of
new development, which might create nuisances to the immediate neighbors and/or lower property values.
However, this ordinance doe not seek to establish any new performance standards for single-family housing or
agricultural uses.
The ordinance can be amended at any future town meeting. If it does not work for the betterment of the town, it
can be repealed by the vote of the town. Considerable time has been spent to make it a workable tool with the
minimum number of restrictions on individual freedom.
This minimum ordinance contains five sections, or articles:
Article I
deals with standard legal provisions contained in any ordinance.
Article II
describes the minimum zoning districts and the provisions which apply to each, such as
lot dimensions and permitted uses.
Article III
contains the “good neighbor” performance standards for new development (not including
single-family residential or farming). These basic standards are primarily to protect
existing residents from the negative impacts which certain types of new development
might create. Spelling out theses standards also ensures applicants that their proposals
will be evaluated on the same basis as all other proposals, in a fair and open manner.
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TABLE OF CONTENTS
PAGE
ARTICLE I
1.1
1.2
1.3
1.4
1.5
1.6
GENERAL PROVISIONS
Purpose
Effective Date
Validity and Amendments
Grandfathering Clause
Non-Conforming Structures, uses & Lots
Legal Authority
Conflicts with other Ordinances
ARTICLE II
1.1
1.2
1.3
1.4
DISTRICTS AND DIMENSIONAL REQUIREMENTS
Designation of Districts
Lot Sizes
Minimum Lot requirements
Uses Permitted
ARTICLE III
3.1
3.2
3.3
“GOOD NEIGHBOR” PERFORMANCE STANDARDS
Purposes
Exemptions and Waivers
Criteria and Standards
1. Traffic
2. Noise
3. Dust, Fumes, Vapors, Gases
4. Odor
5. Glare
6. Storm water Run-off
7. Erosion control
8. Getbacks and Screening
9. Explosive Materials
10. Water Quality
11. Vehicular Access Through Marginal Roads
12. Flexible Residential Development
13. Development in the Floodplain
14. Refuse Disposal
15. Off-Street Parking and Loading (Non-Residential)
16. Parking Lot Design Criteria (Non-Residential)
17. Earth Removal and Filling
18. Agricultural Land Conservation and Development Standards
19. Signs
20. Home Occupations
21. Campgrounds
22. Kennels, Boarding Kennels, and Veterinary Clinics
ARTICLE IV
1.1
1.2
1.3
ADMINISTRATION
Administration of the “Good Neighbor” Performance Standard
Permits
Variances
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Newburgh Land Use Ordinance
Part: B Section 1: – General Provisions
1.1
Purpose: This Ordinance shall be known as the Newburgh Land Use Ordinance and will be referred to
herein as the Ordinance. The overall purpose is to establish basic development controls to protect
existing and future water resources from pollution which could otherwise result from overdevelopment
on small lot sizes, and to establish basic development controls to protect other natural resources from
pollution, as well as to maintain the present rural character of the town.
1.2
Effective Date: The effective date of the Ordinance is its date of adoption by town vote. A certified
copy is on file at the Town Clerk’s Office and the Penobscot County Registry of Deeds in Bangor.
1.3
Validity and Amendments: Should any section of this Ordinance be declared by the courts invalid, it
shall not invalidate any other section. This Ordinance may be amended by majority vote of registered
Newburgh voters present at any regular or special Town Meeting, the warrant for which will give notice
of the proposed change.
1.4
Grandfathering Clause:
1.5
a. All uses of land and buildings legally existing at the time of adoption of this Ordinance, or
subsequent amendment, may continue although such use does not conform to the provisions of this
Ordinance (5-20-92).
b. A single lot of record, legally existing as of the date of adoption or amendment of this Ordinance,
which does not meet the dimensional requirements, may be used for a single family residence
provided that a valid plumbing permit can be issued, and that all other local and state laws or
regulations are met (5-20-92).
c. If any legally pre-existing structure is destroyed or damaged by casualty, it may be rebuilt in
substantially the same size and in substantially the same location, and for substantially the same use,
even though it would otherwise violate these regulations. Such reconstruction must commence
within 2 years after the casualty (5-20-92).
d. Any application pending at the time of adoption of this Ordinance shall be exempt from the
provisions of this Ordinance.
e. Any business legally existing at the date of adoption of this Ordinance shall be permitted to expand
in area, floorspace, employees, and volume of business, in conformance with the performance
standards in Article III of this Ordinance. Such expansion is permitted if not a different and/or
separate business, provided that the expansion does not make the business or building more nonconforming (5-20-92).
Non-Conforming Structures, Uses, and Lots: (this section was totally revised on 5-20-92) Any
building, structure, or land, or the use of any building, structure, or land which is made non-conforming
by the legal enactment of this Ordinance or subsequent amendment thereof, may be continued in
accordance with the following provisions:
a. Portions of a building or structure already in use and devoted to a non-conforming use may be
repaired, maintained, reconstructed and enlarged in compliance with the Land Use Ordinance,
structure and performance standards.
b. An undeveloped lot, existing of record on July 23, 1990, or amended date thereto, which does not
satisfy a dimensional requirement of Section II may be built upon provided that all other provisions
of this Ordinance can be met.
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c. Two or more contiguous lots or parcels in common ownership shall be considered one lot for the
purposes of this Ordinance if all or part of the lots do not meet the dimensional requirements or this
Ordinance even if a principal use of structure exists on each lot.
d. If two (2) or more principal uses or structures exist on a single lot of record, the lot shall not be
divided in a manner that creates a non-conforming lot or causes a non-conforming lot to become
more non-conforming.
e. Any principal structure or accessory structure existing on July 23, 1990, which is non-conforming
because it is situated on a lot which does not meet the dimensional requirements of Section II, may
be reconstructed or enlarged, provided that such work does comply with the other structure
standards, use standards, and the performance standards of this and other Town Ordinances. The
total of all additions and enlargements of any structure which does not meet the required setback
from the normal high-water line shall not exceed 30% of the volume of floor area of the structure as
it exists as of the date of the adoption of this Ordinance, nor shall it be expanded towards the water
body, tributary stream or wetland, as to add to the non-conformability.
f. A non-conforming structure or non-conforming use shall be considered abandoned if in the case of a
building or structure, it remains vacant for a continuous period of two (2) years, or if in the case of a
use or activity it ceases for a continuous period of two (2) years.
g. A non-conforming building or structure which is damaged or destroyed may be rebuilt, provided the
rebuilding is substantially started within two (2) years of the disaster.
1.6
Legal Authority: This Ordinance is adopted pursuant to Home Rule Powers as provided for in Article
VIII, Part 1, Section 2, of the Maine Constitution and Title 30-A, M.R.S.A., Section 3001 (5/20/92).
1.7
Conflicts with other Ordinances: Whenever a provision of this Ordinance conflicts with, or is
inconsistent with, another provision of this Ordinance or of any other ordinance, regulation or stature,
the more restrictive provision shall control (this article added 5-20-92).
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SECTION 2 – DISTRICTS AND DIMENSIONAL REQUIREMENTS
2.1
Designation of Districts: The town shall be divided into the following districts shown on the
Newburgh Land Use map and the Newburgh Floodplain map.
official
a. Residential and Agricultural/General Purpose District
b. Residential and Agricultural/Business District
Unless otherwise set forth on the land-use map, district boundary lines are centerlines of roads and
setbacks from waterbodies and watercourses. Where uncertainty exists as to the exact
location of district
boundary lines, the Newburgh Board of Appeals shall govern.
In addition, there shall be a Floodplain Protection Overlay District which shall overlay the
Residential and Agricultural/General Purpose District and the Residential and
Agricultural/Business
District. The boundaries of this district shall be those shown on the
official Flood Hazard Boundary Map
prepared by the Federal Insurance Administration, a copy of which is available for inspection in the Town
Clerk’s Office.
NEWBURGH LAND USE DISTRICTS MAP
NEWBURGH LAND USE DISTRICTS
A. Residential and Agricultural/General Purpose District –
all land in Newburgh except those in B below.
B. Residential and Agricultural/Business District – all
lands extending back 1000’ from each side of Route 69
between the Carmel Town line and Route 9 and also the
North Road Extension a.k.a. Bog Road
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2.2
Lot Sizes:
A. Type 1: includes all land extending back 500 feet from the center of the traveled way of all
roadways actively maintained by the Town as of March 8, 1975. The minimum lot size must be two (2)
acres and have 200 feet of road frontage. (3-9-91 to correct omission).
B. Type 2: includes all other land in Town. A minimum lot size of five (5) acres is required (3- 9-91 to
correct omission).
2.3
Minimum Lot Requirements:
a. After the effective date of this ordinance, up to two new “back lots” (without road frontage) may be
created from any pre-existing lot of record, provided that they (5/20/92):
1. conform to the minimum lot size required in the district;
2. are at least as wide as the road frontage dimension normally required in the district; and
3. are accessed by a minimum 12-foot wide driveway (containing at least 12” of sand and gravel,
drainage ditches, and culverts at appropriate points) within a deeded right-of-way which is not
less than 2 rods wide, and provided the creation of said right-of-way does not leave the original
lot non-conforming in terms of area or frontage.
4. Provisions of the Newburgh Subdivision Ordinance, Section 6, must be met (5/20/92).
b. Motels and hotels with up to ten sleeping units (rooms) shall require a minimum lot size of 3 acres
and 300 feet of road frontage, with an additional 10,000 sq. ft. of land area for each additional
sleeping unit. If single-family, self-contained dwelling units are to be incorporated into the motel or
hotel, the parcel size shall be increased by the minimum lot size in the district, for that dwelling unit.
Height limit is 2 stories above ground.
c. (1) Dimensional requirements in the Residential and Agricultural/Business District apply to each
commercial building and not to individual businesses.
2.4
Uses Permitted: The following uses are permitted in the two districts, in conformance with the “good
neighbor” performance standards and in compliance with permit or Planning Board review requirements
in Sections 4.1 and 4.2 (5/20/92).
Residential and Agricultural/Business District – Any legal use which is not prohibited by State or
Federal law is permitted in this District. Residential use shall be limited to single family homes
(5/20/92).
Residential and Agricultural/General Purpose – New uses in this District shall be limited to singlefamily homes, farming, timber harvesting, sawmills, resource extraction (such as gravel pits), home
occupations, nurseries/garden centers, grain and feed stores, antique shops, neighborhood real estate
offices, auto repair garages, barbers/hairdressers, “sit-down” restaurants, day nurseries, any municipal,
state, or institutional use (including schools, churches, hospitals, etc.), flexible residential development,
and similar businesses employing 4 or fewer persons or the equivalent of 4 fulltime employment
positions and occupying less than 2,500 sq. ft. of indoor floor space.
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In the Floodplain Protection Overly District, any use (such as agriculture, timber harvesting, nurseries,
etc.) not involving the construction of new buildings or the filling of more than 25 cubic yards of earth
material shall be permitted. Any use must also conform to all State and Federal laws.
SECTION 3 – “GOOD NEIGHBOR” PERFORMANCE STANDARDS
3.1 PURPOSES
a. To accomplish the following objectives with the least possible regulation:
b. To establish a procedure whereby the Planning Board may review new proposals to use land and
buildings for commercial, industrial, office, municipal, institutional, fraternal, or recreational
purposes, or for multi-family or mobile home park residential uses (5/20/92);
c. To establish a fair and reasonable set of standards for evaluating each land use proposal impartially,
and on its own merits (see Section 3.3 below) (5/20/92);
d. To provide local protection from those particular nuisances which are not governed by State law or
regulations (see Section 3.3 below);
e. To help preserve the peaceful rural surroundings which make Newburgh an enjoyable place to live;
f. To suggest ways in which land use proposals may be modified so that potential problems and
nuisances could be minimized or eliminated (5/20/92);
g. To balance the right of land-owners to use their land for the purposes stated in paragraph 3.1.b
above, with corresponding right of abutting and neighboring land owners to live without undue
disturbance from noise, smoke, fumes, dust, odor, glare, traffic, or stormwater runoff, or the
pollution of ground or surface water resources, or pollution of other natural resources;
h. To provide a Public Hearing process through which town residents may raise questions and receive
answers about how new land use proposals would affect them (5/20/92);
i. To encourage new development to be integrated harmoniously into the community;
j. To protect property values; and
k. To reduce or avoid negative impacts from proposed development upon town facilities (such as roads,
stormwater drainage systems, etc.).
1. To regulate development in areas subject to flooding, thereby preventing loss of life or property,
health and safety hazards, disruption of commerce and government services, extraordinary public
expenses for flood protection and relief, impairment to the Town tax base and to regulate, in
Flood Plain areas, uses which might otherwise contribute to a greater flooding potential
including, but not limited to, dumping, filling, storage of materials, and building.
3.2 Exemptions and Waivers
a. The following uses or activities are specifically exempted from the requirements of this Article:

Single family dwellings (and accessory uses)
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


Farming operations (and accessory uses) as existing
All businesses as existing on the date of adoption of this Ordinance
All legally existing land uses and development from the review procedure, provided that the
volume or intensity of such activities is not proposed to be increased substantially; or that
such expansion is not in the form of a separate and different business (5/20/92).
3.3 Criteria and Standards
a. The following standards shall be utilized by the Planning Board while reviewing the plans, drawings,
sketches and other documents required. These standards are intended to provide a frame of
reference for the applicant in the development of his plans, and a method of review for the Planning
Board and the Board of Selectmen. The Board shall approve an application or approve it with
conditions if it finds that the applicant has met his or her burden of proof and satisfies each of the
following review criteria and performance standards. Once an application is approved, the applicant
has a continuing obligation to ensure that his or her project conforms to these performance standards
(5/20/92).
1. Traffic: The proposed development shall provide for safe access to and from public and private
roads. Safe access shall be assured by providing an adequate number of access points, properly
located, with respect to sight-distances, intersections, schools, and other traffic-generators. The
proposed development shall not have an unreasonable negative impact on the town road system,
and shall assure safe interior circulation within its site, by separating pedestrian areas. Parking
and loading areas shall be adequately screened from view from neighboring residences.
2. Noise: Excessive noise at unreasonable hours shall be muffled so as not to be objectionable due
to intermittence, beat frequency, shrillness, or volume (please refer to table, below). The
maximum permissible sound pressure level of any continuous, regular or frequent source of
sound produced by an activity regulated by Article III of this Ordinance shall be as established
by the time period and Land Use District listed below. Sound pressure levels shall be measured
on a sound level meter at all major lot lines of the proposed site, at a height of at least four (4)
feet above the ground surface (5/20/92).
Sound Pressure Level Limit
7 a.m. – 9 p.m.
9 p.m. – 7 a.m.
Residential and
Agricultural/
Business District
60 dB(A)
55 dB(A)
Residential and
Agricultural/
General Purpose
District
55 dB(A)
45 dB(A)
Noises created by construction and maintenance activities between 7 a.m. and 9 p.m. are exempt
from these requirements.
Construction activities on a site abutting any residential use between the hours of 9 p.m. of one
day and 7 a.m. of the following day shall abide by the maximum sound level allowed in the
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Residential and Agricultural/General Purpose District. The following uses and activities shall
also be exempt from these noise regulations (5/20/92):
a. The noises of safety signals, warning devices, and emergency pressure relief valves and any
other emergency devices;
b. Traffic noise on public roads, or noise created by airplanes, railroads, and farm machinery.
The levels specified may be exceeded by 10 dBA for a single period no longer than 15 minutes,
in any one day.
Noise shall be measured with a sound level meter meeting the standards of the American
National Standards Institute (ANSI S1.4-1981) “American Standard Specification for General
Purpose Sound Level Meters.”
The instrument shall be set to the A-weighted response scale and the meter to the slow response.
Measurements shall be conducted in accordance with ANSI S1. 2-1962 “American Standard
Method for the Physical Measurements of Sound”.
3. Dust, Fumes, Vapors, and Gases: Generation of dust, dirt, fly ash, fumes, vapors, or gases which
damages human health, animals, vegetation, or property, or which could soil or stain persons or
property, at any point beyond the lot line of the home occupation, commercial or industrial
establishment creating that emission, shall be prohibited. All such activities shall also comply
with applicable Federal and State regulations (5/20/92).
4. Odor: No land use or establishment shall be permitted to produce offensive or harmful odors
perceptible beyond their lot lines, measured either at ground level or habitable elevation.
5. Glare: No land use or establishment shall be permitted to produce a strong, dazzling light or
reflection of that light beyond its lot lines onto adjacent properties, or onto any town way so as to
impair the vision of the driver of any vehicle upon that town way. All such activities shall also
comply with applicable Federal and State regulations.
6. Storm Water Run-Off: Surface water run-off shall be minimized and detained on-site if possible
or practicable. If it is not possible to detain water on-site, downstream improvements to the
channel may be required of the developer to prevent flooding caused by his project. The natural
state of watercourses, swales, floodways, or rights-of-way shall be maintained as nearly as
possible.
7. Erosion Control: Erosion of soil and sedimentation of watercourses and waterbodies shall be
minimized by employing the following “best-management” practices:
(a.) Stripping of vegetation, soil removal, and re-grading or other development shall be
accomplished in such a way as to minimize erosion, such as in the following manner:
(b.) The duration of exposure of the disturbed area shall be kept to a practical minimum.
(c.) Temporary vegetation and/or mulching shall be used to protect exposed critical areas during
development.
(d.) Permanent (final) vegetation and erosion control measures, in accordance with the following
standards, shall be installed as soon as practical after construction ends:
(1). Environmental Quality Handbook, Maine Soil and Water Conservation Commission
(Handbook).
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(2). State of Maine, Department of Transportation, Standard Specifications, Highways
and Bridges (MDOT).
(3). Maine Erosion and Sedimentation Control Handbook for Construction. Best
Management Practices 3/91 (3-20-92).
(e). Until a disturbed area is planted or otherwise stabilized, sediment in run-off water shall be
trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods as
approved by the Planning Board.
(f). The top of a cut or the bottom of a fill section shall not be closer than ten (10) feet to an
adjoining property. Extraction operations (sandpits, including operation, etc.) shall not be
permitted within 100’ of any property line.
(g). During grading operations, methods of dust control shall be employed if the grading is
within 200 feet of an occupied residence or place of business. Dust control methods may consist
of not grading light soils on windy days, or dampening the ground with water, for example.
8. Setbacks and Screening: Exposed storage areas, exposed machinery installation, sand and gravel
extraction operations, and areas used for the storage or collection of discarded automobiles, auto
parts, metals or any other articles of salvage or refuse, shall have sufficient setbacks and
screening to provide a visual buffer sufficient to minimize their adverse impact on other land
uses within the development area and surrounding properties (such as a dense evergreen hedge 6
feet or more in height). Where a potential safety hazard to children would be likely to arise,
physical screening sufficient to deter small children from entering the premises shall be provided
and maintained in good condition.
9. Explosive Materials: No highly flammable or explosive liquids, solids, or gases as defined by
NFPA codes shall be stored in excess of 1000 gallons unless they meet the following setback
requirements from any lot line, town way or exterior roadway: 1) If above ground 100 or 2) if
underground 50 feet. (3/8/98)
10. Water Quality: All outdoor bulk storage facilities for fuel, raw materials products, and any other
materials, as well as waste collection and disposal facilities, shall be located on impervious
pavement, and shall be completely enclosed by an approved safety fence at least six (6) feet in
height. Such fence shall be set on top of an impervious dike which shall be high enough to
contain the total volume of liquid kept with the storage area, plus the rain falling in this storage
area during a 25-year storm, so that such liquid shall not be able to spill onto or seep into the
ground surrounding the paved storage area. Minimum requirements must meet or exceed State
law.
11. Vehicular Access through Marginal Roads:
a. General
1. The purpose of marginal access roads is to control vehicles entering and exiting premises
which generate substantial traffic, in order to reduce congestion and to avoid safety
hazards.
2. Marginal access roads shall be required along arterial roads in the Residential and
Agricultural/Business District.
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b. Designs Standards
1. An interior access road may be required to be paved, consisting of 2 traffic lanes, each 12
feet wide.
2. Continuous and uninterrupted movement shall be provided from one property or use to
another.
3. The marginal access road shall be generally parallel to the arterial road. Where possible,
it shall run between that road and the structure or land use to be served.
4. Access onto the maintained road from the marginal access road shall be at intervals of not
less than 1,000 feet.
12. Multi-Family Housing
Not to exceed three dwelling units, per lot, in the residential and agricultural/business district and
in the residential and agricultural/general purpose district.
Definitions based upon current Building Ordinance: The word “dwelling” shall mean a fixed
structure containing one or more dwelling units. The phrase “dwelling unit” shall mean a
structure comprising a room or group of rooms designed and equipped exclusively for use as a
single housekeeping unit, including provisions for living, sleeping, cooking and eating.
(3/20/01)
13. Flexible Residential Development
a. Purpose – The purpose of flexible residential development is to ensure that residential
development in Newburgh, to the maximum possible extent, respects the natural features of
the land including wetlands and watercourses, the rural character of the community which is
exemplified by its open fields, pastures, stone walls, and working farms, those lands
identified as sites of significant species of plants and/or wildlife, the integrity of ancient
ways, scenic views and vista, historic sites and the tradition of recreational access to resource
lands.
The purpose of these provisions is to allow for innovative concepts of housing development
where maximum variations of design may be allowed, provided that the net residential
density shall be no greater than is permitted in the land Use District in which the
development is proposed. To this end, the layout, and dimensional requirements of the
Building Ordinance (sec. 7) may be altered except height limitations (5/20/92).
b. Basic Requirements
1. All the requirements and standards of these regulations, except those dealing with lot
layout, dimensions and roadways shall be met.
2. The minimum area of land in a flexible residential development shall be ten acres, except
where there is public water and sewer.
3. Flexible Residential Development is required for all major subdivisions which will front
town maintained roads, and may be required for any major subdivision.
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4. Determination of housing density is to be based upon net buildable area. This provision
ensures that extremely steep slopes or other unbuildable areas are not counted when the
number of new homes to be permitted are calculated.
5. The plan shall indicate the location of all proposed roads, structures, parking areas,
footpaths and common lands.
6. No building shall be constructed on soil types in Penobscot County, Town of Newburgh,
classified by the Soil and Water Conservation District as being poorly or very poorly
drained.
7. In flexible residential developments with individual lot sizes of 1 acre or less, all
dwelling units shall be connected to a common private Waste Water Disposal System.
8. Buildings shall be oriented in order to preserve and protect scenic vistas, natural
landscape features, topography, south-facing slopes, and natural drainage areas in
accordance with an overall plan for site development and landscaping (5/20/92).
9. All buildings or other structures to be constructed must at least meet the minimum
setback requirements of the Newburgh Building Ordinance in regard to abutting
properties or ways. To protect abutting properties from undue impact from the grouping
of dwelling units, the Board may require greater building setbacks and the maintenance
and/or planting of buffers of natural vegetation. The Board’s decision, however, may
provide that setbacks for structures from interior lot lines be of lesser dimension than that
established by the Building Ordinance.
10. When necessary to conform to this section the Board may set forth conditions in its
decision including but not limited to the following:
a. Granting of a covenant or easement to ensure that existing fields or pastures will be
plowed or mowed periodically with attention given to the requirements of existing
animal and plant species.
b. Granting of an easement providing and defining rights of existing, legally established
public access (5/20/92).
c. Designation of no-cut or limited clearing areas or lots.
d. Measures to ensure the maintenance of scenic views and vistas.
e. Specific approval of the uses allowed in designated common areas and recreational
areas including the requirement that before construction of any recreational structures
such as tennis courts, swimming pools or accessory clubhouses, plans be submitted to
the Board for review.
f. To preserve rural character in a flexible residential development, the Board may
allow roads to meet a lesser standard than required by the Newburgh Street Ordinance
(i.e. 2-rod road).
C. Dedicated Common Lands
1. Dedication and Maintenance of Common Lands and Services
a. All common land shall be owned jointly or in common by the owners of the
dwelling units by means of an incorporated home-owners association, by an
association which has as its principal purpose the conservation or preservation of land
in essentially its natural condition.
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b. Any proposed agricultural or common land, unless conveyed for conservation/passive
recreational use to a non-profit land conservation organization, approved by the
Board, shall be covered by a restriction enforceable by the Town or non-profit land
conservation organization providing that such land shall be used only for the purpose
specified in the special permit. Such restriction shall conform to the standards of the
Environmental Quality, Maine Soil and Water Conservation Commission
(Handbook). All proposed common agricultural or common land shall be kept in its
natural state or be used for woodland and agricultural operations, including, but not
limited to, the cultivation and harvesting of crops, flowers and hay, the planting of
trees and shrubs and the mowing of grass, the grazing of livestock, the construction
and maintenance of fences necessary or appropriate in connection therewith, provided
such activities are in accordance with good woodland and agricultural management
practices. Such restrictions may provide for easements for underground utilities,
including wells, and septic systems, to service lots in the development, as set forth in
the bylaws of the Home Owners association (5/20/92).
c. Further subdivision of the land is prohibited.
d. The common areas shall be shown on the Final Plan with appropriate notation on the
plan to indicate that is shall not be used for future building lots.
e. If any or all of the common lands and services are to be reserved for the use of the
residents, the bylaws of the proposed homeowners association shall permanently
guarantee maintenance responsibilities and shall be submitted to the Board prior to
Final Plan approval.
2. Provisions for Ownership and Maintenance of Common Lands/Dedicated Agricultural
Land
a. Covenants for mandatory membership in the homeowners association setting forth the
owners’ rights, interests, and privileges in the association and the common property,
shall be reviewed by the Board and included in the deed for each lot or dwelling.
b. The homeowners association shall have the responsibility of maintaining the common
lands.
c. The association shall levy annual charges against all lot owners to defray the
expenses connected with the permanently guaranteed maintenance of common lands
and tax assessments.
d. 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.
3. Retention of Common Land/Dedicated Agricultural Land & Natural or Historic Features
a. In any subdivision, the Board may require the developer to provided a minimum of
1/3 of his total area as common lands. The developer may instead make a payment
in-lieu-of dedication into a municipal land acquisition or improvement fund equal to
the value of a minimum of 1/3 of his total area. The developer may propose a
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combination of dedicated land and cash-in-lieu which would equal the 1/3 total area
minimum for the Board’s approval. Payment in-lieu-of dedication shall be calculated
at the market value of land at the time of the subdivision, as determined by the
municipal tax assessor, and deposited into a municipal land acquisition or
improvement fund. (5/20/92).
b. Land reserved for common land purposes shall be of a character, configuration and
location suitable for the particular use intended. Sites selected primarily for scenic or
passive recreation purposes shall have such access as the Board may deem suitable
and no less than twenty five feet of road frontage.
The configuration of such sites shall be deemed adequate by the Board with regard to
scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc.
where necessary and appropriate.
14. Development in The Flood Plain
1. Filling, dumping, earthmoving activities:
a. To ensure that any filling, dumping, and/or earthmoving proposed to be deposited or
removed from the Flood Plain must be shown to have some beneficial purpose and
that the amount of alteration is not greater than is necessary to achieve the purpose, as
demonstrated by a plan submitted by the owner showing the uses to which the filled
land will be put, and the final dimensions of the proposed fill or other materials.
b. The Planning Board may require such fill or other materials to be protected against
erosion by riprap, vegetative covering or bulkheading as defined in Sec. 3.3 (a) (7)
(5/20/92).
4. Structure
a. No structure for human habitation shall be located within the Flood Plain unless the
applicant shows proof, through the use of engineering surveys, that the proposed
location for structure is at least one foot above the elevation of the 100-year flood
level.
5. Subsurface waste water disposal systems will meet all applicable state codes.
6. Storage of material and equipment:
a. The storage or processing of materials that are, in the time of flood, buoyant,
flammable, explosive, or potentially injurious to human, animal, or plant life are
permitted with special permit.
b. Storage of other material or equipment may be allowed if not subject to major
damage by floods and if firmly anchored to prevent floatation, or if readily removable
from the area within the time available after flood warning.
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7. Campgrounds and mobile homes shall be prohibited in the Flood Plain.
14 Refuse Disposal
“The land use permitee shall provide for the disposal of all solid and liquid wastes on a timely
basis and in an environmentally safe manner consistent with state and federal standards. The
Board may require the applicant to specify the amount and exact nature of all industrial or
chemical wastes generated by the proposed operation. Hazardous wastes as defined by the U.S.
Environmental Protection Agency or the Maine Department of Environmental Protection may
not be stored, processed, or disposed of within the Town except in conformance with all federal
and state regulations.”
15. Off-Street Parking and Loading (Non-Residential)
a. The following standards shall apply to all new uses or establishments, and also to all existing
uses or establishments which expand or increase their volume or intensity of usage more than
25% in any then-year period.
b. All new or enlarged off-street parking facilities shall also conform to all other relevant
standards and criteria contained in Section 3.3 of this ordinance.
c. An area of 300 square feet shall be considered sufficient for each automobile parking space,
including room for maneuvering and turning. Parking areas shall be so arranged that it is
unnecessary for vehicles to back into the street.
d. No off-street parking shall have more than 2 openings onto the same street, each opening not
to exceed 26 feet in width, and with a minimum of 500 feet between openings.
e. Required off-street parking for all land uses shall be located on the same lot as the principal
building or facility or within 100 feet measured along lines of access.
f. The Planning Board may approve the joint use of a parking facility by two or more principal
buildings or uses where it is clearly demonstrated that said parking facility would
substantially meet the intent of the requirements by reasons of variation in the probable time
of maximum use by patrons or employees of such establishment.
g. Parking spaces shall be provided as required and made available for use before the final
inspection is completed by the Code Enforcement Officer. An extension of 1 year’s time
may be granted by the Code Enforcement Officer providing a performance bond, or its
equivalent, is posted equaling the cost to complete the improvements as estimated by the
Code enforcement Officer, provided the parking space is not required for immediate use. In
the event the improvements are not completed within the specified time, the bond or its
equivalent shall be forfeited and the improvements thenceforth constructed under the
direction of the town.
h. Access points from a public road to commercial and industrial operations shall be so located
as to minimize traffic congestion and also to avoid generating traffic on local access streets
of a primarily residential character.
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i. All parking areas shall be located off the street so that vehicles can be turned around within
such areas without backing into the street. The number of parking spaces required for
various types of commercial and industrial establishments is listed in Section 3.3 a.16(c)(7)
of this Ordinance (5/20/92).
j. All driveway entrances and exits shall be kept free from visual obstructions higher than three
(3) feet above street level for a distance of 25 feet measured along the intersection driveway
and street lines in order to provide visibility for entering and leaving vehicles.
k. All parking and loading areas for industrial establishments shall be located at the side or rear
of the principal building. A visitor parking area may be located between the front lot line and
the front of the principal industrial building.
l. Loading facilities shall be located entirely on the same lot as the building or use to be served
so that trucks, trailers, and containers shall not be located for loading or storage upon any
town way. Specific loading requirements are listed in (m) below.
m. The following minimum off-street loading bays or berths shall be provided and maintained in
the case of new construction, alterations, and changes of use:
1) Office buildings, hotels, and motels with a gross floor area of more than 100,000 square
feet require one bay.
2) Retail, wholesale, warehouse and industrial operations with a gross floor area of more
than 5,000 square feet required the following:
5,001 to 40,000 sq. ft.
40,001 to 100,000 sq. ft.
100,001 to 160,000 sq. ft.
160,001 to 240,000 sq. ft
240,001 to 320,000 sq. ft.
320,001 to 400,000 sq. ft.
1 bay
2 bays
3 bays
4 bays
5 bays
6 bays
3) Each 90,000 square feet over 400,00 square feet requires one additional bay.
4) No loading docks shall be on any street frontage. Provision for handling all freight shall
be on those sides of any buildings which do not face on any street or proposed streets.
16. Parking Lot Design Criteria (Non-Residential)
a. Vehicular Entrance and Exit
1) Entrance and exits should be clearly identified by the use of signs, curb cuts, and
landscaping.
2) Entrance/exit design should be reviewed by and be in conformance with the standards of the
Maine Department of Transportation traffic personnel for size, location, sight-distance, grade
separation, and possible future changes in highway alignment no any affected public roads.
b. Interior Vehicular Circulation
1) Major interior travel lanes should be designed to allow continuous and uninterrupted traffic
movement.
2) Customer/employee and service traffic should be separated to the greatest extent possible.
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3) One-way travel lanes may be used as a traffic control device in conjunction with roadway
dividers.
4) Enclosures, such as guardrails, curbs, fences, walls, and landscaping, should be used to
identify circulation patterns of parking area and to restrict driving movements diagonally
across parking aisles, but not to reduce visibility of oncoming pedestrians and vehicles.
c. Parking
1) Access to parking areas should not be from major interior travel lanes, and shall not be
immediately accessible from any public way.
2) Parking areas shall 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.
3) Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian
access and visibility.
4) All parking spaces and access drives shall be at least five (5) feet from any side or rear lot
line, except for the additional requirements in buffer yards.
5) All artificial lighting used to illuminate any parking space or spaces shall be so arranged that
no direct rays from such lighting shall fall upon any neighboring property or streets.
6) Bumpers and/or wheel stops should be provided where overhang or parked cards might
restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent
walkways, or damage landscape materials.
7) Parking areas shall be provided to conform with the number required in the following
schedule:
Activity
Assembly and packaging
plant
Auto Service Station or
Repair Garage
Bank
Barber/Beauty Shop
Boarding House
Bottling Plant
Factory
Building material storage
and sales facility
Childcare facility
Church
Commercial recreation
Facility
Commercial school
(dancing, art,
ceramics)
Convalescent/nursing home
Flea Market
Hospital
Hotel, motel, inn
Library, museum, art
gallery/studio
Manufacturing plant
Membership club
Minimum Required Parking
100 sq. ft./employee
180 sq. ft/1000 sq. ft. lot area
180 sq. ft/1000 sq. ft. floor area
4x180 sq. ft./chair
180 sq. ft./2 beds
180 sq. ft/employee
180 sq. ft/employee
2x180 sq. ft./employee
100 sq. ft./4 children
180 sq. ft./3 seats
180 sq. ft./100 sq. ft. floor area
180 sq. ft./50 sq. ft. floor area
180 sq. ft./2 beds
3x180 sq. ft./table
180 sq. ft. 2 beds
180 sq. ft./sleeping room
180 sq. ft./100 sq. ft. floor area
180 sq. ft./employee
3x180 sq. ft/100 sq. ft. floor area
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Mixed use
Neighborhood commercial
School
Photo/testing laboratory
Pool hall/pinball,
billiard, video game
parlor
Medical Offices (MD’s,
dentists)
Other professional Offices
Repair establishments
(appliance, tool,
small engine)
Restaurant
Nightclub/disco/bar/
tavern/pub
Retail store (except
neighborhood
commercial)
Theater, indoor
Veterinarian clinic,
animal hospital
Warehouse
TOTAL OF INDIVIDUAL USES
180 sq. ft./200 sq. ft. floor area
180 sq. ft./15 classroom seats
180 sq. ft./300 sq. ft. floor area
180 sq. ft./100 sq. ft. floor area
180 sq. ft./100 sq. ft net floor OD’s
area
180 sq. ft./250 sq. ft. net floor area
180 sq. ft./150 sq. ft. floor area
180 sq. ft./3 seats
3x180 sq. ft./100 sq. ft. floor area
180 sq. ft./300 sq. ft. net floor area
180 sq. ft./3 fixed seats
5x180 sq. ft./veterinarian kennel
180 sq. ft./500 sq. ft. floor area
Where floorspace is to be used in calculating the number of required parking stalls, gross
floorspace shall be used unless otherwise noted
D. Other Requirements
1) Access Control: Land lying along Route 69 may be divided into lots, but all vehicular
movements to and from the highway shall be via a single common driveway or entranceway
serving all lots or premises. All lots of record existing at the time of ordinance amendment shall
be allowed one direct access to Route 69 or 9 provided that minimum safe sight-distance
standards (below) can be met.
Exceptions for a second entrance/exit for a large parking lot may be granted by
the Planning Board provided that the two access points are not closer than 500
feet and that they both meet the minimum sight-distance standards below:
Type of Roadway From Which Access is Gained
Maintained Collector Minor Ind/Comm.
Minimum safe-sight
Distance
Posted Speed Limit
For Passenger Cars
For Single-Unit
For Tractor-Trailers
30
300’
415’
530’
35
350’
475’
615’
40
400’
540’
700’
45
450’
600’
840’
Note:
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50
500’
675’
975’
55 (mph)*
540’
750 Trucks
1100’
Where it is impossible to meet these sight-distance standards, due to physical conditions, a maximum
variance of 30% may be permitted. (The 30% variance is consistent with the absolute minimum
stopping distance requirements on wet pavement by the Maine Department of Transportation).
2) Landscape: the existing landscape shall be preserved in its natural state, in so far as practicable,
by minimizing tree removal, and any changes shall be in keeping with the general appearance of
neighboring developed areas. Parking lots shall be landscaped with a continuous border of
shrubbery along all lot lines abutting residential properties according to the buffering standards
in 3.3.a(8) above. Large parking lots shall be provided with at least one tree (of 3” caliper) for
every 35 car spaces (4 trees per acre), to be located at representative points throughout such lots.
All parking or outdoor storage areas shall be separated from any public road by a landscaped
buffer strip at least 15 feet wide, planted with shade trees (minimum 3” caliper, planted at least
every 50 feel along the road frontage) and dense medium height shrubs (three feet in height on
maturity to screen parked vehicles). All such plantings shall be maintained as an effective visual
screen. Shrubs or trees which die shall be replaced within one growing season. A majority of
landscape vegetation should use native species.
17. Earth Removal and Filling
a. Purpose: The purpose of this section is to establish minimum removal and reclamation
standards, and municipal procedures intended to regulate the removal, processing and storage of
topsoil, loam, rock, flat rock, sand, gravel, or similar materials, other than metallic minerals.
These standards and procedures are intended to protect the public health, safety, and general
welfare: and to minimize the adverse impact of extraction to the town, abutting owners, citizens
of the town, and wildlife and natural resources by:
1) Preserving and protecting surface and groundwater quality and quantity;
2) Preserving the value of property;
3) Assuring protection of wildlife and wildlife habitat;
4) Protecting the scenic quality of Newburgh, its environment and it’s residents.
b. Administration: The provisions of this section shall be administered by the Newburg’s Planning
Board and enforced by the Town of Newburgh’s CEO and Board of Selectmen.
The Board of Selectmen will establish, after notice and hearing, and may from time to time
revise a fee schedule for the various applications and permits required by this section.
c. Applicability: The provision of this Section shall apply to all mineral extraction operations
(MEO) within the Town of Newburgh, Maine except the following:
1) The removal or filling of material incidental to construction, alteration or repair of a building
accessory structure or in the grading and landscaping incidental to such construction,
alteration or repair;
2) The removal or filling of material incidental to construction, alteration or repair of a public
or private way or public utility;
3) The excavation, processing, or storage of less than 100 cubic yards of material on a parcel
within the period of one year.
4) Construction of farm and fire ponds.
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d. District Requirements
1) Earth-moving in the General Purpose District and Agricultural/Residential and Business
District: Movement of material in excess of 100 cubic yards requires the approval of the
Code Enforcement Office. All relevant performance standards below shall be observed,
including binding agreements to guarantee proper reclamation of the site after operations
cease.
2) Earth-moving in the Shoreline Districts: any filling or dredging of land below the normal
high water mark shall require a Conditional Use Permit from the Planning Board. Any filling
or excavation of less than 10 cubic yards per year shall require a permit from the Code
Enforcement Officer (except as prohibited above), to ensure proper erosion and
sedimentation controls as described in the Shoreland Zoning Ordinance.
3) Earth-moving in the Resource Protection* and Floodplain Districts: Filling shall be
prohibited in these two districts, but excavation or dredging may be permitted within the
Floodplain District in accordance with the performance standards of this Ordinance, after
review and approval by the Planning Board.
e. Application: Within ninety (90) days of approval of this section, all MEOs, shall either;
1) Provide evidence of registration with the Mine department of Environmental protection to the
Code Enforcement Officer or
2) Provide statement from the pit owner to the Code Enforcement Officer that the pit was active
prior to the 1990 excavation ordinance or
3) Provide registration with the Planning Board, and submit the following:
Scale of drawings, with north arrow
Boundaries of the tract of land showing lot lines and total acreage of entire parcel
Existing and proposed excavation areas, depth and height of final excavation
Structures on property, area used for storage of topsoil and other overburden
Location of hazardous material storage areas
Location of existing public and private streets, roadways, right of way, and access road
Location of residences and wells within 1,000 fet of property boundaries
Exposed ground water site
A reclamation plan describing the implementation of the standards outlined in section9.18 of
this section
4) The permit application shall provide the following information:
An estimated time schedule of future excavation;
An estimated time schedule for reclamation and closure;
An estimate of the amount of earth material annually extracted;
An estimate of the average daily number of trucks taking material in or out of the site;
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Whether processing of material is done on the site, and the nature and amount of that
processing;
Proposed hours and days of operation
Blasting plan, if any
A statement regarding the financial resources that will be dedicated and reserved for the
reclamation process. This statement should express the dollars per acre that will be reserved
for reclamation and the manner that it will be reserved
5) No permit shall be issued for a period to exceed three years, although such permit may be
renewed for additional periods in the same manner. If no excavation activity has occurred
since the issuance of the last permit, the permit may be extended for two years by the Code
Enforcement Officer. The owner is responsible for filing a report (90 days prior to the
expiration date of the permit) stating the current operational status of the MEO.
6) Any operation not registered, or which fails to qualify to be registered, pursuant to this
section, shall be deemed closed, and may not , after such 90 day period, continue or resume
operation, and shall be subject to the civil penalties allowed in 30-A M.R.S.A., section 4452
assessed for each day after the 90 day period.
f.. Performance Standards
i.
Mineral extraction operations shall conform to all applicable State Laws and local ordinances
or regulations.
2) Where provision of this section conflict with specific provisions of State Laws or other town
ordinances, the stricter provision shall prevail.
3) The owner and/or operator of mineral extraction activity shall be responsible, both jointly and
severally, for ensuring compliance with this Section.
4) In all cases, the applicant shall have the burden of proof that all requirements, standards, and
conditions of this section and subsequent approval be met.
5) Where the Code Enforcement Officer and/or Planning Board determine there is a need for testing or
measurements of standards, all reasonable testing shall be at the operator’s expense.
6) The hours of operation at any extraction site shall be limited to 7 a.m. to 6 p.m.
Part: B Section 2: Where activities carried out under this Article require the removal of existing ground cover,
revegetation should be carried out. The Planning Board shall set a specific date by which permanent ground
cover shall be planted. Applicant shall submit written approval from the appropriate soil and water
conservation district. Temporary ground cover (such as mulch) and temporary run-off filters (such as hay bales
in swales) shall be used as required to prevent erosion and sedimentation.
Part: B Section 3: Application for a permit for the excavation of any stream banks require prior written approval of
the Department of Environmental Protection (5/20/92).
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f. Performance Guarantees and Insurance. No permit shall be issued without a surety bond or
other equivalent security to ensure compliance with such conditions as the Planning Board may
impose. The bond or surety shall be in an amount recommended by the Code Enforcement
Officer, and approved by the Planning Board, as sufficient to guarantee conformity with the
conditions of approval, taking inflation into account. No permit shall be issued for a period to
exceed three years, although such permit may be renewed for additional periods in the same
manner. Before commencing removal of any earth material, the owner or operator of the
extraction site shall present evidence to the Planning Board of adequate insurance against
liability arising from the proposed extraction operations, and such insurance shall be
maintained throughout the period of operation; and (5/20/92)
g. Optional Conditions of Permit. The Planning Board may impose other reasonable conditions
to safeguard the neighborhood and the Town which may include those relating to:
1)
2)
3)
4)
5)
6)
7)
8)
methods of removal or processing;
days and hours of operation;
type and location of temporary structures;
routes for transporting material;
area and depth of excavations;
provision of temporary or permanent drainage;
disposition of stumps, brush and boulders; and
cleaning, repair and/or resurfacing of streets used in removal activity which have been
adversely affected by said activity;
9) methods of site cleanup, closure, and site restoration.
h. Existing Operations. Any operation involving the excavation, processing or storage of
soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the
time this Ordinance becomes effective may operate for a period of two years from
effective date.
Continuation of any existing operation for more than two years shall require a permit from the
Code Enforcement Officer. Discontinuance of any existing operation for a period of more than
one year shall require application for a new permit.
18. Agricultural Land Conservation and Development Standards.
a. The purpose of this section is to allow landowners a reasonable return on their holdings, in such
a way that the majority of existing open field, pasture, or woodland registered under the Maine
Tree Growth Tax Law may remain unbuilt for use by future generations. Toward this end, all
residential subdivision development proposals encompassing 10 or more acres of existing open
fields, pasture, or woodland registered under the Maine Tree Growth Tax Law shall be laid out
according to the flexible residential development standards in Section 3.3.a.12 above, and in a
manner consistent with the Newburgh Subdivision Review Standards.
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On any parcel meeting the above criteria, which is proposed for development, which contains
land that is not either open field or pasture, new dwellings shall be clustered on such land to the
most practical extent, so that the fields and pasture remain as undeveloped as possible.
b. Dwelling units shall be arranged so that not more than one acre of land is developed for every
two dwellings built (including roads) subject to the determination of “suitable land for
development” below. The above building densities shall be based on the following table, which
shows the percentage of land in various drainage categories which may be counted as “suitable
land for development” (5/20/92).
Somewhat Poorly
and Poorly
Drained Soil
50%
Very Poorly
Drained Soil
0%
Other
100%
c. In order to determine the maximum of dwelling units permitted on a tract of land, the total
acreage allowed to be included (on the basis of the above table), less the land needed for roads,
is divided by the minimum lot size required in the district (two acres, five acres). The “total
acreage” includes all land within the overall parcel, including that portion which is to become
permanent open space. A high-intensity soil survey by a Registered Soil Scientist shall be
submitted to certify the extent and location of these soil types.
d. To the fullest extent practicable, all buildings and roads shall be located away from the soil
types which are most suitable for agriculture or silvicuture (based on the “Soil Suitability Guide
or Land Use Planning in Maine”). This provision does not apply to the location of on-site septic
disposal facilities, which must be placed on soil meeting the standards of Maine State Plumbing
Code.
e. Applicants for subdivision review under this subsection shall provide the Planning Board with
copies of deed covenants (with prospective purchasers) or conservation easements (with the
Town of Newburgh) describing land management practices (to be followed by the developer
and/or a community association of homeowner association) which will ensure that existing
fields or pastures will be plowed or mowed at least once every year.
f. Farmland (or woodland) owners are not required to sell that part of their property which is to
become open space provided that they convey the development rights of that open space to the
town or a land trust, in a conservation easement prohibiting future non-agricultural (or
silvicultural) development.
19. Signs
The following provisions shall apply to all new or replacement signs for outdoor display in
Newburgh, excepting name signs identifying residential occupants, farms and tree farms.
a. Dimensions
1) Single signs shall be allowed up to 32 sq. ft. each, whether free-standing or attached to a
structure. The maximum total sign area per business shall be 50 sq. ft.
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2) Double-sided signs with equal and parallel faces shall be measured as if they were singlesided, because only one side can be seen at a time.
3) Signs may be allowed to be larger in area when they advertise a group of businesses located
in a single building, mall, plaza or office park. In such cases, the maximum permitted sign
area shall be 16 sq. ft. for the sign bearing the name of the building, mall, plaza or office
park; and 2 sq. ft. for each business or office located there. In addition to the group sign,
each business in the mall, plaza, or office park may have a sign on their premises, up to 32
sq. ft. in area.
b. Height
1) Free-standing signs may be up to 15’ high, measured with respect to the average ground
grade.
2) Roof signs or signs above eaves level of building are not allowed. However, signs mounted
on a parapet wall which extends above the roofline may be permitted, provided they don’t
extend above the top of the parapet.
c. Location
1) As required by state law (Title 23, MRSA, Sect. 1914), no signs may be located:
a. Within 33 feet of the center line of any public way if the highway is less than 66 feet
in width;
b. Within 20 feet from the outside edge of the paved portion of any public way with
more than 2 travel lanes and a total paved portion in excess of 24 feet in width; or
c. Within the full width of the right-of-way of any public way, whichever is stricter.
2) Signs shall be placed at least ten feet from any side lot lines, and shall be placed so as not to
obstruct the view of traffic.
d. Lighting
1) Flashing, moving, or animated sign shall be prohibited. (This shall not prohibit signs which
swing from hooks.)
2) Signs will be illuminated only by shielded non-flashing lights so as to effectively prevent
beams or rays of light from being directed at neighboring residential properties or any portion
of the main traveled way of a roadway, or is of such low intensity of brilliance as not to cause
glare or impair the vision of the driver of any motor vehicle or otherwise interfere with the
operation thereof (5/20/92).
3) Plastic signs which are internally lit shall be allowed, provided they contain dark
backgrounds with light-colored letters or symbols (to reduce roadside glare). When plastic
signs are to be externally illuminated, they may be any color.
e. Miscellaneous
1) Strings of light bulbs, pennants, propellers, etc. shall not be permitted, except as part of a
holiday celebration.
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2) Mobile signs, such as those mounted on a movable chassis (with or without wheels) may be
displayed for up to fifteen days at a time, and no more than two times in any twelve month
period.
f. Administration
Prior to erecting a sign or replacing an existing sign, owners shall first submit a drawing
to the Building Inspector showing the dimensions, location, materials, and illumination
proposals. The Building Inspector shall issue a permit if the application meets all the
requirements of this ordinance and conforms with all applicable state laws. Unless
exempted below, in paragraphs g or h, no sign may be erected or replaced without a
permit.
g. Exceptions: For the purpose of this Section, the term “sign” shall not include:
1. Signs erected for public safety and welfare or pursuant to any governmental function.
2. Directional signs solely indicating entrance and exit placed at driveway locations, containing
no advertising material, and where display area does not exceed three square feet or extend
higher than seven feet above ground level.
3. Signs relating to trespassing and hunting, not exceeding two square feet in area.
4. Temporary sign advertising property for lease or sale, and political campaign signs.
h. Non-Conforming Signs
1. Maintenance: Any new sign of different size, shape, or material replacing a non-conforming
sign shall conform to the provisions of this Section, and the non-conforming sign shall not
thereafter be displayed.
2. Replacement: Any new sign of different size, shape, or material replacing a non-conforming
sign shall conform to the provisions of this Section, and the non-conforming sign shall not
thereafter be displayed.
3. Continuance: Any conforming sign may continue to be displayed indefinitely. Signs which
exceed the maximum standards for area (in paragraph 19(a) above) shall be brought into
compliance with this ordinance (5/20/92).
A twelve-month extension may be granted once to any sign-owner, by the Selectmen,
continuance of the sign, and if it finds that the sign has been well-maintained. Such
extension shall not be granted to any applicant whose premises are in violation of
other town
requirements.
Signs not removed within these time limits shall be removed by the Town, if the sign
owner of property owner fails to do so after being so instructed by the Selectmen.
Costs of said removal shall be borne by the property and/or sign owner and may be
recovered by the Town, if necessary, in an action of contract in the District court.
20. Home Occupations
a. A home occupation is an occupation or profession which is carried on in a dwelling unit or
structure accessory to a dwelling unit, and which is clearly incidental and subordinate to the
use of the lot for residential purposes.
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b. Any home occupation which may be carried out without 1) altering residential character of
the neighborhood; or 2) changing the character of the lot from its principal use as a residence,
shall be permitted if it complies with the requirements of this section.
c. The following requirements shall be satisfactorily demonstrated to the Planning Board before
it may issue a home occupation permit:
1) the home occupation shall be carried on by members of the family residing in the
dwelling unit, with not more than 2 full time employment positions filled by persons who
are not members of the family;
2) the home occupation shall be carried on wholly within the principal and accessory
structures;
3) the home occupation shall not occupy more than 500 square feet of floor area or more
than 25% of total floor area of the principal structure, whichever is less;
4) the “good neighbor” performance standards in Section 3.3.a of this ordinance shall apply,
with regard to noise, smoke, dust, odors, etc.
5) no traffic shall be generated by such home occupation in a volume greater than would
normally be expected during the day time in a residential neighborhood, and the off-street
parking requirements stated in Sections 3.3.a.16 and 17 shall be met.
If existing off-street parking is required to be expanded, it shall be adequately
screened from the road and from adjacent house-lots (for example, with a dense
screen of evergreens) and shall not be located between the house and the road.
6) no exterior signs or displays other than one sign with a maximum area of three-square
feet visible in each direction along the road shall be permitted, and no other exterior
indication of the home occupation of variation from the residential character of the
principal building.
7) the sale of products shall be limited to those which are crafted, assembled, or
substantially altered on the premises, and to catalog items ordered on the premises by
customers.
8) the term “home occupation” shall also include both professional and personal services
(such as physicians, dentists, lawyers, architects, real estate or insurance agents, barbers,
hairdressers, watch/lock repair, and similar business compatible in residential areas),
within the limits on number of employees, etc. for home occupations.
9) farm produce raised on the premises shall not be classified as a Home Occupation unless
a roadside stand exceeding 35 sq. ft. in area is proposed to be built. Likewise, yard sales
occurring on less than three weekends or less than six consecutive days during the period
May 1 through September 30 shall not be considered to be home occupations and shall
not require any review or permits.
21. Campgrounds: Campgrounds shall conform to the minimum requirements imposed under State
licensing procedures and the following (in cases of possible conflict, the stricter shall apply):
1. General
a. A campground must be constructed on at least 10 acres of land, and all camping units or
structures shall be located at least 200 feet from any residence (except residences
belonging to the campground owners).
b. Campsites shall be laid out or screened in such a manner that none are within view from
public roads, navigable rivers, existing residences or approved subdivision lots. Any
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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 location described above.
c. The management of campground shall be responsible for operating their premises in
accordance with all Town codes and ordinances and all State laws and regulations. The
maintenance of all open space areas, roads, and utilities in a park shall be the
responsibility of the park management.
d. A time limit is placed on the occupancy of any one camping space on a continuing basis
as follows: twelve weeks for the period May 15 to September 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.
e. No trailers other than recreational vehicles as defined herein shall be permitted within
any camper park, temporarily or otherwise. No camping unit shall be stored or exhibited
for sale for commercial purposes within the park.
f. Tent sites and sites for recreational vehicles (RV’s) shall be laid out so that the density on
each developed acre of land does not exceed the standards below (in terms of site per acre
of land, excluding circulation roads):
Tent Sites
RV sites
Non-Shoreland
Shoreland Area
14 per acre
11 per acre
8 per acre
6 per acre
g. Minimum frontage per site along any shoreline shall be 100 feet. Minimum setbacks
from the shoreline shall be 75 feet for all recreational vehicles, tents, or other vehicles
and temporary or permanent structures.
2. Parking and Circulation
a. A minimum of two hundred square feet of off-street parking plus maneuvering space
shall be provided for each recreational vehicle, tent, or shelter site. Recreational vehicles
shall be so parked in spaces that:
1. there shall be a minimum of 25 feet between vehicles, and that
2. there shall be a minimum of 45 feet between all recreational vehicles and tents, and
all public rights-of-way located inside the boundaries of the trailer park or
campground.
b. Vehicular access shall be provided in conformance with the standards of the Maine
Department of Transportation traffic personnel for size, location, site distance, grade
separation, and possible future changes in highway alignment on any affected public
roads. Roads shall be constructed of at least 12’ of bank run (no stone larger than 4”)
gravel (5/20/92).
3. Health and Safety
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a. Each recreational vehicle, tent, or shelter site shall be provided with a picnic table and
trash receptacle. Within a maximum of one hundred and fifty feet from each campsite,
there shall be a container capable of storing the amount of refuse that the camping area
for which it was designed could generate in one week. The park management shall
dispose of refuse from said containers by transporting the refuse in a closed truck or in
enclosed containers or bags to an approved disposal area at least once a week.
b. 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 Human Services. In no case shall less than one toilet,
lavatory and shower be provided for each sex for every ten camping and tent sites.
All RV (recreational vehicle) site shall be equipped with water and sewage hook-ups,
connected to approved distribution or disposal systems; or a central water supply and
sewage holding tank shall be installed, in compliance with all applicable state regulations.
c. Fire extinguishers and/or fire hoses shall be kept in all service buildings. A suitable
ingress and egress shall be provided so that every campground may be readily serviced in
emergency situations. 24 hour emergency communication services (e.g. telephones) shall
be provided.
4. Planning and Review
a. Roads, parking, campsites and required facilities shall be planned in accordance with the
basic principles outlined below, and shall be shown on the proposed plan which is
submitted for review and approval by the Planning Board.
1) A logical sequence of entry and circulation should be created: entrance,
administration and storage, parking, campsites, toilets and laundry, playing fields and
shoreline.
2) Campsites should be clustered in groups according to intensity of use (low density,
medium density, etc.) serving a number of campsite clusters. The purpose is to
minimize road length, increase accessibility, and preserve open space.
3) Footpaths and roads should follow “desire lines” of pedestrian and vehicular
movement between campsites and all jointly used facilities. Parking areas may be
grassed, reinforced with open concrete blocks.
4) Access roads shall be laid out as loops to the greatest extent that is practicable,
although “cul-de-sacs” or “dead-ends” may be allowed to serve up to 20 campsites.
b. A soil erosion and sedimentation control plan meeting the standards of the Penobscot
County Soil and Water Conservation Commission shall be submitted. In addition to data
soils, slopes and drainage, a vegetation map showing the following items may be
required.
1) The major types of vegetation should be identified and described (as to age, height,
openness or density, and pattern – either natural or reforested)
2) New planting should be selected to provide screening and shelter, to tolerate existing
and proposed site conditions, and to blend compatibility with existing natural
vegetation.
3) All vegetative clearing should avoid creating straight-line edges between open land
and surviving stands.
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4) Areas of activity and/or traffic should be sited to avoid wildlife areas (such as thicket
for birds and small mammals, or deer yards and trails).
4. Shoreland Campgrounds: Campgrounds in the Shoreland zones shall also be designed in
conformance with all relevant performance standards in the State-Mandated Shoreland
Zoning Ordinance.
22. Kennels, Boarding Kennels, and Veterinary Clinics
a. All enclosed kennels or parts of veterinary buildings where animals are kept shall be
constructed of masonry (to at least four feet above finished floor level) to provide for
cleanliness, ease of maintenance, and noise control.
b. If outdoor “runs” are provided, they shall be completely fenced in (6 feet high) and shall
be paved with cement, asphalt or a similar material to provide for cleanliness and ease of
maintenance.
c. If outdoor “runs” are provided, they shall be located at least 100 feet from any property
line and at least 200 feet from the nearest dwelling existing or under construction on the
date of the kennel or vet clinic’s application. (This setback requirement shall not apply to
the vet’s or kennel proprietor’s own dwelling.)
d. Temporary storage containers for any wastes containing or including animal excrement
shall be kept tightly covered at all times, and emptied no less frequently than once every
four days. Such containers shall be made of steel or plastic to facilitate cleaning, and shall
be located in accordance with the setbacks required for outdoor runs.
e. Any incineration device for burning excrement – soaked waste papers and/or animal
organs or remains shall not be allowed. Disposal of above shall conform to DEP
regulations.
f. Kennels, boarding kennels and veterinary clinics shall not be located on lots having less
than three acres in size.
g. All other relevant “good neighbor” performance standards in this ordinance (such as for
noise and odor) shall also be observed.
Part: B Section 4: Article IV - ADMINISTRATION
4.1 Administration of the “Good Neighbor “Performance Standards
The “good neighbor” performance standards contained in Article 3 of this Ordinance apply to those
types of new or expanded development named in paragraph 3.1.b. These standards shall be
administered in the following manner.
a. Applicability:
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1. In the application of the performance standards contained in Article 3 of this Ordinance,
including the determination of necessity for Planning Board review and approval of a Land Use
Plan, the Planning Board shall be governed by the purposes of this Ordinance set forth in Section
1.1 and 3.1 (5/20/92).
2. An approved Land Use Plan, where it deemed necessary under the terms of this Ordinance, shall
be necessary before applying for the Land Use Permit for the proposed activity, and shall consist
of a complete site plan (as described in Section 4.1.d), signed by the Newburgh Planning Board,
and may include any conditions attached by the Board. An approved Land Use Plan shall not
exempt an applicant from meeting any other local, state or federal requirements (3-14-92)
(5/20/92).
b. Application Form and Fee
All applications submitted for review, shall be filed in duplicate, and a non-refundable fee of
$50.00 shall be paid to the Town of Newburgh when the application is filed. Appropriate
application forms shall be made available through the Town Clerk. Additional expenses, which
may include but may not be limited to, publishing and notice fees, special Town meetings,
consultants fees and special Planning Board meetings, incurred by the Town, necessary to review
the application, shall be paid by the applicant (3-14-92) (5/20/92) (3/7/98).
c. Procedure
1. Approval of a Land Use Plan by the Board shall be required, unless specifically
exempted by this Ordinance, for any new proposals to use land or buildings for commercial,
industrial, office, or municipal, institutional, fraternal, recreational purposes,
or for multi-family or
mobile home park residential uses. Planning Board review shall also occur in the following
situations:
a) Resumption of any non-conforming use after two years discontinuance.
b) Expansion of new and legally existing land uses, when the expansion involves:
1) Floor space increase of 25% or more within a 10-year period or
2) New materials or processes not previously associated with the existing use.
c) Establishment of a home occupation.
In cases where expansion will not significantly change the nature or intensity of the use, or the
exterior dimensions of any existing building, the Planning Board may pass upon the review
procedure and waive the Land Use Plan requirements any application fee, in order that the
project may be expedited. Waivers shall be issued in writing and shall state the reasons. No
changes shall be made in any approved Land Use Plan without approval of that change by the
Planning Board (5/20/92).
2. When the effects of proposed new uses of, expansion of, or resumption of former uses are
uncertain, the Planning Board, after notifying the applicant, shall employ such independent, recognized
consultant as necessary, at the expense of the applicant, to ensure compliance with all requirements of
this ordinance specifically related to the public health, safety and welfare and the abatement of
nuisances. The established costs of such studies shall be deposited with the Town Clerk prior to their
undertaking.
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3. All complete Land Use Plans shall be reviewed by the Planning Board, and shall be approved, or
approved with conditions, when it is determined that all requirements of the ordinance are met,
before any building permit may be issued for any new buildings or construction, or for the expansion
of any legally existing land use.
4. Within forty-five (45) days of receiving it a complete application, including the data requirements
specified in Section 4.1.d, the Planning Board shall approve, approve with modifications or
conditions, deny approval to, or schedule a Public Hearing on a Land Use Plan submitted in
accordance with this ordinance. Failure of the Planning Board to act within the specified forty-five
days shall constitute neither approval nor denial of the Land Use Plan. When it is desirable that a
Public Hearing be held the review period shall be extended an additional thirty (30) days after the
date of such Public Hearing (3-14-92) (5/20/92).
5. An applicant may at any time request amendments to this approved Land Use Plan and its
conditions, if any, if he feels that new facts or circumstances would justify such amendments, to be
reviewed by the Planning Board. Approval must be obtained before a Land Use Permit may be
issued (5/20/92).
d.
Data Requirements: Any Land Use Plan presented for approval shall be drawn at a scale of not smaller
than (1) inch equals fifty (50) feet and shall show the following information, unless waived by the
Planning Board as stated in 4.1 (c) (5/20/92).
1. The name and address of the applicant (or authorized agent) plus the name of the proposed
development, and a copy of the deed of record of ownership;
2. Description of proposed development's activities.
3. Total floor area, ground coverage, and location of each proposed building, structure, or edition.
4. Perimeter survey of the parcel made end certified by a registered Land surveyor licensed in Maine,
relation to reference points, showing true north point, graphic scale, corners of parcel and date of
survey and total acreage.
5. All existing a proposed setback dimensions.
6. The size, location, and direction and intensity of illumination of all major outdoor lighting apparatus
and signs.
7. The type, size and location of all machinery likely to generate an appreciable noise at the lot lines.
8. The location, type, and size of all existing and proposed catchbasins, storm drainage facilities,
streams and water courses, and all utilities, both above and below ground.
9. An on-site soils investigation report by a Maine Department of Human Services licensed Site
Evaluator (unless the site is to be served by public sewer). The report shall identify the types of soil,
location of test pits, and proposed location and design for the subsurface disposal system.
10. The amount and type of any raw, finished or waste materials to be stored outside of the roofed
buildings, including their physical and chemical properties, if appropriate.
11. All existing contours and proposed finished grade elevations of the entire site, and the system of
drainage proposed to be constructed. Contour intervals shall be specified by the Planning Board.
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12. The location, type, and size of all curbs, sidewalks, driveways, fences, retaining walls, parking space
areas, and the dimensions.
13. All landscaped areas, fencing, and size and type of plant material upon the premises in question.
14. All existing or proposed rights-of-way, easements, and other legal restrictions which may affect the
premise is in question.
15. The location, names and widths of all existing and proposed streets abutting the premises in
question.
16. The property lines of all abutting, facing, and neighboring properties within 1,000 feet of the
proposed development and together with the names and addresses of the owners as disclosed on the
tax maps on file in the Town Offices as of the date of the development plan review application.
17. Any other information or data necessary for proper review and in conformance with all requirements
set forth in the Newburgh Subdivision Review Standards.
18. An appropriate place for the signatures of the Planning Board.
19. A Land Use Plan may be required to have an accompanying traffic engineering study, should the
project be considered one of substantial magnitude. Should a traffic study be requested by the
Planning Board, the following data shall be included (5/20/92):
a) The estimated peak-hour hour traffic to be generated by the proposal.
b) Existing traffic counts and volumes on surrounding roads.
c) The capacity of surrounding roads and any improvements which may be necessary on such roads
to accommodate anticipated traffic generation.
d) The need for traffic signals and signs or other directional markers to regulate anticipated traffic.
e. Public Hearings
1. The decision to hold a Public Hearing is discretionary, and in making it's decision The Board may
consider the size and location of the proposed Land Use Plan, its community impact, and whether
any requests for such a hearing have been received (5/20/92).
2. In scheduling Public Hearings for land use proposal, the Selectmen shall publish a notice of the
hearing at least seven (7) days in advance in the newspaper of general circulation in the area
(5/20/92).
3. The Planning Board shall notify the Town Clerk who will notify, by certified mail, the applicant and
the owner of all abutting and facing property within 1, 000 ft. of the property involved, at least seven
(7) days in advance of the hearing, of the nature of the application and of the time and place of a
public hearing.
4. The owners of the property shall be considered to be those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall not necessitate another hearing or
invalidate any action by the Planning Board.
5. At any hearing, an applicant shall be present for questions, or may choose to be represented by
his/her agent or attorney. Hearings shall not be continued to other times except for good cause.
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6. The applicant's case shall he heard first. To maintain orderly procedure, each side shall proceed
without interruption. Questions shall be asked through the Chair. All persons at the hearing shall
abide by the order of the Chairman.
7. Within thirty (30) days of the public hearing, the Planning Board shall reach a decision on the
proposed Land Use Plan, and shall inform, in writing, the applicant, the Code Enforcement Officer,
the Board of Appeals, and the Selectmen of its decision and its reasons therefore (5/20/92).
8. Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as
instructed, shall immediately issue with conditions prescribed by the Planning Board, or deny a Land
Use Permit. In his absence, the permit shall be issued by the Selectmen.
9. Land Use Plan approval secured under the provisions of this Ordinance shall expire if the work or
change involved is not commenced within one year of the date on which the Land Use Plan is
authorized (5/20/92).
4.2 Permits
a. Permits Required
1. A Land Use Permit and fee of $5.00 plus a fee at the rate of $1.00 per $1,000.00 of estimated cost of
the project at fair market value shall be required for new or expanded development specified in
Section 3.1 b of this Ordinance. Such fee shall be payable to the Town of Newburgh and the permit
shall be obtained from the Code Enforcement Officer (3-14-92).
2. A Land Use Permit under the provisions of this Ordinance shall expire if the work or change is not
started within one year of the date on which the permit was granted.
b. Floodplain: Special Permits
1. A Special Permit, issued by the Planning Board, shall be required in addition to all other required
permits, for the following developments within a Flood Plain area:
a) Movement or placement of new or existing buildings or structures into the Flood Plain Area.
b) External repairs, additions or alterations, construction, reconstruction or enlargement of any
structure within the Flood Plain Areas
c) All earthmoving activities resulting in the removal of more than 10 cubic yards of material from
any lot in any one year in the Flood Plain Area.
d) Storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive,
or potentially injurious to human, animal or plant life.
e) Alterations or installation of subsurface wastewater systems.
.
4.3 Variances
A. Variance
1. A variance shall be authorized only four dimensional requirements and shall not be granted to
permit a use or an expansion otherwise prohibited.
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2. The Newburgh Board of Appeals May, upon written application of the affected land owner, grant
of variance from the dimensional requirements if:
a. The land in question cannot yield a reasonable return unless a variance is granted;
b. The need for a variance is due to the unique circumstances of the property and not to the
general conditions in the neighborhood;
c. The granting of a variance will not alter the essential character of the locality;
d. The hardship is not the result of action taken by the applicant or a prior owner; and if
e. The Board of Appeals, based on clear and convincing evidence presented to it, finds that the
proposed use would not cause unsafe, or unhealthful or nuisance conditions.
B. Disability Variances: The Board may grant a variance to a property owner for the purpose of making
that property accessible to a person with a disability who is living on the property. The Board shall
restrict any variance granted under this subsection solely to the installation of equipment or the
construction of structures necessary for access to or egress from the property by the person with a
disability. The Board may impose conditions on the variance, including limiting the variance to the
duration of the disability or to the time that the person with a disability lives on the property. For the
purposes of this subsection, a disability has the same meaning as a physical or mental handicap under
Title 5, Section 4553 (5/20/92).
4.4 Appeals
1. Board of Appeals: The Newburgh Board of Appeals, created to hear appeals as herein provided,
shall operate under the provisions of State Law (Title 30-A, M.R.S.A., Section 2691). It consists of
five (5) members serving staggered terms of three years each. The powers and duties of this Board
are described in Sections 4.3 and 4.4 below (3/9/91).
2. Appeals to the Board of Appeals
a. Any party may take an appeal before the Board of Appeals within 30 days after a decision has
been rendered.
b. The Board of Appeals May, upon written application of an aggrieved party and after public
notice, hear appeals from determinations of the Code Enforcement Officer in the administration
of this Ordinance.
Expenses, which may include, but not be limited to, publishing and noticed fees, special
town meetings, consultants fees, and special Board of Appeals meetings, incurred by the
Town, necessary to review the appeal, shall be paid by the aggrieved party (3-14-92).
c. Such hearings shall be held as provided for under State Law (Title 30-A, M.R.S.A., Section
2691).
d. Following such hearing, the Board of Appeals may reverse the decision of the Code Enforcement
Officer only upon a finding that the decision is clearly contrary to specific provisions of this
Ordinance.
e. It may also hear appeals on decisions involving the "good neighbor" performance standards.
3. Appeals to the "Good Neighbor" Performance Standards: Any aggrieved party may appeal the
decision of the Planning Board within 30 days of The Board's decision as follows (5/20/92):
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1. Appeals involving administrative procedures or interpretation of this Ordinance may be heard
and decided by the Board of Appeals, as follows:
a. When errors of administrative procedure are found, the case shall be referred back to the
Planning Board for rectification.
b. When the true intent and meaning of this Ordinance has been misconstrued or wrongfully
interpreted, the Newburgh Board of Appeals may modify or reverse the order of action but
may not alter the conditions attached by the Planning Board all changes in conditions, shall
be made by the Planning Board in accordance with the Newburgh Board of Appeals'
interpretation.
c. Appeals involving administrative procedure or interpretation shall lie from the decision of the
Planning Board to the Newburgh Board of Appeals and from the Newburgh Board of
Appeals to the Superior Court according to State Law.
d. Appeals involving conditions imposed by the Planning Board, or a decision to deny approval,
shall be from the Planning Board to the Superior Court, according to State Law, when such
appeals do not involve administrative procedures or interpretation.
e. All cost of litigation shall be paid by the violator upon finding of guilt.
4. Appeals to Superior Court
a. An appeal may be taken within 30 days after any decision is rendered by the Board of
Appeals, by any party, to Superior Court in accordance with the provisions of State Law
(Title 30-A,M.R.S.A., Section 2691). Certain appeals relating to the Planning Board's
administration of the "Good Neighbor" performance standards shall be appealed directly to
the Superior Court, as provided for in Section 4.4 (3) (d) of this Ordinance (5/20/92).
4.5 Enforcement
a. Code Enforcement Officer
1. A Code Enforcement Officer shall be appointed by the Selectmen.
2. The selectmen may remove a Code Enforcement Officer for cause, after noticing hearing.
3. The term of office shall be one year.
b. Duties of Code Enforcement Officer
1. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this
Ordinance. In the absence of the Code Enforcement Officer, enforcement shall be the
duty of the Selectmen.
2. If the Code Enforcement Officer shall find that any provision of this Ordinance is being
violated, he shall notify in writing, the person responsible for such violation, indicating
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the nature of the violation and ordering the action necessary to correct it, including
discontinue of illegal use of land; building, structures and work being done, removal of
illegal building or structures, and abatement of nuisance conditions. The violation shall
be corrected within thirty (30) days.
3. A copy of such notices shall be maintained as a permanent record.
c. Legal Actions and Violations
1. When the above action does not result in a correction of the violation or nuisance
condition within the specified time period, the Selectmen, upon notice from the Code
Enforcement Officer, are hereby authorized and directed to institute any and all actions
and proceedings, either legal or equitable, including seeking injunctions to halt further
development or the continuance of unapproved uses, and the imposition of fines that may
be appropriate or necessary to enforce the provisions of this Ordinance in and for the
Town of Newburgh.
d. Fines
1. Any person who continues to violate any provision of this Ordinance after receiving
written notice of such violation shall be guilty of a civil violation, and subject to a fine of
a minimum of $100.00 and a maximum of $2,500.00 for each violation (Art. 30-A
M.R.S.A. Sec. 4452).
2. Each day such a violation is continued shall constitute a separate offense.
3. The burden of proof that violations have been remedied as required shall be the
responsibility of the violator.
ARTICLE V – DEFINITIONS
Terms not defined below have the customary dictionary meaning. In addition to those defined below, the word
"person" includes a firm, organization or partnership, as well as an individual; the present tense includes the
future tense, the singular number includes the plural, and the plural includes the singular; the word "shall" is
mandatory, and the word "may" is permissive; the words "used" or "occupied" include the words "intended",
"designed", or "arranged to be used or occupied"; the word "building" includes the word "structure", and the
word "dwelling" includes the word "residence"; the word "lot" includes the words "plot" or "parcel".
Accessory Use or Structure: Customarily incidental and subordinate to the principal use or structured.
Business: "Any full-time or part-time enterprise or commercial operation operated for profit, including
commercial agriculture."
Dwelling Unit: A structure comprising a room or group of rooms designed and equipped exclusively for use as
a single housekeeping unit, including provision for living, sleeping, cooking, and eating. This term will include
mobile homes but not include travel trailers used as temporary residence incidental to travel, recreation and/or
vacation. A mobile home shall contain not less than 320 sq. ft. of gross floor area.
Extraction: The removal of earth material (soil, loam, sand, gravel, rock, mineral deposits, etc.) from a site, for
sale or other commercial purposes.
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Flea market: the indoor or outdoor sale of used merchandise, customarily involving tables or space leased or
rented to individual vendors. A flea market is a principal commercial use, and is differentiated from "yard
sales" and "use to merchandise sales". Markets shall be allowed only in the Residential and
Agricultural/Business District.
Flood Plain: That area designated and approved by the Department of Housing and Urban Development,
Federal Insurance Administration, as being the 100-Year Flood Plain, on their most current maps.
Grade Elevation: The height of the ground, especially in relation to nearby buildings.
Home Occupation: An occupation or profession which is: customarily carried on within a dwelling unit or
structure family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for
residential purposes, and which does not involve any exterior alterations which change the residential character
of the dwelling. Business as which employ more than two unrelated persons, or where finished goods are
purchased and then displayed for resale, shall be considered to be commercial uses and not a home occupations.
Kennels: the term kennel shall apply to three or more dogs owned singly or jointly and living on a single
premises (e.g. per dwelling unit), for any purpose, including but not limited to breeding, hunting, show, training,
hobby, trials, or exhibition purposes. This definition shall not apply to dogs under the age of six months.
Boarding Kennels: A boarding kennel means any place, building, tract of land, abode, or vehicle wherein or
whereon three or more dogs are kept for their owners in return for a fee. This definition shall also include the
temporary keeping of three or more animals for grooming purposes in return for a fee, and for animal shelters
for lost or stray dogs.
Lot: A parcel of land under separate ownership from adjacent property, as described on a deed, plat, or any
similar legal document.
Mobile Home Park: A parcel of land laid out to accommodate at least three mobile homes. Mobile home
parks shall be considered to be subdivisions and may be laid out according to the principles of Flexible
Residential Development.
Neighborhood Grocery/Convenience Store: A store having less than 1,500 sq. ft. of gross floor area,
offering a limited variety of foods, beverages, and dry goods to the general public.
Net Buildable Area: The total acreage available for development, as shown on the proposed development
plan, minus the area for the roads of access and the areas which are unsuitable for development. This includes
areas of 2 or more contiguous acres with sustained slopes of 20% or greater and wetlands (5/20/92).
Non-Conforming Use: A building, structure or use of premises that does not conform to the provisions of this
ordinance, and which is permitted because it was in lawful existence within two years of the time this ordinance
took effect. Only the principal use of the premises concerned may be continued if it is non-conforming; a
subsidiary, secondary, subordinate, or part-time use of premises may not be deemed non-conforming.
Pending Application: Any complete application which has been filed in compliance with all the requirements
of this Ordinance, and which was on file at the date of adoption of this Ordinance.
Perimeter: The length of a line running along the outer boundary of a parcel of land or a structure.
Recreational Vehicle: A vehicle or vehicular attachment designed for temporary sleeping or living quarters for
one or more persons, which is not a dwelling and which may include a pick-up camper, travel trailer, tent trailer
and motor home.
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Setback: The minimum horizontal distance from a lot line to the nearest part of a structure.
Site: Any lot of record existing at the date of ordinance adoption or amendment.
Structure: Anything constructed, built, or erected, including its foundation, the use of which requires more or
less permanent location on or in the ground or attached to something having permanent location on or in the
ground. This term shall not include sidewalks, walkways, driveways, outdoor parking lots and their attendant
paving, or fences.
Veterinary Animal Hospital or Clinic: A place used for the care, diagnosis, and treatment of sick, ailing,
infirm, or injured animals, and those who are in need of medical or surgical attention, and may include
overnight accommodations on the premises for the treatment, observation, and/or recuperation. It may also
include boarding that is incidental to the principal activity of use.
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