Article 6: Performance Standards
Working Draft 9-25-08
I) Access Management
II) Agriculture
1) All spreading or disposal of manure shall be accomplished in conformance with the "Maine
Guidelines for Manure and Manure Sludge Disposal on Land" published by the University of
Maine and the Maine Soil and Water Conservation Commission, in July 1972 or subsequent
revisions thereof.
2) There shall be no tilling of soil within 50 feet of the normal high water mark of any lake or pond
whose shorelands are covered by this Ordinance.
3) Where soil is tilled in a Resource Protection District, or where soil in excess of 20,000 sq. ft. lying
either wholly or partially within the area covered by this Ordinance is tilled in a General
Development District or a Limited Residential-Recreational District, such tillage shall be carried
out in conformance with the provisions of a Conservation Plan which meets the standards of the
State Soil and Water Conservation Commission, and as approved by the appropriate Soil and
Water Conservation District. The Number of the plan shall be filed with the Planning Board.
Nonconformance with the provisions of such Conservation Plan shall be considered to be a
violation of this Ordinance.
III) Air Strip
IV) Beach Construction
1) Beach construction on any great pond or coastal wetland shall require a permit from the
Department of Environmental Protection. Beach construction on any river, stream, or brook
capable of floating watercraft shall require approval from the Commissioner of the Department of
Inland Fish & Game, as required by law.
V) Clearing
1) Clearing of trees and conversion to other vegetation is permitted for approved construction and
landscaping. Where such clearing extends to the shoreline, a cleared opening or openings not
greater than 30 feet in width for every 100 feet of shoreline (measured along the normal high
water mark) may be created in the strip extending 50 feet inland from the normal high water mark
and paralleling the shoreline. Where natural vegetation is removed, it shall be replaced with other
vegetation that is equally effective in retarding erosion and preserving natural beauty.
VI) Driveway Standard
VII)
Erosion and Sedimentation Control
1) Filling, grading, lagooning, dredging, earth-moving activities, and other land use activities shall be
conducted in such manner to prevent, to the maximum extent possible, erosion and sedimentation
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of surface waters. To this end, all construction shall be accomplished in conformance with the
erosion prevention provisions of "Environmental Quality Handbook Erosion and Sediment
Control," published by the Maine Soil and Water Conservation Commission.
2) Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active
program meeting the requirements of the Maine Erosion and Sediment Control Handbook for
Construction: Best Management Practices, dated March 2003 and as amended.
VIII) Fences
IX) Greenhouses
X) Home Occupation
1) A home occupation must be carried on wholly within a dwelling unit or a structure customarily
accessory to a dwelling unit.
2) A home occupation must be conducted by a member or members of the family residing in the
dwelling unit.
3) A home occupation shall not have any employees.
4) A home occupation must not materially injure the usefulness of the dwelling unit or accessory
structure for normal residential purposes.
5) A home occupation may have a name sign as allowed in Section 1-111.K in the Land Use
Regulation & Shoreland Zoning Ordinance of the Town of Bowdoinham.
6) There shall be no visible exterior storage of materials or variation from the residential
character of the principal building and no other exterior indication of the business.
7) Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors,
heat, glare or any activity at unreasonable hours shall not be permitted of a home occupation.
8) A home occupation shall not generate an increase in traffic from customers or clients.
XI) Mineral Exploration
1) Mineral exploration to determine the nature or extent of mineral resources shall be accomplished
by hand sampling, test boring, or other methods which create minimal disturbance. A permit from
the Planning Board shall be required for mineral exploration which exceeds the above limitations.
XII) Mobile Home Park
1) A fifty (50) foot wide buffer strip shall be provided along any mobile home park boundary that
abuts land used for residential use if the per-acre density of homes within the mobile home
park is at least two times greater than:
A) The density of residential development on immediately adjacent parcels of land, or
B) If the immediately adjacent parcels of land are undeveloped, the maximum net residential
density permitted by applicable municipal ordinances or State law.
XIII) Outside Wood Boilers
XIV) Road Standards
1) Roads shall be located, constructed, and maintained in such a manner that minimal erosion hazard
results. Adequate provision shall be made to prevent soil erosion and sedimentation of surface
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waters. All roads shall be located, constructed and maintained in conformance with the erosion
prevention provisions of "Permanent Logging Roads for Better Woodlot Management" published
by the Division of State and Private Forestry, Forest Service Northeastern Area, U. S. Department
of Agriculture in 1973 or subsequent revisions thereof.
2) Additionally, all roads constructed shall conform with the following standards:
A) Road crossings of watercourses shall be kept to the minimum number necessary;
B) Bottoms of culverts shall be installed at streambed elevation;
C) All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise
stabilized as soon as possible; and
D) Bridges or culverts of adequate size and design shall be provided for all road crossings of
watercourses which are to be used when surface waters are unfrozen. The requirement for a
bridge or culvert may be waived by obtaining a permit from the Planning Board.
3) Need to add Design standards (subdivision standards?)
XV)
Sanitary Standards
1) Subsurface Sewage Disposal
A) Soil Conditions
(i) All subsurface sewage disposal systems shall be located in areas of suitable soils meeting
the minimum requirements of the State of Maine Subsurface Wastewater Disposal Rules.
In addition, disposal area rating for large and extra large systems (as defined in Table 6-1,
Subsurface Wastewater Disposal Rules), shall have a second area equivalent to that
specified by the soil test to provide for future replacement or expansion of the subsurface
sewage disposal system.
(ii) A new subsurface sewage disposal system which requires a new system variance from the
Department of Human Services Division of Health Engineering shall have a minimum lot
size of five acres and two sewage disposal areas. A deed covenant shall be required
stipulating that the subject property shall not be divided. This deed covenant with the
copy of the second proposed septic system application shall be filed with the Registry of
Deeds. The property owner shall notify all abutters by certified mail of intent to install
this sewage disposal system at some future date and the planned location of such system.
(iii) All subsurface wastewater disposal system applications must have the Town of
Bowdoinham's map number and lot number indicated.
(iv) The determination of suitability shall be based on a soils report prepared by a State
Licensed Site Evaluator based on an on-site investigation and soil observation hole to a
depth of four feet or refusal. Suitability consideration shall be based primarily on criteria
employed in the State of Maine Subsurface Wastewater Disposal Rules as modified by
on-site factor such as depth to water table and restrictive layer. (Impervious layerbedrock).
(v) Any new well shall be placed no closer than 100 feet from an existing septic system and
shall be shown on the sewage disposal application.
(vi) This section does not apply to an existing developed lot.
B) Setbacks
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(i) The minimum setback for underground sewage disposal facilities from the normal high
water mark of a waterbody shall be no less than 100 horizontal feet. Where daily sewage
flow exceeds 2,000 gallons, the minimum setback shall be 300 feet from any shoreline.
All setback requirements of the State Plumbing Code shall be met in full. Setbacks from
shorelines for all subsurface sewage disposal facilities shall not be reduced by variance.
C) Privies
(i) Privies may be permitted in areas not served by community sewer facilities under the
following conditions:
(a) No plumbing of any kind shall be connected to or discharged into the privy pit.
(b) The privy shall be located at a minimum horizontal distance of 100 feet from the
normal high water mark of a waterbody.
(c) The bottom of the privy pit shall be at least two feet above bedrock and the ground
water table at its highest point during the year or have a water-tight vault.
(d) Privies shall not be permitted on recent flood plain soils.
D) Other Systems
(i) Other systems of sanitary waste disposal may be permitted after approval by the Maine
Department of Health & Welfare, and after a permit has been issued by the Plumbing
Inspector.
XVI) Signs
1) The following provisions shall govern the use of signs in all districts, except as may be permitted
with Site Plan Review approval:
A) Signs and billboards relating to goods and services sold on the premises shall be permitted,
provided such signs shall not exceed six (6) square feet in area, and shall not exceed two (2)
signs per premises. Billboards and signs relating to goods and services not rendered on the
premises shall be prohibited.
B) Name signs shall be permitted, provided such signs shall not exceed two (2) signs per
premises.
C) Residential users may display a single sign not over three (3) square feet in area relating to the
sale, rental, or lease of the premises.
D) Signs relating to trespassing and hunting shall be permitted without restriction as to number
provided that no such sign shall exceed two (2) square feet in area.
E) No sign shall extend higher than twenty (20) feet above the ground.
F) Signs may be illuminated only by shielded, non-flashing lights.
XVII) Soils
1) All land uses shall be located on soils in or upon which the proposed uses or structures can be
established or maintained without causing adverse environmental impacts, including severe
erosion, mass soil movement, and water pollution, whether during or after construction. Proposed
uses requiring subsurface waste disposal, and commercial or industrial development and other
similar intensive land uses, shall require a soils report, prepared by a State-certified soil scientist
or geologist based on an on-site investigation. Suitability considerations shall be based primarily
on criteria employed in the National Cooperative Soil Survey as modified by on-site factors such
as depth to water table and depth to refusal.
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XVIII) Stream Crossings
1) Standards for all streams, except as specified in Section B below A) Crossing Structure. Bridges and pre-formed spans are preferred, but culverts and openbottom arches are acceptable alternatives if they meet one the following specifications:
(i) A culvert embedded in the stream substrate such that:
(a) Concrete box culverts are embedded >2 feet into the substrate.
(b) Corrugated pipe arches are embedded >1 foot into the substrate
(c) Corrugated round pipe culverts are embedded > 1 foot and at least 25% of diameter
into substrate
(d) Smooth bore slipliners and smooth bore plastic culverts shall not be used in fish
bearing streams
(ii) Channel Span. To avoid channel constriction and changes to flow characteristics, any
stream crossing structure should provide a minimum opening width maintained along
its length of 1.2 times the bankfull width of the natural channel as measured based on
the average of at least three typical channel widths at the proposed crossing location
and immediately upstream and downstream of the proposed crossing. The channel
should be measured from highest edge of bank scour to highest edge of bank scour
(bankfull width).
(iii) In-structure Substrate. The substrate within the structure should match the
characteristics of the substrate in the natural stream channel (mobility, slope, stability,
confinement) while maintaining water column depths similar to natural stream
conditions to allow species passage.
(iv) Structure Openness Ratio. The structure must maintain an openness ratio >0.25 meters.
The openness ration is the cross-sectional area of a structure opening (in square meters)
divided by its crossing length when measured in meters. For a box culvert, openness=
(height x width)/length. Embedded portions of the structure are not included in the
calculation of cross-sectional area for determining openness ration (refer to New
England District, USACE Openness Ratio Spreadsheet attached).
B) Standards for larger brooks of local or regional significance. Brooks of local significance
shall be determined by the Planning Board with guidance from the Maine Department of
Inland Fisheries and Wildlife. Significant streams shall include those streams designated
by the Town that support high value native brook trout habitat, Atlantic salmon habitat,
habitat for rare, threatened, and endangered aquatic species, and provide significant
landscape-level riparian connections.
(i) Crossing Structure. Bridges and open bottom structures are required that span the
channel as well as both banks allowing dry passage for wildlife that move along the
watercourse.
(ii) Channel Span. The structure span should be at least 1.2 times the bankfull width and
provide banks on one or both sides with sufficient headroom to provide dry passage for
semi-aquatic and terrestrial wildlife. The structure shall be designed to take into
consideration stream associated floodplains and be constructed to allow dry passage of
wildlife at least 90% of the year.
(iii) In-structure Substrate. The substrate within the structure should match the
characteristics of the substrate in the natural stream channel (mobility, slope, stability,
confinement) while maintaining water column depths similar to natural stream
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conditions to allow species passage. The substrate shall resist significant displacement
during flood events.
(iv) Structure Openness Ratio. The structure must maintain a headroom height of 4 feet
above the grade of dry bank passage and an openness ratio >0.5 meters.
XIX)
Temporary Buildings
XX)
Timber Harvesting
1) No substantial accumulation of slash shall be left within fifty (50) feet of the normal high water
mark of any pond, river, or salt water body as defined. At distances greater than fifty (50) feet
from the normal high water mark of such waters and extending to the limits of the area covered by
this Ordinance, all slash shall be disposed of in such a manner that it lies on the ground and no
part thereof extends more than four feet above the ground.
2) Skid trails, log yards, and other sites where the operation of logging machinery results in the
exposure of substantial areas of mineral soil shall be located such that an unscarified filter strip is
retained between the exposed mineral soil and the normal high water mark of any pond, river, or
salt water body as defined.
3) Harvesting operations shall be conducted in such a manner and at such a time that minimal soil
disturbance results. Adequate provision shall be made to prevent soil erosion and sedimentation
of surface waters.
4) Harvesting operations shall be conducted in such a manner that a well distributed stand of trees is
retained.
5) Harvesting activities shall not create single openings greater than seven thousand five hundred
(7,500) square feet in the forest canopy.
6) In any stand, harvesting shall remove not more than forty (40) percent of the volume of trees in
any ten (10) year period. For the purpose of these standards, a stand means a contiguous group of
trees, sufficiently uniform in species, arrangement of age classes, and conditions, to be identifiable
as a homogeneous and distinguishable unit.
7) Timber harvesting operations not in conformance with 2, 4, 5, and 6 above may be allowed by the
Planning Board upon approval of a permit granted in accordance with the provisions of Section 1112-B subsection 6, paragraphs a-i upon a clear showing by the applicant that such an exception is
necessary for proper timber management.
8) Shall comply with all applicable State Laws, Rules, and Standards.
9) Prior to commencing a timber harvesting project a bond must be posted to cover any possible
damage to the roadway. The amount of the bond shall be determined by the Public Works
Director.
XXI) Vernal Pools
Activities within 250 feet of significant vernal pools should:
(1)
(2)
(3)
(4)
(5)
not result in disturbance within the vernal pool depression;
maintain a minimum setback of 100 feet and maintain a minimum of 75% of the
critical terrestrial habitat as unfragmented forest with at least a partly closed canopy of
overstory trees to provide shade, deep litter and woody debris;
maintain or restore forest corridors connecting wetlands and significant vernal pools;
minimize forest floor disturbance; and
maintain native understory vegetation and downed woody debris.
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XXII) Water Quality Protection
1) No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or
inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness,
toxicity, or temperature that run off, seep, percolate, or wash into surface or ground waters so as to
contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore
deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be
harmful to human, animal, plant or aquatic life.
XXIII) Wind Mills
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