Town of Monmouth
Comprehensive Development Ordinance
2009
(Adopted June 9, 2009, Amended June 12, 2012)
(Amended June 12, 2015)
(Amended July 14, 2020)
(Amended June 8, 2021)
(Amended June 13, 2023)
Page A
Comprehensive Development Ordinance
INDEX
1 Legal Basis for this Ordinance --------------------------------------------------------- 6
1.1 Legal Authority 6
1.2 Purpose 6
1.3 Superseding of Prior Ordinances 6
1.4 Legal Provisions 7
1.4.1 Conflict with Other Ordinances 7
1.4.2 Validity and Severability 7
1.4.3 Effective Date 7
1.5 Amendments 7
1.5.1 How to amend this ordinance 7
1.5.2 Public hearing required. 7
1.5.3 How to Place an amendment on the warrant ------------------------------------------- 7
1.5.4 Amendment may not be further amended ---------------------------------------------- 7
2 Administration and Operation of this Ordinance --------------------------------- 7
2.1 Applicability 7
2.1.1 What This Ordinance shall apply to ----------------------------------------------------- 7
2.1.2 What this ordinance does not regulate -------------------------------------------------- 7
2.2 Guide to Operation 8
2.2.1 New individual lots and standards for the location of buildings -------------------- 8
2.2.2 The process for issuance of building permits ------------------------------------------ 8
2.2.3 Process for residential and commercial development. -------------------------------- 8
2.2.4 Location of Definitions of terms used in this Ordinance ----------------------------- 8
2.2.5 Town of Monmouth Shoreland Zoning Ordinance ------------------------------------ 8
2.3 Companion Ordinances 8
2.4 Development Fees 9
2.4.1 Determination of fees. 9
2.4.2 Fee schedule may be amended. 9
2.4.3 Initial fee schedule. 9
2.4.4 Purpose of fees. 9
2.4.5 Fee schedule may include impact fees -------------------------------------------------- 9
2.5 Violations and Enforcement 9
2.5.1 Enforcement. 9
2.5.2 Code Enforcement Officer Authority --------------------------------------------------- 9
2.5.3 Code Enforcement Officer shall notify in writing ------------------------------------ 9
2.5.4 When action does not result in the correction or abatement ------------------------- 9
2.5.5 Consent Agreements 10
2.5.6 Fines 10
2.5.7 Failure to obtain building permit. 10
2.6 Code Enforcement Officer Powers and Duties --------------------------------------- 10
2.6.1 Code Enforcement Officer Appointment ---------------------------------------------- 10
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2.6.2 Code Enforcement Officer Powers and Duties --------------------------------------- 10
2.7 Planning Board Powers and Duties ----------------------------------------------------- 11
2.7.1 Planning Board authorized to review--------------------------------------------------- 11
2.7.2 Planning Board recommendations on this ordinance -------------------------------- 11
2.7.3 Planning Board authorized to adopt rules and procedures -------------------------- 11
2.8 Board of Appeals Powers and Duties -------------------------------------------------- 11
2.8.1 Types of appeals. 11
2.8.2 Administrative Appeals 11
2.8.3 Variance Appeals 11
2.8.4 Appeals Procedure 12
2.8.5 Appeals from decisions of the Planning Board --------------------------------------- 13
3: Non-Conforming ------------------------------------------------------------------------- 13
3.1 Non-conformance 13
3.2 General Requirements 13
3.2.1 Transfer of Ownership 13
3.2.2 Nonconforming Buildings and structures ---------------------------------------------- 13
3.2.3 Nonconforming Lots 14
3.3 Non-conforming Manufactured Housing ----------------------------------------------- 15
3.3.1 Older manufactured homes may be moved --------------------------------------------- 15
3.3.2 Older manufactured home may be used as temporary housing ---------------------- 15
4 General Site Requirements for Construction --------------------------------------- 16
4.1 Dimensional Requirements 16
4.1.1 Minimum Lot Area 16
4.1.2 Required Street Frontage 16
4.1.3 Required Building Setbacks 17
4.1.4 Lot Coverage 18
4.1.5 Building Height 18
4.1.6 Flag Lots 18
4.1.7 Unbuilt Lots of Record 18
5 Building Permit Requirements --------------------------------------------------------- 19
5.1 Permits Required 19
5.1.1 Building Permits 19
5.1.2 Earth Moving 19
5.1.3 Driveway and Road Opening Permits --------------------------------------------------- 20
5.2 Permit Application and Review 20
5.2.1 Where the code enforcement officer cannot determine setback --------------------- 20
5.2.2 Application 20
5.2.3 CEO Review Procedures 20
5.2.4 Review Criteria 20
5.2.5 Permit Status 21
5.2.6 Inspections 21
5.3 Occupancy Permit 22
5.4 Design and Safety Standards for Older Manufactured Housing --------------------- 22
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5.4.1 Conformance with residential buildings ------------------------------------------------ 22
5.4.2 Requirements for foundation or pad and skirting -------------------------------------- 22
5.4.3 Means of Egress 22
5.4.4 Fire Detection Equipment 22
5.4.5 Requirements do not apply 23
6 Development Review --------------------------------------------------------------------- 23
6.1 Approval Required Prior to Development ---------------------------------------------- 23
6.1.1 Subdivisions 23
6.1.2 Non-residential and Multi-family Development --------------------------------------- 24
6.1.3 Procedures for reviewing, recording and hearing development applications ------ 25
6.2 Procedure for Review and Approval ---------------------------------------------------- 25
6.2.1 Voluntary Pre-Application Meeting 25
6.2.2 Application and Review Procedure ------------------------------------------------------ 26
6.2.3 Appeals 28
6.2.4 Revisions and Amendments to Approved Plans --------------------------------------- 28
6.3 Review Criteria 29
6.3.1 Plan classified as a subdivision 29
6.3.2 Plan classified as a non-residential development -------------------------------------- 31
6.4 Submission Requirements 31
6.4.1 Required of all Applications 32
6.4.2 Additional Required Submissions 35
6.4.3 Submission Items Related to Particular Circumstances ------------------------------ 37
6.4.4 Waiver of Submission Requirements---------------------------------------------------- 38
6.5 Performance Guarantees 39
6.5.1 Types of Guarantees 39
6.5.2 Contents of Guarantee 40
6.5.3 Release of Guarantee 40
6.5.4 Default 40
6.6 Completion of Required Improvements------------------------------------------------- 40
6.6.1 At least five (5) days 40
6.6.2 Inspecting official 41
6.6.3 Improvements not in accordance with plan -------------------------------------------- 41
6.6.4 Unforeseen circumstances 41
6.6.5 At the close of each summer construction season ------------------------------------- 41
6.6.6 Prior to the sale of any land 41
6.6.7 Acceptance by the Town 42
6.6.8 Developer required to maintain improvements and snow removal ----------------- 42
6.7 General Development Standards --------------------------------------------------------- 42
6.7.1 Lot Design 42
6.7.2 Erosion and Sedimentation Control ----------------------------------------------------- 43
6.7.3 Storm water Control and Phosphorous Management --------------------------------- 43
6.7.4 Preservation of Critical Natural and Cultural Resources ----------------------------- 44
6.7.5 Air Quality 45
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6.7.6 Water Quality 46
6.7.7 Floodplain Development 47
6.7.8 Public Safety 47
6.7.9 Homeowners Associations 47
6.7.10 Solid and Sanitary Waste Storage and Disposal --------------------------------------- 48
6.7.11 Handling and Storage of Toxic or Hazardous Materials ------------------------------ 49
6.7.12 Street Improvements 49
6.7.13 Access to the Development 50
6.7.14 Internal Circulation and Parking 51
6.7.15 Landscape Integration 54
6.7.16 Business Signs 55
6.7.17 Outdoor Lighting 56
6.7.18 Noise 56
6.8
Development Standards for Specified Activities -------------------------------------- 57
6.8.1 Open Space and Clustered Residential Subdivision ----------------------------------- 57
6.8.2 Manufactured Housing Parks 59
6.8.3 Multi-Family Developments: Conversions of Existing Dwellings ------------------ 62
6.8.4 New Multi-Family Development 63
6.8.5 Wireless Communications Facilities ---------------------------------------------------- 64
6.8.6 Commercial Wind Energy Conversion Systems --------------------------------------- 65
6.8.7 Small Wind Energy Systems 66
6.8.8 Reserved 68
6.8.9 Solar Energy Systems 69
7 Definitions of Terms ---------------------------------------------------------------------- 74
Appendix
Changes 2012 77
Changes 2015 78
Changes 2020 78
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Comprehensive Development Ordinance
1: Legal Basis for this Ordinance
1.1 Legal Authority
This Ordinance has been prepared and enacted in accordance with the provisions of Title
30-A, Maine Revised Statutes Annotated, Sections 3001, Home Rule; 4321 et. seq. and
subject to the authority and limitations of Title 30-A, MRSA, Section 4353, Regulation of
Manufactured Housing; and Title 30-A, MRSA, Section 4401-4407, Subdivision Law.
1.2 Purpose
The purpose of this Ordinance is to promote and protect the health, welfare and safety of
the Town and its residents through a system of land use regulation that achieves the
following:
(i) to ensure the adequate design, layout, construction and maintenance of land,
improvements and structures;
(ii) to provide a review of construction, subdivision, and commercial development
proposals with the potential to impact the Town of Monmouth;
(iii) to assure that new development meets the goals and conforms to the policies of the
current Comprehensive Plan Update;
(iv) to conserve the town’s natural beauty and visual character by ensuring the adequate
design, layout, construction and maintenance of land, structures, signs and other
improvements;
(v) to accommodate change and growth in a manner that will prevent disruptions in
community life and in the provision of town services;
(vi) to protect Monmouth’s natural resources including but not limited to the town’s
lakes, ponds, streams, wetlands, ground water, soils, and wildlife habitat from
damage and/or unnecessary negative impacts;
(vii) to provide the applicant, town residents, and the Planning Board with clear
procedures and requirements for the review of applications for development.
1.3 Superseding of Prior Ordinances
The adoption of this ordinance repeals the following ordinances in their entirety:
(i) Building Permit and Minimum Lot Size Ordinance for the Town of Monmouth,
enacted June 26, 1993, as amended;
(ii) Manufactured Housing and Manufactured Housing Ordinance, enacted February
22, 1990, as amended;
(iii) Town of Monmouth Ordinance for the Regulation of Multi-family Housing, enacted
June 2, 1987, as amended;
(iv) Town of Monmouth Non-Residential Site Plan Review Ordinance, enacted May 16,
1997, as amended; and
(v) Town of Monmouth Subdivision Ordinance enacted May 29, 1992, as amended.
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1.4 Legal Provisions
1.4.1 Conflict with Other Ordinances
Whenever a provision of this Ordinance conflicts with or is inconsistent with another
provision of this Ordinance or of any other ordinance, regulation or statute, the more
restrictive provision shall control.
1.4.2 Validity and Severability
Should any provision or section of this Ordinance be declared by the courts to be invalid,
such decision shall not invalidate any other provision or section of this Ordinance.
1.4.3 Effective Date
This ordinance shall become effective upon the date of enactment.
1.5 Amendments
1.5.1 This Ordinance may be amended by a majority vote of the Town at a Town Meeting in
accordance with the statutory procedures specified for the enactment of ordinances.
1.5.2 Any proposed amendment shall be presented at a public hearing of the Planning Board.
1.5.2.1 The public hearing shall be advertised by a public notice posted in the Town Office at
least thirteen (13) days prior to the date of the hearing, and by two notices in at least
one newspaper of general circulation, the first to appear at least twelve (12) days prior
to the date of the hearing; the second to appear at least seven (7) days prior.
1.5.3 A proposed amendment shall be placed on the warrant of the Town Meeting by a majority
vote of the Board of Selectmen, upon the recommendation of the Planning Board or upon
submission of a valid petition signed by a minimum of ten (10) percent of the number of
Monmouth residents voting in the most recent gubernatorial election.
1.5.4 The text of a proposed amendment may not be further amended on the floor of a Town
Meeting.
2: Administration and Operation of this Ordinance
2.1 Applicability
2.1.1 This Ordinance shall apply to land uses and development within the Town of Monmouth.
All divisions of land, and buildings or structures hereinafter erected, reconstructed, altered,
enlarged, or moved in the Town of Monmouth shall be in conformance with the provisions
of this Ordinance.
2.1.2 This ordinance does not regulate routine maintenance and upkeep of residential or
commercial property. This ordinance does not regulate the use of land for other than
construction or development of structures or earth moving. This ordinance does not
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regulate the use of land for agriculture and forest management, unless such land use
includes the development of structures.
2.2 Guide to Operation
This ordinance regulates the following forms of land use. The citation of specific sections
is intended as a guide to the reader and does not limit the authority of the Town to enforce
other sections of the ordinance.
2.2.1 The creation of new, individual lots and standards for the location of buildings within lots
is generally subject to the provisions of Chapter 3.
2.2.2 The process for issuance of building permits for the construction or placement of buildings
and structures is generally subject to the provisions of Chapter 4.
2.2.3 The process and standards for the issuance of Planning Board approval for residential and
commercial development, including subdivision of land or buildings and the establishment
or expansion of non-residential development, is generally subject to the provisions of
Chapter 5. Chapter 5 is divided into two parts: Part One describes the process for the
granting of development approval by the Planning Board; Sections 5.7 and 5.8 describe the
criteria and standards which must be met in order for approval to be granted.
2.2.4 Definitions of terms used in this Ordinance are located in Chapter 6.
2.2.5 This ordinance is intended to work in coordination with the Town of Monmouth Shoreland
Zoning Ordinance. This ordinance does not contain specific shoreland zoning provisions,
but development subject to shoreland zoning may also be subject to the requirements of
this ordinance.
2.3 Companion Ordinances
The issuance of a permit or approval under the terms of this ordinance does not relieve the
developer of the obligation to obtain permits under other federal, state, or local authority.
Specifically, this ordinance does not cover:
(i) permits for development within shoreland zones, as defined and regulated
by the Town of Monmouth Shoreland Zoning Ordinance;
(ii) permits for development within the flood zone, as defined and regulated by
the Town of Monmouth Floodplain Management Ordinance;
(iii) Annual permits for the operation of junkyards and automobile graveyards.
(iv) Solid Waste as controlled by the Solid Waste Flow Control Ordinance
(v) Permits for construction of streets and roads and road and driveway
openings as defined and regulated by the Town of Monmouth Street and
Road Ordinance.
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2.4 Development Fees
2.4.1 The Board of Selectmen for the Town of Monmouth is hereby authorized to determine the
amount of fees to be assessed for permits, applications and related activities. A fee
schedule shall be published and attached to all applications for development under this
ordinance, and contained in appendix A.
2.4.2 The Board of Selectmen may amend the fee schedule from time to time as deemed
necessary and with the concurrence of the Planning Board. A public hearing shall be held
prior to the Board vote to amend the fee schedule. Notice of the public hearing shall be
posted in the town office a minimum of fourteen (14) prior to the date of the hearing.
2.4.3 The initial fee schedule shall become effective on the day it is enacted. Amended fee
schedules shall become effective thirty (30) days after the date of enactment.
2.4.4 The purpose of the fees to be collected is so that the applicant will bear the cost of
development review. The amount of fees shall be set to reasonably relate to the actual cost
of review. Fees shall be set on a sliding scale to reflect the complexity of the review, and
such administrative, professional, inspection, and engineering services expected to be
incurred. The fee schedule shall include a component to be collected for specialized
review, said component to be refunded to the applicant in part or in whole if not expended.
2.4.5 The fee schedule may also include impact fees, if developed and adopted in compliance
with 30-A MRSA, section 4354.
2.5 Violations and Enforcement
2.5.1 It shall be the duty of the Code Enforcement Officer to enforce the provisions of this
Ordinance.
2.5.2 The Code Enforcement Officer in the discharge of official duties, and upon proper
identification, shall have authority to enter any building, structure or premises at reasonable
hours to inspect for compliance with building permits issued under this Ordinance. The
Code Enforcement Officer shall also investigate all complaints of alleged violations of this
Ordinance.
2.5.3 If the Code Enforcement Officer shall find that any provision of this Ordinance is being
violated, he or she shall notify in writing the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary to correct it,
including an order to stop work, discontinue the illegal use of land, buildings or structures,
remove illegal buildings or structures, or abate nuisance conditions. The notice shall state
the rights of appeal. A copy of such notices shall be submitted to the Town Manager and
Board of Selectmen and shall be maintained as a permanent record.
2.5.4 When the above action does not result in the correction or abatement of the violation or
nuisance condition, the Board of Selectmen, upon notice from the Code Enforcement
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Officer, are hereby directed to institute any and all actions and proceedings, either legal or
equitable, including seeking injunctions of violations and the imposition of fines, that may
be appropriate or necessary to enforce the provisions of this Ordinance in the name of the
Town of Monmouth.
2.5.5 Consent Agreements: The Board of Selectmen may pursue a consent agreement procedure
as a means of resolving a violation. The agreement shall include but not be limited to the
following provisions:
1. Restoration, removal or proper permitting and a compliance schedule of
violating alterations;
2. An appropriate monetary penalty, but not less than $100;
3. A waiver of appeal; and
4. Payment of attorney fees and costs.
2.5.6 Any person, firm or corporation being the owner, agent, or having control or use of any
structure or premises, who violates any of the provisions of this Ordinance shall upon
conviction be fined in accordance with the provisions of Title 30-A, MRSA, Section 4452.
Each day such violation is permitted to exist after notification shall constitute a separate
offense. All fines shall be paid to the Town of Monmouth. Such persons shall also be
liable for court costs and reasonable attorney fees incurred by the Town.
2.5.7 Any person, firm or corporation being the owner, agent, or having control or use of any
structure or premises, who fails to obtain a building permit prior to the start of construction,
repairs or alterations for which a building permit is required will be assessed a fine equal to
the cost of the building permit up to a maximum of $500 plus the cost of the permit.
2.6 Code Enforcement Officer Powers and Duties
2.6.1 The Code Enforcement Officer is the enforcement authority for this ordinance. He/she
shall be appointed by the Board of Selectmen. During temporary absence or disability of
the CEO, the Board of Selectmen shall designate an acting CEO.
2.6.2 Powers and Duties: The Code Enforcement Officer shall have the following duties:
(i) Confer with citizens upon request
(ii) Issue building permits;
(iii) Advise the planning board regarding technical aspects of applications for which it
has review responsibility;
(iv) Inspect sites where buildings/use permits have been issued to insure compliance
with this Ordinance;
(v) Investigate complaints and reported violations;
(vi) Enforce the provisions of this Ordinance;
(vii.) Keep written inspections reports and thorough records;
(viii.) Participate in appeals procedures;
(ix.) Appear in court when necessary;
(x.) Attend meetings of the Planning Board and;
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(xi.) Advise the Planning Board on matters relating to applications before it.
2.7 Planning Board Powers and Duties
2.7.1 The Planning Board is authorized to review and decide upon applications for approval of
subdivision, non-residential developments, and multifamily residential projects as provided
in chapter 5, and earth moving permits, as provided for in chapter 4. At the request of the
Code Enforcement Officer, the Planning Board may advise the Code Enforcement Officer
as to the interpretation or applicability of the ordinance.
2.7.2 The Planning Board shall from time to time review and make recommendations to the
Board of Selectmen concerning the operation of this ordinance, proposed amendments or
fees to be collected.
2.7.3 The Planning Board is authorized to adopt such rules and procedures as will contribute to
the efficient administration of their duties under this ordinance.
2.8 Board of Appeals Powers and Duties
2.8.1 The Board of Appeals, created in accordance with the provisions of State law, shall hear
and decide administrative and variance appeals.
2.8.2 Administrative Appeals:
2.8.2.1 The Board of Appeals may hear and decide appeals where it is alleged that there is an
error in any order, requirement, decision, or determination made by, or failure to act by,
the Code Enforcement Officer in the enforcement or administration of this Ordinance.
2.8.2.2 When errors of administrative procedure or interpretation are found by the Board of
Appeals, the case shall be remanded to the Code Enforcement Officer for
reconsideration consistent with the Board of Appeals decision.
2.8.3 Variance Appeals
2.8.3.1 The Board of Appeals may permit variances only under the following conditions:
(i) Variances may be granted only from dimensional requirements including but not
limited to, lot width, structure height, percent of lot coverage, and setback
requirements.
(ii) Except as provided in subsections below, the Board may grant a variance only when
it finds that the strict application of the terms of this Ordinance would result in
undue hardship, the board must find that the applicant has met all 4 of the following
conditions:
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,
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c. The granting of a variance will not alter the essential character of the locality;
and
d. The hardship is not the result of action taken by the applicant or a prior owner.
2.8.3.2 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 paragraph solely to the installation
of equipment or the construction of structures necessary for access to or egress from
the property by the person with the disability. The Board may impose conditions on
the variance, including limiting the variance to the duration of the disability or to the
time that the person with the disability lives on the property. For the purposes of this
paragraph, a disability has the same meaning as a physical or mental handicap under
Title 5, M.R.S.A, Section 4553.
2.8.3.3 The Board may grant a setback variance for a single-family dwelling that is the
primary year-round residence of the petitioner only when it finds that the strict
application of the terms of this Ordinance would result in undue hardship, as stated
below:
a. The need for a variance is due to the unique circumstances of the property and not
to the general conditions in the neighborhood;
b. The granting of a variance will not alter the essential character of the locality,
c. The hardship is not the result of action taken by the applicant or a prior owner,
d. The granting of a variance will not substantially reduce or impair the use of abutting
property, and
e. The granting of a variance is based upon demonstrated need, not convenience, and
no other feasible alternative is available.
A variance under this subsection may not exceed 20% of a setback requirement nor
cause the dwelling to exceed the maximum lot coverage.
2.8.3.4 The Board of Appeals shall limit any variances granted as strictly as possible in order
to insure conformance with the purposes and provisions of this Ordinance to the
greatest extent possible, and in doing so may impose such conditions to a variance as
it deems necessary. The party receiving the variance shall comply with any conditions
imposed.
2.8.4 Appeals Procedure
2.8.4.1 An administrative or variance appeal may be taken to the Board of Appeals by an
applicant, owner, or aggrieved party or the Town of Monmouth through the
Selectmen from any decision of the Code Enforcement Officer. Such appeal shall be
taken within thirty (30) days of the date of the decision appealed from, and not
otherwise, except that the Board, upon a showing of good cause, may waive the thirty
(30) day requirement.
2.8.4.2 Any applicant, owner, or aggrieved party who participated as a party during the
proceedings before the Board of Appeals or the Town of Monmouth through the
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Selectmen may take an appeal to Superior Court in accordance with State laws within
thirty (30) days from the date of any decision of the Board of Appeals or as otherwise
allowed by the Superior Court.
2.8.5 Appeals from decisions of the Planning Board
The Board of Appeals shall not have the authority to review actions of the Planning Board
to approve or deny an application for development approval. Appeals from decisions of the
Planning Board shall be made directly to the Superior Court in accordance with section
5.2.3 of this ordinance.
3: Non-Conforming
3.1 Non-conformance
It is the intent of this Ordinance to promote the fair and equal application of land use
regulations. However, nonconforming conditions, buildings or structures existing or permitted
prior to the effective date of this ordinance shall be allowed to continue or be completed,
subject to the requirements set forth in this section.
3.2 General Requirements
3.2.1 Transfer of Ownership: Nonconforming buildings, structures and lots may be transferred,
and the new owner may continue to use the nonconforming building, structure or lot,
subject to the provisions of this Ordinance.
3.2.1.1 Repair and Maintenance: This Ordinance allows the normal upkeep and maintenance
of nonconforming buildings or structures, including repairs or renovations which do
not involve expansion of the nonconforming building or structure, and such other
changes as federal, state, or local building and safety codes may require.
3.2.2 Nonconforming Buildings and Structures
3.2.2.1 Expansions: A nonconforming building or structure may be added to or expanded, if
such addition or expansion does not increase the nonconformity of the building or
structure.
3.2.2.2 Relocation: A nonconforming building or structure may be relocated within the
boundaries of the parce1 on which it is located provided that the site of relocation
conforms to all setback requirements to the greatest practical extent as determined by
the Code Enforcement Officer, and provided that the applicant demonstrates that the
present subsurface sewage disposal system meets the requirements of State law and
the State of Maine Subsurface Wastewater Disposal Rules (“Rules”), or that a new
system can be installed in compliance with the law and said Rules. In no case shal1 a
building or structure be relocated in a manner that causes the building or structure to
be more nonconforming.
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3.2.2.2.1 In determining whether the building or structure relocation meets the setback to
the greatest practical extent, the Code Enforcement Officer shall consider the
size of the lot, the slope of the land, the potential for soil erosion, the location
of other structures on the property and on adjacent properties, the location of
the septic system and other on-site soils suitable for septic systems, and the
vegetation to be removed to accomplish the relocation.
3.2.2.3 Reconstruction or Replacement: Any nonconforming building or structure which is
located less than the required setback and which is removed, damaged, or destroyed
may be reconstructed or replaced provided that a permit is obtained within one (1)
year of the date of said removal, damage, or destruction and provided that such
reconstruction or replacement is in compliance with setback requirements to the
greatest practical extent as determined by the Code Enforcement Officer. In no case
shall a building or structure be reconstructed or replaced so as to increase its
nonconformity.
3.2.2.4 Manufactured Housing (Mobile Homes): Older Manufactured Housing not
constructed according to the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 USC, Chapter '70 or Section 4.4 of this ordinance, shall be
considered nonconforming and may continue to be maintained, repaired, and
improved in accordance with this Ordinance. A non-conforming Manufactured
Housing may not be replaced by another Manufactured Housing that does not meet
the standards of section 4.4. If a Manufactured Housing is non-conforming with
respect to setbacks, its replacement shall be sited to meet the setbacks to the greatest
practical extent.
3.2.3 Nonconforming Lots
3.2.3.1 Individual Nonconforming Lots: A nonconforming lot of record existing on or before
the effective date of this ordinance, may be built upon, without the need for a variance,
provided that such lot is in separate ownership and not contiguous with any other lot in
the same ownership and all provisions of this Ordinance except lot size and frontage
can be met. Variances relating to setback or other requirements not involving lot size
or frontage shall be obtained by action of the Board of Appeals.
3.2.3.2 Contiguous Built Lots: If two or more contiguous lots or parcels were in the same
single or joint ownership of record as of the effective date of this ordinance, if all or
part of the lots do not meet the dimensional requirements of this ordinance, and if a
principal use or structure exists on each lot, the nonconforming lots may be conveyed
separately or together, provided that each lot separately shall meet the requirements of
the Subsurface Wastewater Disposal Rules.
3.2.3.3 Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels
were in the same single or joint ownership of record as of the effective date of this
ordinance, if any of these lots do not individually meet the dimensional requirements
of this Ordinance, and if one or more of the lots are vacant or contain no principal
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structure the lots are hereby combined to the extent necessary to meet the dimensional
requirements, unless the lots are part of an approved subdivision plan.
3.2.3.4 Multiple Principal Structures or Uses on Single Lots of Record: If two or more
principal buildings, structures or uses exist on a single lot of record, the lot shall not be
divided in a manner that creates a nonconforming lot or causes a nonconforming lot to
become more nonconforming.
3.2.3.5 Non-conforming Lots within a Manufactured Housing Park: Nonconforming lots in
an existing Manufactured Housing park may continue to be used provided that existing
nonconforming setbacks are not further reduced. When a Manufactured Housing on a
non-conforming park lot is replaced, setbacks shall be met to the greatest practical
extent.
3.3 Non-conforming Manufactured Housing
3.3.1 A manufactured home not constructed according to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 USC, Chapter 70, or Section 4.4 of this
ordinance, which was legally sited within the Town of Monmouth as of August 4, 1988,
may be moved to another location within the Town provided that all other applicable
requirements of this and other ordinances of the Town are met.
3.3.2 A manufactured home not constructed according to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 USC, Chapter 70, or Section 4.4 of this
ordinance may be used as temporary housing during the permitted construction period for a
new single family dwelling under the following conditions:
(i) The Manufactured Housing is located on the same lot as the dwelling under
construction;
(ii) The approved water supply and sewage disposal systems (or hook-ups) for the lot
shall be capable of serving first the temporary Manufactured Housing and finally
the permanent dwelling and shall be installed prior to the placement of the
Manufactured Housing on the lot;
(iii) The Manufactured Housing shall be placed so as to meet yard setback requirements
to the maximum extent possible while allowing space for construction;
(vi) The Manufactured Housing shall be occupied only by the owner of the permanent
building under construction; and
(vii) The Manufactured Housing shall be removed from the lot within ninety (90) days of
the date of issuance of an occupancy permit for the permanent dwelling.
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4: General Site Requirements for Construction
4.1 Dimensional Requirements
All new residential buildings and commercial structures shall be placed on lots in
conformance with the standards of this Chapter.
4.1.1 Minimum Lot Area:
4.1.1.1 Minimum required size for a new lot:
15,000 square feet if using the public sewer system
40,000 square feet if using private waste disposal
4.1.1.2 The planning board is authorized to modify minimum lot size requirements for the
purpose of approving specified residential subdivisions in accordance with the
provisions of section 5.8.
4.1.1.2.1 Minimum required size for a new lot within a Manufactured Housing park:
6,500 square feet if the park will be served by public sewer,
12,000 square feet for additions of lots to a park served by a central subsurface
waste disposal system.
4.1.1.2.2 Additional lot area shall be required if a building will contain three (3) or more
dwelling units, as specified in sections 6.8.3.2 and 6.8.4.1 of this ordinance. In
addition, if a lot will accommodate two or more principal buildings, it shall be
designed and structures placed so as to allow future division into conforming
lots. Lots shall be configured to provide adequate minimum lot size and
frontage for each building, and buildings separated so as to provide adequate
side setbacks should a new boundary be created, unless established as a
condominium form of ownership.
4.1.2 Required Street Frontage
4.1.2.1 For new lots that will front on an existing road:
75 feet minimum street frontage if the lot is served by the public sewer,
200 feet minimum street frontage if the lot is served by private waste disposal.
4.1.2.2 For new lots that will front on a road proposed to be built to the standards of the
Town of Monmouth Streets and Ways Ordinance:
75 feet minimum frontage if the lot is served by public sewer.
150 feet minimum frontage if the lot is served by private waste disposal.
4.1.2.3 Lots that do not have frontage meeting the requirements of sections 4.1.2.1 or
4.1.2.2 may be built on only if they have a minimum of two hundred (200) feet of
frontage on a right-of-way that has been surveyed, a legal description prepared, and
appurtenant easement granted to the lot. If the right-of-way is deeded in fee, it shall
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not have the effect of reducing the parent lot to a nonconforming size or frontage.
This section shall not apply to new lots requiring review as a subdivision.
4.1.2.4 Lots within a manufactured home park, the minimum frontage shall be fifty (50)
feet on streets and under the management of the park owner.
4.1.3 Required Building Setbacks
4.1.3.1 All setbacks and separation distances shall be measured from the nearest corner of
the building to the property line.
4.1.3.2 Minimum front setback from the edge of a right-of-way:
35 feet if the lot is served by public sewer,
50 feet if the lot is served by private waste disposal, except as provided below.
4.1.3.2.1
Setbacks for all commercial solar projects shall be two hundred (200) feet from
the sideline of all roads and property lines of abutting properties, except that
abutting property owners may waive in writing the setback requirement to no
less than fifty (50) feet.
4.1.3.2.2
Within a Manufactured Housing park, the minimum setback from an internal
street shall be twenty (20) feet.
4.1.3.2.3
On lots served by public sewer, where adjoining, pre-existing buildings do not
meet the required setback from the right-of-way, a new building may be set
back a distance equal to the larger of the setbacks of the two adjoining
buildings.
4.1.3.2.4
On a lot fronting on two or more streets or rights-of-way, the front setback
shall be enforced only from the street used for assigning street numbering.
4.1.3.3 Where the edge of the right-of-way of a town road cannot be definitely established,
the required setback distance shall be measured from the center line of the road,
with twenty five (25) feet added to the required setback to accommodate the
presumed width of the right-of-way.
4.1.3.4 Minimum side and rear setback
10 feet if the lot is served by public sewer,
20 feet if the lot is served by private waste disposal,
Except as provided below.
4.1.3.4.1 Minimum side and rear setback for structures less than or equal to two hundred
square feet shall be six (6) feet.
4.1.3.4.2 All new multi-family buildings shall be set back from side and rear lot lines a
distance equal to the height of the building.
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4.1.4 Lot Coverage
4.1.4.1 On residential and mixed use lots served by sub surface waste disposal, no more than
thirty (30) percent of the lot area may be covered by buildings and other impervious
surface.
4.1.4.2 All other lots shall not exceed fifty (50) percent of the lot area covered by buildings
and other impervious surface, with the exception of lots containing a
commercial solar array where lot coverage shall not exceed fifty (50) percent,
except for if the project includes dual use and/or biodiversity enhancement lot
coverage shall not exceed eighty (80) percent.
4.1.5 Building Height
4.1.5.1 The maximum height of a new single-family or two-family residential building shall
be twenty (20) feet, as measured from the average ground elevation where it abuts the
foundation to the eave line of the uppermost roof.
4.1.5.2 The maximum height of all other buildings is thirty five (35) feet, except that the
maximum height shall not apply to buildings which are used solely for agricultural
purposes or the storage or distribution of liquids.
4.1.6 Flag Lots
4.1.6.1 Dimensional Standards
Minimum corridor width shall be 30 feet and not included in frontage if owned by
flag lot.
Corridor frontage on a public road shall be 30 feet minimum.
Lot width shall be 200 feet minimum excluding access without public sewer.
Lot area shall be 40,000 square feet without public sewer not including any portion of
the access corridor.
Remainder of lot shall meet minimum lot size standards of section 4.1
Second or subsequent divisions must meet the standards for Town of Monmouth
Road Ordinance for access and utilities. (See Current Street and Road
Ordinance.)
The Access Corridor shall be either fee ownership of a portion of the back lot or an
appurtenant easement for the benefit of the back lot.
4.1.6.2 Construction Standards for ingress and egress.
Minimum travel way width is 20 feet
Must be cleared and grubbed to mineral earth
Provide a base of 18” gravel with a 6 inch gravel wearing surface
Provide adequate drainage
Provide a “T” type turn at the end of the access corridor for emergency vehicles.
4.1.7 Unbuilt Lots of Record
A lot of record shown on a recorded subdivision plan or described in a record instrument
with a date prior to June 30, 1974 not situated within the portion of the Town of Monmouth
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served by the Monmouth Sanitary District or the Monmouth Water Association, and being
undeveloped shall have the following minimum dimensional standards apply.
4.1.7.1 Dimensional Standards
Minimum road setback – 15 Feet
Minimum side yard setback – 10 Feet
Minimum rear yard setback – 10 Feet
5: Building Permit Requirements
5.1 Permits Required
5.1.1 Building Permits
No person firm, corporation or other legal entity shall begin any new construction; make
structural changes to an existing building or structure; or place a new building or structure
in Monmouth without first obtaining a building permit, except where work is limited to
ordinary maintenance or repair of buildings or structures or construction of an accessory
structure not exceeding two hundred (200) square feet in floor area. Failure to obtain
required permits before start of construction shall incur a double fee.
5.1.2 Earth Moving
Any Earth moving may be subject to Maine erosion and sedimentation control law
38MRSA Sect 420-C. No person firm, corporation or other legal entity shall engage in any
earth moving activity without first obtaining a permit, except (1) earth moving of less than
50 cubic yards not within shoreland districts, (2) earth moving within state permitted or
grand-fathered pits, (3) earthmoving in conjunction with routine driveway and road
maintenance, ditching and/or culvert replacement and (4) earthmoving in conjunction with
agricultural and gardening tillage. Permits shall be issued as follows:
i. By the Code Enforcement Officer
a. Within shoreland zoning areas, the Code Enforcement Officer may issue
permits to move less than 10 cubic yards in Resource Protection and between 10
and 25 yards in other areas.
b. Outside shoreland zoning areas, the Code Enforcement Officer may issue
permits to move 50 cubic yards or more within a 12 month period.
ii. By the Planning Board
a. In Resource Protection areas the Planning Board may issue a conditional use
permit to move 10 cubic yards or more.
b. In other shoreland zoning areas the Planning Board may issue a conditional use
permit to move more than 25 cubic yards.
iii Applicable standards of review for permits within areas covered by Shoreland
Zoning and Resource Protection may be found in the Monmouth Shoreland Zoning
Ordinance. Permit requests for areas outside Shoreland Zoning and Resource Protection
shall meet the applicable General Development Standards in 6.7.
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5.1.3 Driveway and Road Opening Permits
No person firm, corporation or other legal entity shall create or establish a new driveway or
road entrance without first obtaining a permit from the Public Works Director under the
Town of Monmouth Street and Road Ordinance. The Public Works Director shall inspect
the work and shall refer violations of the conditions of the permit or the failure to obtain a
permit to the Code Enforcement officer for enforcement action.
5.2 Permit Application and Review
5.2.1 Where the code enforcement officer cannot determine the setback for proposed
construction, a survey may be required.
5.2.2 Application Forms: An applicant for a building permit shall submit to the Code
Enforcement Officer (CEO) a written application on a form specified by the Town,
accompanied by the appropriate fee and construction drawings and plans in sufficient detail
that the CEO may evaluate the work being proposed. Site plans are required where new or
expanded buildings are proposed. The site plan shall show the actual shape and dimensions
of the lot, the location and size of existing and proposed structures and their setbacks from
lot lines, and such other information as may be necessary to provide for the administration
and enforcement of this Ordinance.
5.2.3 CEO Review Procedures: The CEO shall note upon each application the date of its receipt.
The CEO shall review the application, determine whether it is in conformance with the
criteria in this Ordinance, and issue or deny the building permit within 10 days of receipt. If
a permit is either denied or approved with conditions, the reasons as well as conditions
shall be stated in writing.
5.2.4 Review Criteria: The CEO shall issue a building permit upon finding that the following
criteria have been met:
i. The building will be sited on the lot in conformance with the standards of Chapter 4
of this ordinance.
ii. The building will be constructed in compliance with the Maine Uniform Building
and Energy Code, as enacted at 10 M.R.S.A. 9721 et seq. and incorporated by
reference in this Ordinance. NOTE: Enforcement of the Maine Uniform Building
and Energy Code is a state mandate. If the mandate is repealed at any time
following the effective date of this ordinance, this criteria shall not be applied.
iii. Manufactured housing shall be constructed in accordance with the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC,
Chapter 70, except as provided in section 5.4 of this ordinance.
iv. The applicant has obtained all necessary approvals, permits, and licenses required
by state or local laws and ordinances, including but not limited to subdivision or
commercial development approval, shoreland zoning permits, and plumbing or
subsurface wastewater disposal permit or sewer permit as applicable.
v. If the building is a Manufactured Housing, evidence of payment of state sales tax,
in accordance with Title 30-A MRSA, Section 4358, Subsection 4.
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5.2.5 Permit Status:
5.2.5.1 Expiration: A building permit shall lapse and become void if work is not
substantially started within one year of the date of the permit and substantially
completed within one year of the start of construction. A substantial start must
include installation of a subsurface disposal system or the foundation for new
construction.
5.2.5.2 Renewal: A permit which has been substantially started may be extended and
renewed annually by the CEO, upon submission of a request for extension and an
additional $25 fee.
5.2.5.3 Suspension: A permit upon which no work has been done may be suspended by the
CEO upon the request of the permit holder, provided that the request is made before
expiration of the permit. No refund shall be made of permit fees, and the permit may
be reinstated at any time at the discretion of the CEO.
5.2.5.4 Vacation: A permit upon which no work has been done may be vacated upon the
request of the permit holder, provided the request is made before the expiration of
the permit. A refund of permit fees may be requested; however, the CEO shall
withhold a portion of the refund to cover administrative expenses, not to exceed
$100 (one hundred dollars). Permits which have been vacated do not have any
standing, and a new permit must be applied for prior to construction.
5.2.5.5 Completion of Work: The building permit card must be returned to the Town Office
at the completion of work. That will start the Certificate of Occupancy procedure if
needed. If the building permit card is lost, contact the CEO for a completion of work
form.
5.2.6 Inspections
5.2.6.1 The CEO shall be authorized to schedule and conduct inspections of the construction
of the building, in coordination with the builder. It is the responsibility of the builder
to notify the CEO of availability of the site for inspection. If an inspection cannot be
conducted within two (2) business days of the completion of a pre-determined phase
of construction, the builder shall not proceed except at his own risk. [Ed. Note:
Section R109.4 of the IRC states: “Work shall not be done beyond the point
indicated in each successive inspection without first obtaining the approval of the
building official.” The section has no reference to a time period in any context.]
5.2.6.2 If the CEO finds during inspection that provisions of this ordinance or the related
construction code have apparently been violated, he shall issue an order to stop work
until and except for work to rectify the violation. If the CEO becomes aware of
work that has been completed without a required inspection, he shall issue an order
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to stop work until the inspection can be completed. If a stop work order has been in
effect for sixty (60) days, the CEO may at his discretion revoke the building permit.
5.3 Occupancy Permit
No home or business subject to this ordinance shall be occupied except upon the issuance
of an occupancy permit issued by the Code Enforcement Officer. The CEO shall issue an
occupancy permit upon request following a final inspection that demonstrates that the
building is safe and sanitary, and does not present a nuisance to neighboring properties.
Finished flooring, trim and exterior siding are not necessary for an occupancy permit.
5.4 Design and Safety Standards for Older Manufactured Housing
These standards shall apply to all manufactured housing built before June 15. 1976, or not
built according to the National Manufactured Housing Construction and Safety Standards
Act of 1974, 42 USC, Chapter 70.
5.4.1 All manufactured housing shall have a pitched, shingled roof and siding that is in
conformance with the residential buildings in the vicinity.
5.4.2 All manufactured housing shall be placed upon a permanent foundation, or a concrete (or
equivalent material) pad and continuous skirting around the base of the home.
5.4.3 Means of Egress
4.4.3.1 Homes shall have a minimum of two exterior doors not less than 12 feet from each
other as measured in any straight line direction regardless of the length of the travel
between doors. One of the required exit doors must be accessible from the doorway
of each bedroom without traveling more than 35 feet.
5.4.3.2 Required egress doors shall not be located where a lockable interior door must be
used in order to exit.
5.4.4 Fire Detection Equipment
5.4.4.1 At least one smoke detector (which may be a single station alarm device) shall be
installed in the home in each of the following locations:
(i) A smoke detector shall be installed on any wall in the hallway or space
communicating with each bedroom area between the living area and the first
bedroom door unless a door separates the living area from that bedroom area,
in which case the detector shall be installed on the living area side as close to
the door as practical.
(ii) Homes having bedroom areas separated by any one or combination of
common areas such as kitchen, dining room, living room or family room (but
not a bathroom or utility room) shall have at least one detector protecting each
bedroom area.
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5.4.4.2 When located in hallways the detector shall be between the return air intake and the
living area.
5.4.4.3 The smoke detector shall not be placed in a location which impairs its effectiveness.
5.4.4.4 Smoke, Carbon Monoxide, and Heat detectors shall be labeled as conforming to the
current requirements of Underwriters Laboratory Standards.
5.4.4.5 Each smoke detector shall be installed in accordance with its listing. The top of the
detector shall be located on a wall 4 inches to 12 inches below the ceiling. However,
when a detector is mounted on an interior wall below a sloping ceiling, it shall be
located 4 inches to 12 inches below the intersection on the connecting exterior wall
and the sloping ceiling (cathedral ceiling). The required detector(s) shall be attached
to an electrical outlet box and the detector connected by permanent wiring method
into a general electrical circuit. There shall be no switches in the circuit to the
detector between the overcurrent protection device protecting the branch circuit and
the detector. The smoke detector shall not be placed on the same branch circuit or any
circuit protected by a ground fault circuit interrupter
5.4.5 The requirements of this subsection shall not apply to manufactured housing, house trailers
and Manufactured Housings owned by dealers as stock in trade, said units remaining
unoccupied.
6: Development Review
6.1 Approval Required Prior to Development
This chapter sets out the procedures and requirements for approval by the Town of
Monmouth of the following types of development:
6.1.1 Subdivisions
The Planning Board shall review and decide upon all applications for subdivision plan
approval.
6.1.1.1 A subdivision shall be as defined in 30-A M.R.S.A sec. 4401.
6.1.1.2 No person, firm, corporation or other legal entity may sell, lease, develop, build upon
or convey for consideration, offer or agree to sell, lease, develop, build upon or
convey for consideration any land or unit in a subdivision which has not been
approved in accordance with this ordinance and recorded in the Kennebec County
Registry of Deeds.
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A. The construction of any new commercial, multi-family, industrial, institutional,
fraternal, municipal, recreational or utility building or structure consisting of less than
(5,000) square feet of gross floor area with up to (2,000) square feet of parking area
associated therewith;
B. the establishment or expansion of parking areas by (1,000) to (2,000) square feet in
area;
C. The conversion of an existing building from a residential to non-residential use, where
the converted area will not exceed (2,000) square feet of gross floor area, including
establishment of home-based businesses;
D. Business to single family residential.
E. The addition of a single dwelling unit to an existing residential use;
F. The expansion of an existing non-residential building, structure or use which expands
the gross floor area, seating capacity, or outdoor storage area by less than (1,000)
square feet or 25 percent (whichever is lesser).
G. The resumption of conforming non-residential uses which have been discontinued for a
period of two or more years.
6.1.2 Non-residential and Multi-family Development
The Planning Board or Code Enforcement Officer shall review and decide upon all
applications for approval of non-residential and multi-family development.
6.1.2.1 A development subject to Code Enforcement Officer Review is defined as follows:
6.1.2.1.1 A development review by the Code Enforcement Officer is intended to be an
expedited version of Planning Board review. The procedures for Planning
Board review, as specified in section 6.2.2, shall be followed, except as
follows:
i. The CEO is authorized to waive submission requirements prior to finding of
a complete application. Only two (2) copies of application materials shall be
required;
ii. No public hearing shall be held;
iii. A decision on the application shall be made within ten (10) working days of
the receipt of all requested materials from the applicant.
iv. An applicant who is aggrieved by the decision of the CEO may request that
the application be reviewed de novo by the Planning Board.
v. where factors such as traffic, site conditions or proposed use requires more
intensive review the CEO may refer the permit request to the planning board
6.1.2.2 A development subject to Planning Board review is defined as follows:
A. The construction of any new commercial, multi-family, industrial, institutional,
fraternal, municipal, recreational or utility building or structure which exceeds five
thousand (5,000) square feet of gross floor area or fifty (50) feet in height;
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B. The conversion of an existing building from a residential to multi-family or non-
residential use, where the converted area would exceed two thousand (2,000) square
feet of gross floor area or result in the addition of more than one dwelling unit;
C. The change of an existing non-residential building from one type of use to another type
of non-residential use when the activities would alter existing traffic patterns, would
involve the sale of goods not normally associated with the previous use, or would
employ new materials and/or processes;
D. The expansion of an existing non-residential building, structure, or use which increases
the gross floor area, seating capacity, or outdoor storage area by more than one
thousand (1,000) square feet or 25% (whichever is lesser);
E. Any use which involves the establishment of a new parking area exceeding (2,000)
square feet or the expansion of a parking area of more than one thousand (1,000)
square feet in area; and
F. Commercial Wind Energy Conversion Systems and Medium- and Large-Scale
Ground-Mounted Solar Energy Systems.
6.1.2.3 No person, firm, corporation or other legal entity may sell, lease, develop, occupy, or
convey for consideration, any building or structure which is subject to review under
this section and which has not been approved in accordance with this ordinance
6.1.3 Procedures for reviewing, recording and hearing development applications shall be in
accordance with the provisions of this Ordinance and, if the development is a subdivision,
with 30-A, MRSA, Section 4403, as amended.
6.2 Procedure for Review and Approval
These procedures shall apply to all applications for Development approval:
6.2.1 Voluntary Pre-Application Meeting
6.2.1.1 Applicants are encouraged to submit to the Board a sketch plan of the proposed
development for informal discussion. The pre-application meeting shall not cause the
plan to be a pending application or result in the applicant acquiring vested rights.
6.2.1.2 The purpose of the pre-application meeting is to allow the applicant to discuss the
application process and requirements with the Board. Topics which should be
addressed during this meeting include, but shall not be limited to:
a) The proposed use(s) of the land or buildings to be developed, including whether the
property is subject to review as a subdivision under 30-A, M.R.S.A., sec. 4401 et
seq.
b) Whether the application is for a non-conventional subdivision or specialized
commercial use subject to additional requirements under section 6.8;
c) Any required submission items for which the applicant will be requesting waivers;
d) Additional submission items which may be required, such as high intensity soil
survey, traffic study, or other specialized studies; and
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e) Requirements for additional state, federal, or local permits.
6.2.1.3 Should the applicant be in apparent violation of the provisions of a previously
approved development plan within the Town of Monmouth, the board shall inform
him/her that no additional applications shall be considered for approval until the
violation is resolved.
6.2.2 Application and Review Procedure
6.2.2.1 In order for an application and plan to be considered by the Planning Board at its
regular monthly meeting, nine (9) copies of the application, including all elements
required under section 6.4, below, must be submitted to the Town Office by the
deadline set by the Board of Selectmen, together with the required application and
technical review fees. The Planning Board may choose to accept an electronic
submission in lieu of some of the required copies.
6.2.2.2 Upon receipt of the application materials, the town office shall issue the applicant a
dated receipt, and shall inform the Chairman of the Planning Board and the Code
Enforcement Officer that an application has been received.
6.2.2.3 The application shall be placed on the next Planning Board agenda for a review for
completeness.
6.2.2.4 After consideration of the application submitted for review, the Planning Board shall
notify the applicant in writing either that the application is complete, or if it is
incomplete, the specific additional material needed to make a complete plan and
application.
6.2.2.5 Upon making a determination that an application is complete, the Planning Board
shall . . .
a) schedule an on-site inspection of the property, which will be jointly attended by the
applicant or a duly authorized representative and by at least two members of the
Planning Board;
b) determine whether to hold a public hearing on the application;
c) within seven (7) days of its determination, notify by certified mail all owners of
property located within five hundred (500) feet of the subject property, and provide
notice to the Superintendant of Schools, Director of Public Works, Fire Chief and
Police Chief; if the development will be using the public water system, the
Monmouth Water Association; if the development will be using the public sewerage
facilities, the Monmouth Sanitary District. The notice will include a brief
description of the property and proposed activity, and the time and place of any
public hearing to be held;
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d) if the subject property is located within five hundred (500) feet of the boundary of a
neighboring town, notify the respective town clerk. If the subject property crosses
the town boundary, the Board shall offer joint consideration of the application with
the neighboring town.
6.2.2.6 If the Board decides to hold a public hearing, it shall hold the hearing within forty
(40) days of its determination of the complete application. The Town shall publish
notice of the date, time, and place of the hearing at least two (2) times in a newspaper
of general circulation within Monmouth, the date of the first publication to be at least
seven (7) days prior to the hearing.
6.2.2.8 The Board shall make written findings of fact and conclusions on whether the
application complies with the criteria for approval, as expressed in section 6.3, below.
Based on its findings with regard to meeting the criteria, the Board will approve,
approve with conditions, or deny the application,
The Board shall act on the application within forty (40) days of the public hearing, or
within sixty (60) days of determination of a complete application if no hearing is
held, or within such other time limit as may be mutually agreed to by the Board and
the applicant.
6.2.2.9 Conditions of approval may include a requirement that the applicant provide specific
additional information for review and consideration by the Board, including but not
limited to: required state and federal permits, final plans, cost estimates and
performance guarantees for public improvements, and offers of conveyance for any
land, easements, or improvements.
If the Board requires additional information, final approval shall be considered
pending until the Board is satisfied that the information is provided. Information
required must be submitted within twelve (12) months of the date of conditional
approval. The Board shall not sign the plan, and the applicant shall not commence
works or offer to convey lots within a subdivision until final approval is granted.
6.2.2.10 Final approval of the application shall be attested on two (2) Mylar’s and on two (2)
copies of the plan by the signatures of a majority of the members of the Board.
6.2.2.11 Any subdivision plan not recorded in the Kennebec County Registry of Deeds within
thirty (30) days of the date the plan is approved and signed by the Board shall become
null and void. All dedications of easement, development rights, or other legal
documents required to be recorded, must be recorded prior to the conveyance, leasing
or occupation of any lot.
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6.2.3 Appeals
Any party aggrieved by a decision of the planning board may appeal the decision to
Kennebec County Superior Court. Such appeal must be filed within thirty (30) days of the
written notice of the planning board’s decision.
6.2.4 Revisions and Amendments to Approved Plans
6.2.4.1 Except as provided in section 6.2.4.3.1 below, an applicant for a revision to a
previously approved plan shall request to be placed on the Boards agenda at least ten
(10) working days prior to a scheduled meeting of the Planning Board.
6.2.4.2 If the revision involves the creation of additional subdivision lots or additional
building area to be occupied, the procedures for application approval specified in
sections 6.2.1 and 6.2.2, above, shall be followed.
The applicant shall not be required to submit application materials beyond those
which are necessary to consider the new lots or building area being created. The
applicant should present a list of proposed submissions for review and discussion at
the pre-application meeting.
The Planning Boards scope of review shall be limited to those portions of the plan
which are proposed to be changed. This shall not be construed to limit the board’s
authority to consider overall site impacts of the changes.
6.2.4.3 If the revision involves only modifications of the approved plan, without the creation
of additional lots or building area, the following procedures shall be followed:
6.2.4.3.1 If a proposed change is related to construction of improvements and is the result
of conditions in the field, such as the moving of a building envelope, or the
relocation of infrastructure, the Code Enforcement Officer is authorized to
approve such changes. The Code Enforcement Officer, upon approval, shall
provide written notice of his/her actions to the Board and attach a record of
his/her action to the approved plan.
6.2.4.3.2 If the proposed change will require a change to an existing recorded plan, the
Board shall within thirty (30) days of its first meeting to review the change,
approve or deny the application for change. Upon approval, the Board shall
sign a new final plan, as provided in section 6.2.2.10, above.
Except as provided in section 6.2.3.3.1, above, a revised plan shall indicate that
it is a revision to a previously approved and recorded plan and shall show the
assigned registry reference by which the original plan is recorded at the
Kennebec County Registry of Deeds.
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6.3 Review Criteria
Based on its findings of fact, the reviewing authority shall approve a plan which shows that
it will meet all of the criteria listed in this section. It shall approve a plan with conditions
whenever it finds that the imposition of conditions will be sufficient to meet the criteria. It
shall deny a plan which does not show that it will meet the criteria.
The applicant has the burden of presenting credible evidence that his or her application
should be approved. Failure to provide sufficient evidence of compliance with the criteria
shall be grounds for denial.
6.3.1 A plan which is classified as a subdivision, in accordance with section 6.1.1, above, shall
demonstrate compliance with all of the criteria listed below.
A. Local planning: The proposed development is in conformance with all duly adopted
Town of Monmouth ordinances and regulations and the Comprehensive Plan.
B. Water and air pollution: The proposed development will not result in undue water or air
pollution on- or off-site. In making this determination the Board shall at least consider:
the elevation of land above sea level and its relation to the flood plains; the nature of soils
and their ability to adequately support waste disposal; the slope of the land and its effect
on effluents; the availability of streams for disposal of effluents; and the applicable state
and local health and water resource rules and regulations.
C. Water availability: The proposed development has sufficient quantity and quality of
water available for the reasonably foreseeable needs of the project including, but not
limited to, potable water and fire control water.
D. Water supply: The proposed development will not cause an unreasonable burden on an
existing water supply, including private ground water or the Monmouth Water
Association, whichever is to be utilized. This shall be interpreted to mean that the
subdivider will be responsible for all costs of engineering and installation of public
improvements necessary for extension of public water supply.
E. Ground water: The proposed development will not, alone or in conjunction with
existing activities, adversely affect the quality or quantity of ground water, both on and
off site.
F. Surface water: Whenever situated, in whole or in part, within the direct watershed of a
pond or lake or within a shoreland zone, the proposed development will not adversely
affect the quality of that body of water or unreasonably affect the shoreline of that body
of water.
G. Freshwater wetlands: The plans for the proposed development have identified all
freshwater wetlands, regardless of size, within the area to be subdivided or developed.
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H. Rivers, streams and brooks: The plans for the proposed development have identified
any river, steam or brook within or abutting it.
I. Flood plains: If the proposed development, or any part of it, is in a flood-prone area,
based on the FEMA Flood Insurance Rate Maps for the Town of Monmouth, the plans
for the proposed development provide that any principal structures will be constructed
with their lowest floor, including the basement, at least one foot above the 100 year flood
elevation.
J. Soil erosion: The proposed development will not cause unreasonable soil erosion or
reduction in the capacity of the land to hold water so that a dangerous or unhealthy
condition results, wither on or off the site.
K. Storm water: The proposed development will provide for adequate storm water
management.
L. Traffic conditions: The proposed development will not cause unreasonable highway or
public road congestion or unsafe conditions with respect to use of the highways or public
roads existing or proposed. This shall be interpreted to mean that the applicant will be
responsible for all costs of engineering and installation of public improvements necessary
for satisfactory access to and functioning of the public road system.
M. Sewage waste disposal: The proposed development will provide for adequate sewage
waste disposal and will not cause an unreasonable burden on the Monmouth Sanitary
Treatment System if it is utilized. This shall be interpreted to mean that the applicant will
be responsible for all costs of engineering and installation of public improvements
necessary for connection to the sanitary treatment system.
N. Solid waste disposal: The proposed development has made adequate provision for solid
waste disposal and will not cause an unreasonable burden on the ability of the town to
dispose of solid waste if town services are to be utilized.
O. Aesthetic, cultural and natural values: The proposed development will not have an
undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites,
significant wildlife habitat, or rare and irreplaceable natural areas or any public right for
physical or visual access to the shoreline.
P. Financial and technical capacity: The applicant has adequate financial and technical
capacity to meet these standards, including the maintenance of common areas and
facilities (including but not limited to water and sewer utilities and roads), until such
maintenance is adequately provided by a management entity, acceptance by the Town, or
other mechanism acceptable to the Planning Board.
Q. Lot Design: If any lots within the subdivision will have frontage on any river, stream,
brook, or great pond, none of the lots will have a ratio of lot depth to shore frontage in
excess of 5 to 1.
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R. Phosphorous Management: The long-term cumulative effects of the proposed
development will not unreasonably increase the concentration of phosphorous within a
great pond over the life of the proposed development.
S. Impact on Adjoining Municipality: If a proposed development crosses town
boundaries, it will not cause unreasonable traffic congestion or unsafe conditions with
respect to the use of existing public ways in the adjoining municipality.
6.3.2 A plan, which is classified as a non-residential development, in accordance with Section
6.1.2, above, shall demonstrate compliance with all of the criteria listed in Section 6.3.1.,
above, with the exception of Q. “Lot Design.” In addition, a non-residential development
shall demonstrate compliance with all of the criteria listed below.
A. Exterior Fixtures: The plan will show that exterior fixtures such as signs, lighting, and
fencing, will not have an adverse impact on public access to the property, and will not
constitute hazards to vehicles and pedestrians, or nuisances to abutting properties.
B. Vegetation and Landscape: The proposed development will provide for the retention of
contours and vegetation in their natural state insofar as practicable, by minimizing tree and
soil removal and grade changes, and for the restoration of landscape through grading and
re-vegetation of disturbed areas, and planting of buffers.
C. Transportation Impacts: The proposed development will accommodate the anticipated
level of usage without undue adverse impact on public highways, through the provision of
safe and adequate access, internal circulation, and parking for all forms of transportation.
This shall be interpreted to mean that the applicant will be responsible for all costs of
engineering and installation of public improvements necessary for satisfactory access to the
property.
6.4 Submission Requirements
In order to be judged complete, an application shall consist of a written application on a
form designated for the purpose, a development plan that meets the requirements of the
following paragraphs, and all fees, attachments, or additional information required under
this ordinance.
The required submissions for an application are intended to be appropriate for the type, size
and complexity of the proposed development. The requirements of section 6.4.1, below,
apply to all applications. The requirements of section 6.4.2, below, apply to only larger
applications. The requirements of section 6.4.3, below, apply only to special cases and
circumstances. Application requirements may be waived at the discretion of the Planning
Board under the provisions of section 6.4.4, below.
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6.4.1 Required of all Applications
6.4.1.1 An Application for Development Approval, available from the Town of Monmouth.
6.4.1.2 A check or other form of payment in the amount of the Application Fee, as
provided in section 2.4 of this ordinance.
6.4.1.3 A check or other form of payment for the Technical Review Fee, as provided in
section 2.4.4 of this ordinance.
6.4.1.4 A subdivision or site plan, consisting of two (2) copies on sheets not larger than 24"
x 36" each, and additional copies identical in detail but reduced to 11” x 17”. The
scale of the plan shall be adequate to allow all text and graphics to be legible on the
24” x 36” form.
For final approval and signing, the two 24” x 36” copies must be on a stable,
reproducible film and contain the seal and signature of the registered engineer or
surveyor responsible for preparation of the plan. The final plan shall also be made
available electronically, in the Board’s choice of AutoCAD, PDF, or GIS format.
If the review is intended to be preliminary, copies may be paper-based and shall
bear the title “PRELIMINARY” prominently displayed.
The subdivision or site plan shall include the following information:
a. Name of the development, the name of the town(s) in which it is located, the
property tax map and lot numbers, name and address of the applicant, and the name
and registration number of the preparer.
b. A location map, drawn at no smaller scale than 500 feet to the inch, showing the
relationship of the proposed site or subdivision to all land within 1,000 feet of all
boundaries of the site and public access to the site.
c. If a new parcel or parcels are to be created, parcel boundaries to be shown based on a
perimeter survey of the parcel, along with internal lot lines, made d by a professional
land surveyor licensed in Maine and completed to the standards of the Board of
Licensure, relating to reference points, and showing magnetic and true north, graphic
scale, corners of the parcel, date of survey and total acreage.
d. If a subdivision, a listing or depiction of the lots or units to be created, together with
dimensions and areas, and proposed street names in conformance with the Town of
Monmouth Addressing Ordinance.
e. Location and description of all existing and proposed permanent markers, as well as
location of temporary markers placed to enable the Planning board to locate the
parcel or lots and appraise the layout of the proposed project in the field.
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f. The location and dimensions of all existing and proposed buildings, structures and
additions.
g. A depiction within each lot of a building envelope, illustrating required setback and
buffer areas, and proposed clearing limits.
h. The location and design of any existing or proposed sewage disposal, water supply,
storm drainage and trash disposal facilities and other utilities such as gas and
electricity, both above ground and buried.
i. Unless the development consists of building conversion or construction within an
existing building footprint, show significant existing natural features including
surface water, swales and other drainage ways, floodplain boundaries, wetlands,
steep slopes (over 20 percent), rock outcrops, forested and open areas, and any
essential or unique physical features, including but not limited to those shown on
maps in the current Comprehensive Plan.
j. Any fish, aquatic life, bird, or other wildlife habitat, including vernal pools, located
on or adjacent to the property and identified by the Maine Department of Inland
Fisheries and Wildlife, or on maps in the current Comprehensive Plan.
k. Any archaeological, historical, or visual resources, including but not limited to those
described in the current Comprehensive Plan.
l. The location, names, and dimensions of existing streets, sidewalks, rights-of-way,
easements, utility lines, and other built features on and abutting the project.
m. Unless the development consists of building conversion or construction within an
existing building footprint, show existing contours and proposed finished grade
elevations of the entire site shown at a contour interval of two feet (2'), unless
otherwise specified by the Board.
n. The location of any shoreland zoning district boundaries affecting the property.
o. If a non-residential development, show all proposed property improvements,
including driveways and parking, lighting, signs, fences and buffers, outdoor
machinery, waste disposal facilities, and similar fixtures.
p. Five (5) lines for signatures of the Town of Monmouth Planning Board members and
one (1) line for the date of approval.
q. Identify farm land p2009 chapter 356
6.4.1.5 Attached and appended narrative documentation, in electronic or printed form,
including the following:
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a. A copy of the most recent registered deed of ownership of the property, and if the
applicant is not the owner of the property, additional evidence of the applicant=s
right, title or interest in the property.
b. A listing of the names, addresses and map and lot numbers of owners of all
properties within five hundred (500) feet of the subject property as shown in the
property tax records of the Town as of the date of the application.
c. If new parcel(s) are to be created, a copy of the original perimeter survey.
d. A soils report, containing:
1 An on-site soils investigation prepared by a Maine Certified Soil Scientist,
Maine Registered Professional Engineer, or Maine State Certified Geologist,
indicating types of soil and location of test sites with measured distances from
an identifiable boundary, and proposed location and design of subsurface
sewerage disposal systems if these are to be used.
2 A copy of that portion of the Kennebec County Soil Survey covering the
proposed project.
3 When the soil survey shows soils which have low or very low potential for
residential development under the rating system of the SCS publication Soil
Survey Data for Growth Management in Kennebec County, Maine, December
1989, and wastewater will not be disposed of through the Monmouth Sanitary
Treatment System, the applicant shall prepare a high intensity soil survey and
report. Soils shall be identified in accordance with the National Cooperative
Soil Survey. The report shall include a map identifying soil types down to 1/8
acre or less at a scale equivalent to the plan submitted, and shall show the
location of all test pits, accompanied by a log of each sample point identifying
textural classification and depth to seasonal high water table or bedrock at that
point. Single soil test pits and their evaluation for subsurface waste disposal
shall not constitute a high intensity soil survey.
e. Indication of the type of sewage to be used:
1. When sewage disposal is to be accomplished by connection to the public sewer,
a written statement from the Monmouth Sanitary District shall be provided
stating that the district has the capacity to collect and treat the wastewater and
that proposed improvements have been suitably designed; or
2. When sewage disposal is to be by subsurface wastewater disposal systems, test
pit analyses, prepared by a Licensed Site Evaluator, shall be provided. A map
showing the location of all test pits dug on the site shall be submitted, with
measured distances from an identifiable boundary and from existing wells and
waste disposal systems on adjacent properties within 300 feet.
3. If a non-residential development, a description of the type and quantity of waste
to be produced, identification of potentially toxic wastes, and a description of
proposed pre-treatment systems, if warranted.
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f. Indication of the type of water supply to be used:
1. When water is to be supplied by public water system, a written statement from
the Monmouth Water Association shall be provided, indicating there is adequate
supply and pressure for the development and that proposed improvements have
been suitably designed. Where the MWA=s supply main is to be extended, a
written statement from the Fire Chief, approving the location of fire protection
facilities, if any; or
2. When water is to be supplied by private wells, evidence of adequate ground
water supply and quality shall be submitted by a well driller or a hydro-
geologist familiar with the area.
g. Unless the development consists of building conversion or construction within an
existing building footprint, a soil erosion and sedimentation control plan that includes
temporary and permanent soil retention measures and a schedule showing when
erosion controls will be installed in relation to construction activities. The erosion
control plan shall include a site plan locating erosion controls for the contractor
and/or builder.
h. A storm water management plan that uses methods of calculating runoff appropriate
to the size and nature of the proposed project and the area in which it is located, and
which addresses specific numerical standards applicable to the watershed in which it
is located. When located within the jurisdiction of the Cobbossee Watershed District,
comments from the Cobbossee Watershed District or any other qualified agency or
engineer designated by the town shall be provided prior to final approval.
Copies of any proposed restrictive covenants, easements, leaseholder or homeowner association
agreements and corporate papers, contracts, deeds to commonly held lands, deeds and covenants to
the Town of Monmouth, or to the State of Maine or to any other public body or to any private
organization or corporation; and any other documents, existing or proposed, which may affect the
land or determine or affect the uses of land in the development.
6.4.2 Additional Required Submissions
Further submissions are required for the following forms of development:
I. A non-residential development that exceeds ten thousand (10,000) square feet of
gross floor area;
II. Any development which proposes the construction of a street, regardless of whether
it is to be dedicated to the Town, or extension of public water or sewer lines;
III. Any subdivision containing ten (10) or more lots;
IV. Any subdivision containing five (5) or more lots which is not proposed to be
connected to the Monmouth Sanitary Sewer System.
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6.4.2.1 On the plan or additional sheets:
i. Proposed design and location of all streets, with construction details including a
typical cross section, plan, and profile with lengths of all straight lines, the deflection
of angles, radii, length of curves, and central angles of all curves, and tangent
distances and bearings.
j. The location, dimensions and layout for all proposed curbs, sidewalks, driveway
entrances, parking areas, fences, retaining walls, outdoor lighting and similar features.
k. The location and construction details of all proposed public water lines, sewer lines,
common utility lines, including electrical, telephone, and cable.
l. The location, dimensions, and purposes of any existing or proposed rights- of -way,
easements and dedicated or common areas, whether private or public, together with a
description of how these and any other legal restrictions may affect the use of the
parcel.
6.4.2.2 Attached and appended narrative material:
a. An initial assessment of the proposed development=s impact upon Town services
and facilities, including written review comments from relevant town officials. If
the initial assessment indicates a potentially adverse impact upon a service or
facility, the Board may request additional studies or reports including but not
limited to the following:
i. Estimated impact on the sewage disposal system, including flow estimates and
assessment of capacity;
ii. Estimated impact on the public water system, including flow estimates, capacity
and assessment of existing or potential water pressure;
iii. Estimated impact on the school system;
iv. Estimated impact on public safety providers;
v. Estimated impact on the public works department, including solid waste disposal;
vi. Estimated impact on existing storm water management systems, including flow and
water quality; and
vii. Estimated impact on existing recreation facilities and provisions or methods to meet
proposed needs.
b. A road use evaluation that includes the expected volume and type of traffic
resulting from the proposed subdivision and site distance analyses at each entrance/
exit to the development and at each internal intersection. Trip generation rates used
shall be taken from Trip Generation Manual, 1991 edition or subsequent revisions,
published by the Institute of Transportation Engineers.
c. A cost estimate and proposed performance guarantee sufficient to secure
completion of all improvements proposed to be constructed.
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d. Prior to final approval by the Board, the applicant shall present written evidence
that the Board of Selectpersons is satisfied with the legal sufficiency of any
documents conveying any public land dedication or easement.
e. If a subdivision will contain twenty (20) or more lots which will not be connected to
the Monmouth Sanitary Sewer System, a description of the phased implementation
of the subdivision, in such a way that no more than ten (10) lots are sold or
developed during any twelve month period.
6.4.3 Submission Items Related to Particular Circumstances:
6.4.3.1 A hydro geologic assessment, to be prepared and submitted by a Certified Geologist
or Registered Professional Engineer experienced in hydrogeology under the
following conditions:
i. When the property will not be served by public sewer and the proposal involves a
non-residential use which will generate more than a daily average of 500 gallons
of waste water of any type, or
ii. When any part of the subject property is located within the wellhead protection
area of a public water supply or
iii. When the subject property lies over or within 300 feet of a mapped sand and
gravel aquifer.
6.4.3.2 A traffic impact analysis report shall be prepared and submitted by a professional
engineer, when the road use evaluation (section 6.4.2.2b) indicates a traffic
generation of greater than one hundred (100) trips during the peak hour of the day.
The report must demonstrate that the street giving access to the lot and neighboring
streets which can be expected to carry traffic to and from the development have
adequate traffic carrying capacity or can be suitably improved to accommodate the
amount and types of traffic generated by the proposed use. The analysis will
demonstrate whether the development will reduce the streets Level of Service to
ADT or below according to the 1985 Highway Capacity Manual, Special Report
209, Transportation Research Board, or most current edition or subsequent
revisions.
6.4.3.3 A natural resource mitigation plan, prepared by a qualified professional in the
area(s) affected, shall be submitted, if preliminary analysis shows that the
development will impact an identified deer wintering area, an identified critical
natural area, or other critical natural resource identified by the Comprehensive Plan.
6.4.3.4 An historical resource mitigation plan, prepared by a qualified professional in the
area(s) affected, will be submitted, if preliminary analysis indicates the potential for
impact on archeological or historic resources.
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6.4.3.5 If the development will require a permit from any state or federal agency, including
but not limited to those listed below, a copy of the permit shall be submitted prior to
final approval by the Board.
a. Maine Department of Environmental Protection, under the Site Location of
Development Act or Natural Resources Protection Act, or if a Wastewater
Discharge License is needed.
b. Maine Department of Health and Human Services, if the subdivider proposes to
provide a public water supply system.
c. Maine Department of Health and Human Services, if an engineered subsurface
wastewater disposal system is proposed.
d. US Army Corps of Engineers, if a permit under Section 404 of the Clean Water
Act is required.
e. Maine Department of Transportation, if the development will require driveway
or entrance permit(s) or a Traffic Movement Permit.
6.4.3.6 The Planning Board may request additional information or studies whenever
conditions exist to suggest extraordinary impacts from the development. The Board
may request items at any time; items not requested at the time of pre-application
meeting may not be required for a determination of a completed application.
6.4.4 Waiver of Submission Requirements
6.4.4.1 Where the Board or the Code Enforcement Officer concludes that there are unique
circumstances of a particular development, it may waive portions of the submission
requirements. The Board may accept a site plan that is not prepared by a registered
engineer or surveyor if there is no structural change to existing buildings, there is no
significant site work required or the proposed project does not trigger concerns of
storm water management. Waiver of submission requirements does not relieve the
applicant of the responsibility to demonstrate that the Review Criteria and
Performance Standards of this Chapter will be met.
6.4.4.2 The applicant shall submit a list of submission requirements proposed to be waived
at the pre-application meeting. The planning board or CEO may grant any or all
requested waivers at the time of the pre-application, unless it finds that the granting
of a waiver may prejudice its review of the application on its merits.
6.4.4.3 The Board or CEO is authorized to require such conditions in the granting of a
waiver as will assure the purposes of this Ordinance are met.
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6.5 Performance Guarantees
6.5.1 Types of Guarantees
Performance guarantees are required to ensure the completion of infrastructure
improvements including but not limited to roads, sidewalks, utilities, sewerage
collection and treatment, water supply, fire protection facilities, and storm water
control.
Prior to final plan approval, the applicant shall provide one of the following
performance guarantees for an amount, determined by a professional engineer or
estimator, adequate to cover the total construction costs of all required
improvements, taking into account the time-span of the construction schedule and
the inflation rate for construction costs:
i. Either a certified check payable to the Town of Monmouth or a savings account or
certificate of deposit naming the Town as owner, for the establishment of an
escrow account;
ii. An irrevocable letter of credit from a financial institution establishing funding for
the construction of improvements, from which the Town may draw if construction
is inadequate, approved by the Board of Selectpersons, or Town Manager;
iii. An offer of conditional approval limiting the number of units built or lots sold until
all required improvements have been constructed; or
iv. Any combination of the three methods described above.
The conditions and amount of the performance guarantee shall be determined by the Board
with the advice of the Code Enforcement Officer, Public Works Director, Board of
Selectpersons, and/ or Town Attorney.
6.5.1.1 Escrow Account
A cash contribution to the establishment of an escrow account shall be made by
either a certified check made out to the Town, the direct deposit into a line account,
or the purchase of a certificate of deposit. For any account opened by the applicant,
the Town shall be named as owner or co-owner, and the consent of the Town shall
be required for a withdrawal. Any interest earned on the escrow account shall be
returned to the applicant unless the Town has found it necessary to draw on the
account, in which case the interest earned shall be proportionately divided between
the amount returned to the developer and the amount withdrawn to complete the
required improvements.
6.5.1.2 Letter of Credit
An irrevocable letter of credit from a bank or other lending institution shall indicate
that funds have been set aside for the construction of the improvements and may not
be used for any other project or loan
6.5.1.3 Conditional Agreement
In the case of a subdivision, the Board, at its discretion, may allow the applicant to
enter into a binding agreement with the Town in lieu of, or in combination with, the
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other financial performance guarantees. Such an agreement shall provide for
approval of the plan on the condition that no more than four lots may be sold or
built upon until either:
1. It is certified by the Board, or its agent, that all of the required improvements
have been installed in accordance with this Ordinance and the regulations of the
appropriate utilities; or
2. A performance guarantee, acceptable to the Town, is submitted in an amount
necessary to cover the completion of the required improvements at an amount
adjusted for inflation and prorated for the portions of the required improvements
already installed.
Notice of the agreement and any conditions shall be on the final plan which is
recorded at the Registry of Deeds. Release from the agreement shall follow the
procedures for release of the performance guarantees contained in section 6.5.3
below.
6.5.2 Contents of Guarantee
The performance guarantee shall contain a construction schedule, cost estimates for each
major phase of construction taking into account inflation, provisions for inspections of each
phase of construction, provisions for the release of part or all of the performance guarantee
to the developer, and a date after which the applicant will be in default and the Town shall
have access to the funds to finish construction.
6.5.3 Release of Guarantee
Prior to the release of any part of the performance guarantee, the Board shall determine to
its satisfaction, in part based upon the inspection report of the Code Enforcement Officer
and whatever other agencies and departments may be involved, that the proposed
improvements meet or exceed the design and construction requirements for that portion of
the improvements for which the release was requested.
6.5.4 Default
If, upon inspection, the Code Enforcement Officer finds that any of the required
improvements have not been constructed in accordance with the plans and specifications
filed as part of the application, he/she shall so report in writing to the Board of
Selectpersons, the Planning Board, and the developer or builder. The Board of
Selectpersons shall take any steps necessary to preserve the Towns rights.
6.6 Completion of Required Improvements
6.6.1 At least five (5) days prior to commencing construction of required improvements,
the developer or builder shall:
a) Notify the Code Enforcement Officer in writing of the time when he/she proposes
to commence construction of such improvements, so that the Board of
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Selectpersons can cause inspection to be made to assure that all specifications,
requirements, and conditions of approval shall be met during the construction of
required improvements, and to assure the satisfactory completion of
improvements and utilities required by the Planning Board, and
b) Deposit with the Board of Selectpersons a check for the amount of 2% of the
estimated costs of the required improvements to pay for the costs of inspection.
If, upon satisfactory completion of construction and cleanup, there are funds
remaining, the surplus shall be refunded to the developer or builder as
appropriate. If the inspection account shall be drawn down by 90%, the developer
or builder shall deposit an additional 1% of the estimated costs of the required
improvements.
6.6.2 The Board of Selectpersons shall appoint an inspecting official, who shall be
qualified to evaluate construction materials and practices to be utilized. The
inspecting official shall have no financial interest in the project to be inspected.
6.6.3 If the inspecting official finds upon inspection of the improvements that any of the
required improvements have not been constructed in accordance with the plan and
specifications filed by the developer, he/ she shall so report in writing to the Board
of Selectpersons, Planning Board and the developer and builder. The Board of
Selectpersons shall take any steps necessary to preserve the Towns rights.
6.6.4 If at any time during the construction of the required improvements, it becomes
necessary to modify the installation due to unforeseen circumstances such as
encountering hidden outcrops of bedrock, natural springs, etc., the Code
Enforcement Officer is authorized to approve minor modifications. The Code
Enforcement Officer shall approve any action under this section in writing and shall
attach a copy of the approval to the approved site plan. Revised plans shall be filed
with the Board as appropriate. For major changes, such as relocation of rights-of-
way and property boundaries or changes of grade by more than 1%, etc., the
developer shall obtain permission to revise the plans in accordance with section
6.2.3.
6.6.5 At the close of each summer construction season the Town shall, at the expense of
the developer, have the site inspected by a qualified individual. By December 1 of
each year during which construction was done on the site, the inspector shall submit
a report to the Board based on that inspection, addressing whether storm water and
erosion control measures (both temporary and permanent) are in place, are properly
installed, and appear adequate. The report shall also include a discussion and
recommendations on any problems which were encountered.
6.6.6 Prior to the sale of any land, the developer shall provide the Board with a letter
from a Registered Land Surveyor, stating that all monuments shown on the plan
have been installed.
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6.6.7 Approval of a project by the Planning Board shall not constitute acceptance by the
Town of any street, easement, open space or recreation area or other public
improvement shown on a plan. Approved plans shall contain a statement that such
areas shall remain private and be maintained by the developer or by a management
entity and shall not be maintained by the Town of Monmouth until such time as
accepted by the Town.
Prior to a vote by the Board of Selectpersons to submit a road or other
public improvement to a town meeting, a written certification signed by a
professional engineer shall be submitted to the Board of Selectpersons at the
expense of the applicant, certifying that the proposed public improvement meets or
exceeds the design and construction requirements of this Ordinance. If there are
any underground utilities, the servicing utility shall certify in writing that they have
been installed in a manner acceptable to the utility. AAs built@ plans shall be
submitted to the Board of Selectpersons.
6.6.8 The developer shall be required to maintain all improvements and provide for snow
removal on streets, parking areas, and sidewalks within the development until
control is placed with an approved management entity or the Town.
6.7 General Development Standards
The development standards in this section are intended to ensure that new development
meets the review criteria expressed in section 6.3 of this Ordinance. Compliance with
development standards is prima facie evidence of meeting the criteria. However,
applicants for development review may propose alternative approaches that will satisfy the
criteria equally as well or better than the ordinance standards. In all instances, the burden
of proof shall be on the applicant to demonstrate that criteria have been met.
6.7.1 Lot Design
6.7.1.1 All lots proposed for development shall meet the dimensional standards of section
3.1 of this ordinance, unless they are legally non-conforming lots created prior to
the effective date of this ordinance. A building envelope shall be shown on the
development plan to depict building setback, clearing limits and other areas of
development limitation.
6.7.1.2 All lots created within a subdivision shall contain the minimum required street
frontage along existing public roads or along a road meeting the standards of the
Monmouth Streets and Ways Ordinance, unless otherwise specified in this
ordinance.
6.7.1.2.1 A lot existing as of the effective date of this ordinance that has no street frontage
may be divided into no more three (3) lots, provided that each lot shall have the
minimum required frontage on a right-of-way at least thirty (30) feet in width, with
a travel way a minimum of eighteen (18) feet in width, surfaced with at least twelve
Page 37
(12) inches of base gravel. Lots so created shall meet all other dimensional
requirements of this ordinance.
6.7.1.3 No lot in any development shall have a ratio of lot depth to shore frontage of greater
than 5:1. No lot in any development shall have a ratio of lot depth to street frontage
of greater than 5:1, unless the plan shows a strip of land within the lot a minimum
of fifty (50) feet wide labeled with the phrase “reserved for future right-of-way, not
to be built upon.” The street frontage shall exceed two hundred fifty (250) feet and
the building envelope shall be shown with a road setback on the side facing the
future right-of-way.
6.7.1.4 On a cul-de-sac or street with a radius at the right-of-way line of less than two
hundred fifty (250) feet, the frontage may be measured at a distance equal to the
required front setback for the lot.
6.7.2 Erosion and Sedimentation Control
6.7.2.1 Soil erosion and sedimentation of watercourses and water bodies must be
minimized by an active program meeting the requirements of Maine Erosion and
Sediment Control BMPs, published by DEP (March, 2003 or as revised).
6.7.2.2 The plan for erosion control submitted with a development application shall
illustrate the timing and installation of measures for control of runoff during
construction, as well as permanent vegetative and structural measures.
6.7.2.3 Erosion and sedimentation control measures shall apply to all aspect of the
proposed development involving land disturbance, and shall be in place during all
stages of the activity. The amount of exposed soil at every phased of the
construction shall be minimized to reduce erosion potential.
6.7.3 Stormwater Control and Phosphorous Management Adequate provision must be made for
the collection and dispersal of all stormwater that runs off proposed streets, parking areas,
roofs, and other surfaces, through a Stormwater Management Plan.
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6.7.3.1 Stormwater runoff systems must be designed to detain or retain water such that the
rate of flow from the site after development does not exceed the predevelopment
rate. The applicant must demonstrate that on- and off-site downstream channel or
system capacity is sufficient to carry the flow without adverse effects, including but
not limited to, flooding and erosion of shoreland areas, or that he/she will be
responsible for whatever improvements are needed to provide the required increase
in capacity and/or mitigation.
6.7.3.2 To the extent possible, the plan must retain stormwater on the site using the natural
features of the site and must not have adverse impacts on abutting or downstream
properties.
6.7.3.3 The level of phosphorous in runoff expected to be generated shall be estimated and
controlled as described in the manual Stormwater Management for Maine, Vol. II –
Phosphorus Control in Lake Watersheds (Maine DEP, 2008), with the exception of
chapter 6, or as revised. The quantity of phosphorous leaving any site shall not
exceed the permitted allocation for the Watershed District in which the property is
located. When located within its jurisdiction, comments from the Cobbossee
Watershed District or any other qualified agency or engineer designated by the
town shall be provided prior to final approval.
6.7.3.4 The Planning Board may require additional off-site mitigation of phosphorous.
6.7.3.5 Any project which requires a Stormwater Management Permit from the Maine
Department of Environmental Protection must submit a copy of the approved
permit prior to final approval.
6.7.3.6 For projects which do not require a DEP Stormwater Management Permit, the use
of Low Impact Development techniques, consistent with the publication
Stormwater Management for Maine, (MAINE DEP 2008 or as revised) is highly
encouraged.
6.7.3.7 For projects involving structural treatments, a Stormwater Maintenance Agreement
must be submitted at the time of application. The SMA must indicate how
stormwater facilities will be maintained through the course of their projected life.
6.7.4 Preservation of Critical Natural and Cultural Resources
6.7.4.1 Habitat Preservation:
6.7.4.1.1 Any development shall be planned, sited, and constructed so as to avoid impact
on critical wildlife habitat or Critical Natural Areas as identified in the
Monmouth Comprehensive Plan, including the habitat of endangered or
threatened species.
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6.7.4.1.2 Any application for development within a Deer Wintering Area, as identified in
the Monmouth Comprehensive Plan, shall be offered for review by the Maine
Department of Inland Fisheries and Wildlife prior to approval by the Town.
Any comments on the application from IFW shall be submitted to the Planning
Board.
6.7.4.1.3 If any portion of the site has been identified and field-verified as a significant
vernal pool, that area shall be located outside of any proposed building envelope
or area to be cleared or filled.
6.7.4.2 Visual Resources:
6.7.4.2.1 A development shall be planned, sited, and constructed in a manner that
minimizes negative impacts upon scenic views and prominent landmarks
identified in the Monmouth Comprehensive Plan. Measures to minimize visual
impacts may include enhanced setbacks, height limitations, or limitations on
construction materials.
6.7.4.2.2 When a proposed development encompasses a hilltop or ridgetop area, the plan
shall specify a limitation on tree removal and building placement within twenty
(20) feet vertical distance of the ridgeline.
6.7.4.3 Archeological and Historic Features
6.7.4.3.1 Within any area identified by the Monmouth Comprehensive Plan or competent
historic survey as having a potential for archeological resources, an assessment
shall be performed to determine the existence and significance of those
resources. The assessment shall be performed by a qualified professional and
shall be submitted for review and comment to the Maine Historic Preservation
Commission. If significant resources are identified in the course of this
assessment, the development will be designed and constructed to minimize
impacts on these resources.
6.7.4.3.2 Any development proposed on or within five hundred (500) feet of sites listed
on the National Register of Historic Places shall be submitted for review and
comment to the Maine Historic Preservation Commission prior to consideration
by the Board. Development, including renovations, within these areas may be
subject to limitations to preserve historical integrity, including but not limited to
construction materials and architectural treatments.
6.7.5 Air Quality
6.7.5.1 No emission of dust, dirt, fly ash, smoke or other particulate matter, gasses or
chemicals shall be allowed which can cause damage to human or animal health,
vegetation, or property by reason of concentration or toxicity, which can cause
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soiling beyond the property boundaries, or which fail to meet or cannot meet the
standards set by the Maine Department of Environmental Protection.
6.7.5.2 No development shall emit offensive or harmful odorous air contaminants
perceptible beyond the property boundaries, either at ground or habitable elevation
6.7.6 Water Quality
6.7.6.1 No development 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 may run off, seep,
percolate, or wash into surface or groundwater so as to contaminate, pollute, or
harm such waters or cause nuisances, in the form of debris, oil or scum, color, odor,
taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.
6.7.6.2 No discharge of contaminants into the environment shall increase any contaminant
concentration in groundwater to exceed the Primary Drinking Water Standards
established by the State of Maine.
6.7.6.3 No extraction of groundwater, whether for commercial purposes or through density
of development, shall result in a noticeable decrease in the level of the water table
upon neighboring properties.
6.7.6.4 Where required under section 6.4.3.1 of this Ordinance, an assessment of
groundwater hydrology shall contain data on existing groundwater quantity, quality,
and directional flows, the location and size of any wells, disposal fields, extraction
or injection facilities proposed, and an analysis of the effects of the proposed
facilities both within the development and at the limits of groundwater impacts.
6.7.6.5 In a situation where installation of individual wells is proposed over active or
recently active farmland, the Planning Board may require an analysis of existing
and proposed levels of nitrate loading in the groundwater. The analysis must show
that the concentration of nitrates in groundwater under drought conditions will not
exceed the Primary Drinking Water Standards of the State of Maine at any point of
extraction existing or proposed.
6.7.6.6 Any development which proposes to use or store petroleum products, toxic or
hazardous chemicals, or liquid waste or byproducts shall provide a spill prevention
and management plan, prepared by a registered professional engineer, at the time of
application. The plan shall show the location and dimensions of all storage and
containment facilities and an analysis of response measures to be in place. The spill
prevention and management plan shall also be submitted for review and comment
to the Monmouth Director of Civil Emergency Preparedness.
6.7.6.7 All wells, disposal systems, and other structures shown on the hydrogeological
assessment or site plan shall be installed as shown at the time of installation, unless
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evidence is provided to the Planning Board that the alternative will provide better
water quality protection.
6.7.7 Floodplain Development
In areas delineated as being within the 100 year floodplain as shown on the Flood
Insurance Rate Maps for the Town of Monmouth, all development, including modifications
to existing structures shall conform to the requirements of the Monmouth Flood Plain
Management Ordinance.
6.7.8 Public Safety
6.7.8.1 For proposed commercial buildings it is recommended a key box security system be
installed. A key box may be required in some cases.
6.7.8.2 The applicant must submit evidence that proposed fire protection measures are
adequate, in the form of a written statement from the Monmouth Fire Chief that the
proposed development will not exceed the capacity of the town fire department to
provide adequate protection. Any development that will utilize water from the
Monmouth Water Association shall provide standard hydrants at intervals specified
by the fire chief. The fire chief may recommend additional protective
improvements, including but not limited to cisterns, fire ponds, dry hydrants, fire
lanes, separation of flammable wastes, or sprinkler systems. Commercial
development requires state fire marshal review and approval.
6.7.8.3 Any security systems proposed for the development must be designed consistent
with the capacity and practices of the law enforcement agency with primary
jurisdiction in Monmouth. The applicant shall provide a written statement from the
chief of that agency approving any proposed security measures.
6.7.9 Homeowners Associations
6.7.9.1 A Homeowners Association shall be created whenever there is common ownership
of property, including but not limited to, streets, open space, or common areas. The
plan for a Homeowners Association shall be provided prior to final approval and
shall contain, at a minimum, the following elements:
i. Covenants for mandatory membership in the association, setting forth the
owners' rights, interests, and privileges in the association and the common
property and facilities, to be included in the deed for each lot or dwelling.
ii. Articles of incorporation of the association as a not-for-profit corporation;
iii. Draft by-laws of the association specifying the responsibilities, authority, and
operating procedures of the association and providing for proper capitalization
of the association.
a.
A process whereby the association will levy annual charges against all owners of
lots or dwelling units to meet expenses connected with the maintenance, repair and
replacement of common property and facilities and tax assessments.
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iv. The association shall have the power to place a lien on the property of members
who fail to pay dues or assessments.
6.7.9.2 The developer shall maintain control of common property, and be responsible for its
maintenance until development sufficient to support the association has taken place.
The timing and process for the transfer of control of common property to the
association shall be stated in the bylaws.
6.7.10 Solid and Sanitary Waste Storage and Disposal
6.7.10.1 Unless the development consists of single-family homes on individual lots, the
developer shall be responsible for provision and maintenance of a solid waste
disposal system.
6.7.10.1.1 All solid waste must be disposed of at a licensed disposal facility having
adequate capacity to accept the project’s wastes.
6.7.10.1.2 The applicant shall provide a schedule for regular collection and a written
statement from the manager of the facility at which waste will be disposed,
approving the quantity and type of waste expected to be received.
6.7.10.1.3 All trash containers shall be placed on an impervious surface and fully
screened from view of neighboring properties by a masonry or wooden screen
a minimum of six (6) feet in height, with a finished side facing away from the
container area. Provision shall be made to minimize loose and blowing trash.
6.7.10.2 All development on parcels located within two hundred (200) feet horizontal
distance of sewer lines managed by the Monmouth Sanitary District, as measured
from the corner of the parcel nearest an existing line, shall be required to connect to
the public sewer system. Development on parcels not within 200 feet of the
existing sewer lines shall not be prohibited from connecting. In all case, the
Monmouth Sanitary District shall provide a written statement that the District has
the capacity to serve the proposed use, and approving the design of the proposed
improvements.
6.7.10.3 Development requiring sanitary waste disposal which will not be connected to the
public sewer system shall demonstrate adequate soil capacity for subsurface
wastewater disposal facilities. For each individual system proposed, a test pit
within the proposed location of the system on the lot shall be shown. For all
systems which are designed to serve two (2) or more lots or buildings, ownership
and maintenance of the system shall be the responsibility of a homeowners
association or, in the case of commercial development, the management entity for
the development.
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6.7.11 Handling and Storage of Toxic or Hazardous Materials
6.7.11.1 All materials must be stored in a manner and location, which is in compliance with
appropriate rules and regulations of the Maine Department of Public Safety and
other appropriate federal, state, and local regulations.
6.7.11.2 No flammable or explosive liquids, solids or gases shall be stored in commercial
quantities above ground unless they are located at least seventy-five (75) feet from
any lot line, or forty (40) feet in the case of underground storage.
6.7.11.3 Any facility for the use or storage of toxic or hazardous chemicals or other liquids
shall be designed and constructed with sealed concrete floors with dikes or
comparable containment facilities, adequate to contain the largest quantity of stored
liquid on site below the level of any drains or other openings.
6.7.11.4 The handling, storage, and use of all materials identified by the standards of a
federal or state agency as hazardous, special or radioactive must be done in
accordance with the standards of these agencies. The applicant shall identify any
wastes proposed to be generated of these types and provide evidence that they will
be disposed of in accordance with said standards.
6.7.11.5 A Spill Prevention and Response Plan prepared by a qualified professional and
reviewed by the Monmouth Director of Civil Emergency Preparedness shall be
provided to the Board at the time of application.
6.7.12 Street Improvements
6.7.12.1 Street access shall be provided to all new lots created within the development,
except as provided in section 6.7.1.2.1 of this ordinance. All streets shall be
designed and constructed in accordance with the Road Design and Construction
Standards Ordinance for the Town of Monmouth, except as provided below.
6.7.12.1.1 The Board may approve the deferral of the requirement for paving until the
street has been accepted by the Town. The performance guarantee required for
street construction shall identify a portion to be reserved for paving, which
portion is refundable to the developer if the Town chooses not to accept the
street. If the Town has adopted a policy that new streets outside of specified
areas will not be accepted by the Town, the Board may waive the requirement
for paving altogether.
6.7.12.1.2 If a proposed street is intended to join with or extend an existing town way
served by the public sewer, the Board may waive construction standards of the
proposed street to a level consistent with the existing town way.
6.7.12.2 Sidewalks shall be provided along a street wherever a parcel to be developed abuts
property with existing street-side sidewalks. Sidewalks shall be provided between
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common parking areas and buildings within commercial and multi-family
developments. Sidewalks shall be constructed of Bituminous or Portland Cement
Concrete to a minimum width of four (4) feet, and placed upon a suitable gravel
base.
6.7.13 Access to the Development
6.7.13.1 All developments shall be designed to minimize the number of access points
onto public roads in order to preserve safety and carrying capacity of those
roads. Except where a parcel is located within the service area of the public
sewer system, nol proposed development shall be permitted more than one (1)
access point for every four hundred (400) feet of frontage on an existing state
or town way.
6.7.13.2 The applicant shall obtain a Driveway Permit, Entrance Permit, or Traffic
Movement Permit from the Maine Department of Transportation and submit a
copy of the approved permit prior to final approval of the development, if the
development will access a state highway or state aid road.
6.7.13.3 The applicant shall obtain a Street Opening Permit from the Town Manager, or
his/her authorized agent, for any new access onto an existing town way. The
Town Manager, or his/her agent, shall specify culvert size and supervise
culvert installation, and shall locate points of safe access for the opening. The
cost of such opening shall be borne by the owner of the property to which
access is provided.
6.7.13.4 All proposed access onto town ways shall be placed in a location with adequate
sight distance to oncoming traffic. The sight distance, in linear feet, shall
measure no less than ten (10) feet for every mile per hour of posted speed limit,
but no less than two hundred fifty (250) feet. The sight distance of proposed
access points and separation distances from adjoining driveways and street
intersections shall be shown on the plan submitted for approval.
6.7.13.5 Access points shall be clearly identified by the use of signs, curb cuts, and
landscaping. New streets shall be identified by name on the plan and shall be
marked by signage conforming to the Town of Monmouth Street Naming and
Numbering Ordinance.
6.7.13.6 All driveway entrances and exits shall be kept free from visual obstruction
higher than three (3) feet above street level in a triangular area formed on two
(2) sides by measuring 25 feet along the street and driveway lines from the
intersection of the edge of their traveled ways, with the third side of the
triangle defined by a line connecting the two points located 25 feet from that
intersection.
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6.7.13.7 Where a development has frontage on two or more streets, access shall be
provided to the street where there is lesser potential for traffic congestion and
for hazards to traffic and pedestrians.
6.7.13.8 All streets yielding access to the proposed development shall have traffic
carrying capacity and be suitably improved to accommodate the amount and
types of traffic generated by the proposed use. No development shall reduce a
street’s Level of Service to “D” or below as determined by using the capacity
analysis procedures set forth in the 1985 Highway Capacity Manual, (or
current edition) as published by the Transportation Research Board and as
hereafter amended. Where deemed necessary by the Board, provision shall be
made for turning lanes, traffic directional islands, frontage roads, sidewalks,
bicycle paths, driveways and traffic controls within existing public streets for
the purpose of alleviating congestion or improving public safety.
6.7.13.9 Where topographic and other conditions allow, provision shall be made for
connections to adjoining similar uses, or future extension into undeveloped
adjoining parcels, when such access:
i) Will facilitate fire protection services; or
ii) Will enable users to travel between similar uses, without need to travel
upon a street.
6.7.14 Internal Circulation and Parking
6.7.14.1 A use shall not be extended, and no structures shall be constructed, enlarged, or
changed to another use, unless off-street parking spaces and loading areas are
provided. However, the requirements of this section may be waived by the
planning board for establishments intending to occupy existing structures in
Monmouth Center on Main Street from the Town Office to 500 feet southerly
of the intersection of Welch Avenue and Main Street, on Pleasant and Maple
Streets from their intersections with Main Street to the Gray Mill Road, and the
entire length of Gray Mill Road; and in North Monmouth on North Main Street
from the Old Lewiston Road westerly to the intersection with the Wilson Pond
Road.
6.7.14.2 Placement of Parking: Required off-street parking for all uses shall be located
on the same lot as the principal structure, except when the Planning Board
authorizes the joint use of a parking facility by two or more principal uses
where it is clearly demonstrated that the parking facilities would substantially
meet the intent of the requirements by reason of variation in the probable time
of maximum use of the facilities by the employees and patrons of the uses
involved.
Parking areas with more than two (2) parking spaces shall be arranged so that it
is unnecessary for vehicles to back into a public or private street. The
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placement of off-street parking areas at the side and/or rear of structures will be
strongly encouraged.
6.7.14.3 Parking Supply Schedule: Sufficient parking spaces shall be provided
consistent with the proposed use of the property. The table below shall be used
as a guideline for the quantity to be provided:
Activity
Minimum Spaces
Administrative, financial, governmental, legal
and other professional uses
1 per 300 sq. ft. of gross floor area (GFA)
Auditorium, theatre, places of public assembly
1 per 3 seats
Multi-family housing
1 ½ per dwelling unit
Beauty and barber shops
2 per operator chair
Child care facilities
1 per 5 children
Gym, fitness center
1 per 1,000 square feet of gross floor area
Contract construction
1 per empl, plus 1 per vehicle normally
on-site
Hotel, motel, inn, bed & breakfast, and
rooming houses
1 per rental unit, plus 1 per employee
Industrial uses, warehouses, and wholesalers
½ per 1,000 square feet of gross floor area
Medical care facilities
1 per 4 beds
Medical offices
5 per physician
Restaurants
1 per 3 seats of rated seating capacity
Retail businesses
1 per 250 square feet of gross floor area
Schools:
Elementary and Middle
All other
2 per 1,000 square feet of classroom space
4 per 1,000 square feet of classroom space
Veterinarian clinic
5 per veterinary
Notes:
The above are minimum standards, and additional spaces may be required, if
necessary, to provide adequate off-street parking.
Where the calculation of parking spaces results in a fractional part of a complete
space, the number of spaces required shall be rounded to the next highest number.
6.7.14.4 Design of Parking Spaces and Access Aisles
6.7.14.4.1 Parking stalls shall not be accessible directly from the street nor from the
throat area leading to the street access point.
6.7.14.4.2 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.
6.7.14.4.3 Parking stalls and aisle layout shall conform to the following minimum
dimensions:
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Parking Angle
Stall Width
Skew Width
Stall Depth
Aisle Width
90°
9’ – 0”
--
18’ – 5”
24’ – 0”
60°
8’ – 6”
10’ – 5”
18’ – 0”
16’ – 0”
45°
8’ – 6”
12’ – 9”
17’ – 5”
12’ – 0”
30°
8’ – 6”
17’ – 0”
17’ – 0”
12’ – 0”
6.7.14.4.4 A minimum of one (1) space per development, plus one (1) per every
twenty-five spaces of parking required under section 6.7.14.3, above, shall
be designed and dedicated for the use of people with disabilities. Spaces so
designated shall be a minimum of twelve-and-one-half (12 ½) feet wide and
marked with pavement marking or signage.
6.7.14.4.5 Parking spaces and traffic flow shall be clearly indicated with signs or
surface markings. If the parking spaces are not angled at 90 degree to the
access aisle, the aisle shall be marked for one-way traffic only.
6.7.14.4.6 Bumpers and/or wheel stops shall be provided where overhang of parked
cars might restrict traffic flow on adjacent through roads, restrict pedestrian
movement on adjacent walkways, or damage landscape materials.
6.7.14.5 Loading Facilities: Commercial, industrial and other non-residential and non-
agricultural uses shall provide, as necessary, off-street loading facilities
sufficient to handle the delivery requirements of the use. Such facilities shall
be sited so that trucks, trailers, and other containers shall not be located,
parked, or maneuvered for loading, unloading, or storage so as to impede
traffic on any public way.
6.7.14.5.1 No loading area shall be located between the principal structure and the
front lot line or street if other practical options exist on the lot. Loading
docks shall not face the street frontage.
6.7.14.5.2 Retail, wholesale, warehouse and industrial operations with a gross floor
area of more than 5,000 square feet shall provide a minimum of one (1)
bay, plus one (1) additional bay for every fifty thousand (50,000) square
feet of gross floor area, up to a maximum of five (5) bays.
6.7.14.6 Lot Design and Circulation:
6.7.14.6.1 The design of parking lots may be required to reflect the incorporation of
trees to reduce solar heating in the summer and to act as wind breaks. At
minimum, lots shall be provided with at least one (1) two and one-half inch
(2½”) caliper shade tree per twenty parking spaces, located throughout the
lot.
6.7.14.6.2 Lots shall be designed so that interior circulation and parking does not
interfere with vehicles entering or exiting the public street. Adequate
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throat depth will be provided based on the expected number and type of
vehicle trips.
6.7.14.6.3 Enclosures, such as guardrails, curbs, fences, walls and landscaping, shall
be used to identify circulation patterns of parking areas and to restrict
driving movements diagonally across parking aisles, but not to reduce
visibility of oncoming pedestrians and vehicles.
6.7.14.6.4 If sidewalks exist or are planned along the street, safe pedestrian access
from the sidewalk to building entrances must be provided. Pedestrian
crossings of paved parking or circulation areas must be marked with
crosswalk signs and pavement markings.
6.7.14.7 Paving of Parking Lots:
6.7.14.7.1 Where required or provided, all areas intended for vehicle circulation or
parking shall be surfaced with a minimum of six (6) inches of gravel
meeting MDOT spec. 703.06C for a base course beneath six (6) inches of
crushed gravel meeting MDOT spec. 703.06A for a surface.
6.7.14.7.2 Parking lots consisting of more than three thousand (3,000) square feet
must be paved with a bituminous-type paving material. The use of porous
paving materials (porous asphalt or pervious concrete) to aid in the
management of stormwater and reduce ice and water buildup on parking
lots is highly recommended. Porous paving materials must be installed by
a licensed contractor certified in the installation of the system to be used.
6.7.15 Landscape Integration
All development shall preserve the existing natural landscape insofar as practicable and,
where required, shall install vegetative or barrier landscaping for the purpose of reducing
stormwater and visual impacts within the site and upon neighboring properties.
6.7.15.1 All subdivision plans shall show designated building envelopes within the
development. Building envelopes shall be set so as to preserve existing wooded
areas, areas with slopes exceeding twenty (20) percent, wetland areas, and any
natural areas identified in the Monmouth Comprehensive Plan.
6.7.15.1.1 Unless located within the service area of the public sewer system, the
clearing limits for a development proposed within existing wooded areas
shall maintain a wooded buffer strip no less than fifty (50) feet in width
along all existing public roads and along the outside perimeter of the
property to be developed. The buffer may be broken only for driveways
and streets.
6.7.15.1.2 Within rural areas, clearing limits should be located so as to reduce the
visual impact of new buildings from the street or from identified areas of
high scenic value.
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6.7.15.2 Where not located within an existing wooded area, all commercial and multi-family
residential development shall be effectively screened from the view of adjoining
residential properties. Measures to achieve an effective screen may include
coniferous vegetation in a strip at least ten (10) feet in width, a solid wood fence, or
a combination of these measures. Fencing shall be erected with a finished side
facing the adjoining property, and must be a minimum of six (6) feet in height and
located a minimum of five (5) feet from the property line.
6.7.15.3 All vegetation to be planted on the site shall be part of a landscaping plan. The
landscaping plan shall demonstrate a variety of species and heights sufficient to
achieve the purposes intended. All species shall be selected for suitability for the
site, including, where appropriate, roadside conditions.
6.7.16 Business Signs
All business signs shall be described at the time of development approval. Signs shall be
erected in conformance with the standards of this section and approval of the planning
board, provided that signs erected on property which do not conform to the original
approval may be considered and approved as a minor modification to the plans.
The size, location, design, lighting and materials of all exterior signs and outdoor
advertising structures shall not detract from proposed buildings and the surrounding
properties, through conformance with the following standards:
6.7.16.1 No sign shall be located in, or extend over, the street right-of-way, nor shall any
sign reduce or obstruct traffic visibility or present a safety hazard.
6.7.16.2 Not more than two (2) signs, building-mounted or free-standing, shall be permitted
per premise or per business enterprise.
6.7.16.3 Except for directional signs permitted under the Maine Travelers Information
Services Act, no free-standing sign shall be located within ten (10) feet of any street
right-of-way line nor within twenty (20) feet of adjacent property lines.
6.7.16.4 External illumination of signs may be provided only by steady, stationary, shielded
light sources directed solely on the sign so as not to cause glare for motorists,
pedestrians or neighboring premises.
6.7.16.5 Electronic Message Signs are subject to the following standards:
6.7.16.5.1 The installation of an electronic message sign on existing property may be
approved by the Code Enforcement Officer as a minor modification to the
existing site.
6.7.16.5.2 Electronic message signs are permitted to be located only within the Maine
DOT-designated Urban Compact Area, or on US Route 202 between the
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Blue Road and the Winthrop town line, or on State Route 126 within 1,500
feet of the intersection with South Monmouth Road. Only one (1) electronic
message sign is permitted per premises.
6.7.16.5.3 Electronic message signs shall consist of a single frame of text or graphics
which may be changed with a minimum hold time of five (5) seconds
between frame changes. Signs which display only time and temperature
may change with a minimum hold time of two (2) seconds. Frames shall
contain static images with no flashing, intermittent, or moving light or
lights. A frame effect such as a scroll or travel may be used between
frames, provided lighting does not vary in intensity.
6.7.16.5.4 Except for time and temperature displays, all electronic message signs shall
be turned off within one (1) hour of the daily closing of a business to within
one (1) hour of the following day’s opening.
6.7.16.7 All signs shall be permanently affixed to the ground or building. Portable Signs,
including but not limited to trailer-mounted signs, shall be prohibited, except under
the following circumstances:
i. advertising for a new businesses not to exceed thirty (30) days.
ii. signs designed to be carried into the business building at the close of
the business day.
6.7.17 Outdoor Lighting
All lighting and reflective properties of the proposed development shall be designed to
minimize adverse impact on adjacent properties and public ways. No development shall
produce a strong, dazzling light or reflection of light onto neighboring properties or public
ways so as to create a nuisance condition for an adjacent property owner or impair the
vision of the driver of any vehicle upon that way.
Lighting fixtures shall be shielded or hooded, and placed so that the lighting elements are
not exposed to normal view by motorists or pedestrians or from adjacent dwellings.
If abutting property contains an existing or proposed residential use, illumination at the
property line shall not exceed 0.5 foot-candles.
6.7.18 Noise
6.7.18.1 No development shall be permitted to produce noise which, by character of its
loudness or frequency, constitutes an irritant to neighboring uses or the general
public. Any development reasonably anticipated to produce such noises must
demonstrate that the source of such noise is located, oriented, muffled or otherwise
limited to the maximum permitted sound levels.
6.7.18.2 The maximum permissible sound pressure level of any continuous, regular or
frequent or intermittent source of sound produced by any activity shall be limited
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according to the abutting use and time period, as listed below. Sound level shall be
estimated at a level 4 feet above ground at the property boundary of the source.
Sound Pressure Level Limits Using the
Sound Equivalent Level of One Minute (leq 1)
Abutting Use 7am-10pm 10pm-7am
Residential
60
45
Commercial
65
55
Industrial
70
60
Noise shall be estimated according to the A-weighted response scale, fast response
on a meter conforming to the American National Standards Institute “American
Standard Specification for General Purpose Sound Level Meters.” Noise estimates
shall be based only on sound to be generated by the development, excluding
background, or ambient noise.
6.7.18.3 The following activities within a development shall not be subject to sound level
limitations:
i. Noises created by construction and temporary maintenance activities
between 6:30am and 8:00pm.
ii. The noises of safety signals, warning devices, emergency pressure relief
valves and any other emergency activity.
6.8 Development Standards for Specified Activities
This section contains development standards tailored to specific forms of development
based on their unique characteristics or features. The standards in this section do not apply
outside of the specified use.
6.8.1 Open Space and Clustered Residential Subdivision
This section governs subdivisions which are proposed to differ from conventional
subdivisions by the provision of undeveloped space for recreation or environmental
protection in exchange for increased lot density within the developed area.
6.8.1.1 Development and Lot Design: To be eligible for treatment under the standards of
this section, a minimum of 40 percent (40 %) of the area of the parcel to be
subdivided must be reserved as open space meeting the criteria of section 5.8.1.3.
Land area so reserved shall be clearly denoted on the subdivision plan with the
notation “Reserved Open Space Not to be Developed.”
Building lots shall be oriented on the parcel to be developed so as to achieve
multiple objectives: to minimize environmental impacts, to minimize costs of
providing public water, sewer and road access, to provide individual lot access to
the common open space, and to minimize visual impacts of development.
All building lots shall be shown on a subdivision plan with a building envelope.
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6.8.1.2 Dimensional Requirements: Minimum required lot area and frontage shall be
reduced according to whether the individual lots are served by the Monmouth
Sanitary District, unless designed as a condominium form of ownership.
6.8.1.2.1 Development Served by the Public Sewer: Individual lots may be reduced to
a minimum area of 10,000 square feet. Lots fronting on an existing public
street may reduce street frontage to 75 feet.
Further, if at the time of application, the applicant demonstrates legally
binding restrictions limiting occupancy to affordable incomes (as defined) or
seniors, individual lots may be reduced to a minimum area of 5,000 square
feet. Minimum frontage required on all streets may be reduced to 60 feet. If
the applicant chooses to restrict only a portion of the proposed lots, the
minimum lot size reduction shall only apply to those lots restricted.
6.8.1.2.2 Development NOT Served by the Public Sewer: Individual lots may be
reduced to a minimum area of 24,000 square feet. Lots fronting on an
existing public street must have a minimum street frontage of 150 feet. Lots
fronting on an existing or proposed private road must have a minimum street
frontage of 100 feet.
Further, if at the time of application, the applicant demonstrates legally
binding restrictions limiting occupancy to affordable incomes (as defined) or
seniors, individual lots may be reduced to no less than 20,000 square feet.
Minimum frontage required on all streets may be reduced to 100 feet. If the
applicant chooses to restrict only a portion of the proposed lots, the
minimum lot size reduction shall only apply to those lots restricted.
6.8.1.3 Unit Density: If the development is proposed to be a condominium form of
ownership on which all units are situated on a single lot owned in common, the
permitted density shall be calculated based on the number of lots that would have
been permitted on the net buildable area of the original parcel. The “net buildable
area” is defined as the acreage of the parcel remaining after deduction of wetlands,
floodplain, and ground slope exceeding twenty (20) percent.
If the development will be served by the public sewer, the permissible unit density
will be one per 10,000 square feet of net buildable area. If at the time of
application, the applicant demonstrates legally binding restrictions limiting
occupancy to affordable incomes (as defined) or seniors, the permissible unit
density will be one per 5,000 square feet of net buildable area.
If the development will NOT be served by the public sewer, the permissible unit
density will be one per 24,000 square feet of net buildable area. If at the time of
application, the applicant demonstrates legally binding restrictions limiting
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occupancy to affordable incomes (as defined) or seniors, the permissible unit
density will be one per 20,000 square feet of net buildable area.
6.8.1.4 Character of Open Space: Open space proposed to be reserved must be of a
character and design intended to provide significant recreational and/or
environmental benefits. The following standards must be met.
6.8.1.4.1 Reserved open space shall contain areas of wetland and critical wildlife
habitat, if located on the parcel, but shall not be limited to those areas.
Generally, a minimum of 1/3 (one-third) of reserved land shall be suitable
for recreational uses.
6.8.1.4.2 Reserved open space shall be accessible to all owners of property within the
subdivision without necessitating crossing of non-reserved private land.
6.8.1.4.3 If located within 2,000 linear feet of the intersection of Routes 135 and 132
in Monmouth Center or the intersection of New Street and Main Street in
North Monmouth, or within any area designated for public acquisition in a
Monmouth Open Space or Comprehensive Plan, a portion of the reserved
open space useable for public recreation shall be offered to the Town of
Monmouth in accordance with the provisions of 6.8.1.4.5 (1) or (2), below.
6.8.1.4.4 Reserved open space shall be legally restricted from future development of
any kind, except for structures in support of passive recreation. The
reserved land may be used for managed agriculture or forestry.
6.8.1.4.5 Ownership of the reserved open space shall be limited to one of the
following options:
(1) Dedication to the Town or a suitable land trust, if either is willing to
accept the dedication.
(2) Dedication of a conservation easement or development rights to the
Town or a suitable land trust with ownership and maintenance
responsibilities remaining with the original owner or homeowners
association.
(3) Common ownership of the open space by a homeowners' association
which assumes full responsibility for its maintenance.
(4) Deed-restricted private ownership which shall prevent development
and/or subsequent subdivision of the open space and provide
maintenance responsibility. This option may apply only if open space is
part of an existing farm, working or not, and there is a plan to farm by
the owner.
6.8.2 Manufactured Housing Parks
This section governs subdivisions which are proposed to differ from conventional
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subdivisions in that all land and lots within the subdivision are used solely for the
placement of manufactured housing units.
6.8.2.1 Parks Limited to Land Accessible to Public Sewer: New manufactured housing
parks not located on public sewer are not permitted. This shall not be construed to
prohibit the establishment of manufactured housing subdivisions on lots conforming
to the dimensional standards of section 4.1.1.1.
6.8.2.2 A manufactured housing park legally existing prior to the date of this ordinance may
continue and may be expanded in compliance with other sections of this ordinance.
6.8.2.3 Submission Requirements: In addition to the requirements of Section 6.4 of this
ordinance, an applicant for a manufactured housing park shall submit:
i. A description of the proposed form of ownership of units within the
park, and
ii. A copy of the proposed park rules to be implemented.
6.8.2.4 Dimensional Requirements: Lots within a manufactured housing park shall comply
with the dimensional standards of sections 4.1.1.3, 4.1.2.4, 4.1.3.2.2, and 4.1.3.4.2,
except as follows:
6.8.2.4.1 The planning board is authorized to allow a reduction in the minimum lot
size to no less than five thousand (5,000) square feet where the development
plan shows the precise location on each lot where the pads will be placed,
provided those locations meet setback, parking, and other requirements.
6.8.2.4.2 The planning board is authorized to allow a reduction in the minimum lot
size to no less than five thousand (5,000) square feet where either all of the
units within the park will be owned by the park management, or where park
rules limit occupancy of units to persons aged 60 or over.
6.8.2.5 Buffering and Screening: Unless the average lot size within a manufactured
housing park exceeds 10,000 square feet, the development shall comply with the
provisions of section 6.7.15.3 of this ordinance regarding buffering. Land area
utilized for a vegetative buffer shall not be part of the individual lots to be rented or
leased.
6.8.2.6 Parking Requirement: The development plan shall provide a minimum of two (2)
parking spaces per lot or unit.
6.8.2.6.1 At least one (1) space must be provided upon each lot.
6.8.2.6.2 Any parking area intended for common use, including tenant or visitor
parking, must comply with the design standards of section 6.7.14 of this
ordinance.
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the law
A person who violates this section shall be punished to the full extent of
6.8.2.11.2 Violations
6.8.2.6.3 Unless internal park roads are paved to a minimum width of twenty-four
(24) feet, no parking spaces shall be located along the road, and the road
shall be posted to prohibit parking.
6.8.2.7 Recreation or Open Space Areas: Open space shall be provided within a
Manufactured Housing park in the amount of no less than five (5) percent of the
aggregated lot area. Land allocated to open space may include required buffer
areas. A significant portion of the open space shall be useable for active or passive
recreation. The planning board may require the developer to make improvements
within the open space to support active or passive recreation, based on the
anticipated nature of the park tenants.
6.8.2.8 Park Streets and Sidewalks: All streets within the Manufactured Housing park shall
conform to the requirements of the Monmouth Streets and Ways Ordinance for
local roads, except that shoulders are not required and no right-of-way will be
designated. If sidewalks are to be installed, they shall conform to section 6.7.12.2
of this ordinance.
6.8.2.9 Manufactured housing Sales: A manufactured housing park shall not be used to
market Manufactured Housings which are not intended for use within the park.
Any Manufactured Housing offered for sale must be installed on a pad on a
designated lot within the park.
6.8.2.10 Limitation on Size of Manufactured Housing Unit: Manufactured housing units to
be placed within a manufactured housing park shall be limited to ten (10) feet in
height, and to a gross floor area of two thousand (2,000) square feet.
6.8.2.11 Movement of manufactured housing
6.8.2.11.1 Purpose
The purpose of this section is to regulate the moving of manufactured
homes, house trailers and mobile homes within and beyond the
municipal boundaries of the town and to ensure the safety and general
welfare of the public. The park owner shall not allow any person to move
or cause to be moved within or beyond the municipal boundaries of the
town any manufactured homes, house trailers and mobile home that has
been established within town six months or more without first obtaining a
statement from the tax collector that no tax liens, tax assessments or
other assessments are levied against the mobile home. The person shall
further ensure that all licenses and permits necessary have been
obtained prior to movement of this structure.
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6.8.2.12 Park License
A park license shall be issued by the Board of Selectmen when the Board is satisfied as to
the conformance of the manufactured home, house trailer or mobile home park with the
provisions of this article. No manufactured home, house trailer or mobile home is to be
located on any site within a manufactured home, house trailer or mobile home park until a
park license covering that site has been issued by the Board of Selectmen. There shall be
no charge for the initial license, which shall cover the period from the date of the granting
of the license to the following May 1. Licenses shall be renewable annually on May 1, with
an annual fee of $50.00. An annual list of all mobile home owners as of April 1 shall be
submitted to the assessor prior to renewal. If mobile home park owner fails to comply
submitting the annual list by renewal date of the license then the Board of Selectmen will
impose a fee of $25.00 per day until park owner complies. Annual licenses shall be
required for manufactured home parks, house trailer or mobile home which falls within the
definition of this article.
6.8.3 Multi-Family Developments: Conversions of Existing Dwellings:
This section governs the conversion of a single family house or buildings accessory into
two or more dwelling units, one of which will be occupied by the owner of the property.
6.8.3.1 The addition of a single dwelling unit to an existing residential building shall require
only a building permit from the Code Enforcement Officer. The addition of two (2)
or more dwelling units to an existing residential building must be reviewed as a
subdivision according to the procedures of section 5.2 of this ordinance. In all
instances, the requirements of this section shall be applied.
6.8.3.2 Lot Area Requirements:
6.8.3.2.1 If served by public sewer:
6.8.3.2.1.1 Minimum lot size for three (3) or fewer dwelling units – None
6.8.3.2.1.2 Minimum lot size for four (4) units -- 40,000 square feet.
6.8.3.2.1.3 Each additional unit over four shall require an additional 5,000 square
feet of lot area.
6.8.3.2.2 If the lot is not served by public sewer, each dwelling unit shall require
40,000 square feet of lot area.
6.8.3.3 Building Standards: The existing buildings shall not be substantially enlarged.
The footprint of existing buildings may be expanded by no more than five (5)
percent. An expansion of greater than five percent shall be considered new
development, to be reviewed under section 6.8.4 of this ordinance.
6.8.3.4 Signs: One sign, not to exceed (3) feet by (4) feet, may be placed identifying the
building and advertising vacancies.
6.8.3.5 Parking: One off-street parking space shall be provided for each bedroom or studio
apartment to be developed, in addition to two spaces for the original dwelling unit.
Parking shall not be located between the house and the street, and shall be oriented
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or screened so that headlights do not provide a nuisance to adjoining residences.
No parking or travel ways shall be placed within five (5) feet of any lot line.
6.8.3.6 Lighting: A single yard light may be installed to provide illumination for the
parking area.
6.8.4 New Multi-Family Development
This section governs development which is proposed to differ from conventional
subdivisions in that three (3) or more dwelling units are proposed to be placed within a
building. In addition to the design standards of section 6.7 of this ordinance, multi-family
development shall comply with the following standards.
6.8.4.1 Lot Area Requirements:
6.8.4.1.1 On sites served by the public sewer system, a multi-family development
shall contain no more than one dwelling unit per 10,000 square feet, except
as provided in subsection (2) below.
6.8.4.1.2 On sites served by the public sewer system, the planning board may permit
an increase in density to no greater than one unit per 5,000 square feet where
the applicant demonstrates legally binding restrictions limiting occupancy of
the dwelling units to affordable incomes (as defined) or seniors.
6.8.4.1.3 On sites not served by the public sewer system, a multi-family development
shall contain no more than one dwelling unit per 24,000 square feet.
6.8.4.2 Parking: The development shall comply with the standards of section 6.7.14 of this
ordinance for parking and circulation, except that the requirement of section
6.7.14.3 for 1.5 parking spaces per unit may be reduced to one space per unit where
the applicant demonstrates legally binding restriction limiting occupancy of the
dwelling units to seniors.
6.8.4.3 Garages, sheds, and other accessory buildings shall be located to side or rear of the
principal buildings and shall be placed so as not to inhibit the access of emergency
vehicles to the principal building.
6.8.4.4 Recreation Areas: Recreational space shall be provided within a multi-family
development in the amount of no less than ten (10) percent of gross floor area of all
principal buildings. The recreation space shall be useable for active or passive
recreation. The planning board may require the developer to make improvements to
support active or passive recreation, based on the anticipated nature of the multi-
family occupants.
6.8.4.5 Condominiums: If the multi-family development will be a condominium form of
ownership, the applicant shall submit proposed articles of incorporation for a
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condominium association, providing for adequate maintenance of all common
fixtures and property.
6.8.5 Wireless Communications Facilities
This section governs communications towers, receivers, and associated facilities used
primarily for commercial purposes. Personal communication antennae and support
structures, including but not limited to satellite dishes for home use, and ham radio
antennae, are not subject to the standards of this section.
6.8.5.1 Dimensional Requirements: All facilities shall comply with the dimensional
requirements of section 4.1 of this ordinance for the creation of new lots, unless
superseded by the standards of this section. Dimensional requirements do not apply
to leased land.
6.8.5.2 Setbacks. Towers shall be set back from street rights-of-way and property lines by
a distance equal to the height of the tower, plus ten (10) feet or by a distance equal
to 110 percent of the height of the tower, whichever is greater. All tower supports
and peripheral anchors shall be located entirely within the boundaries of the
property and shall be not less than ten (10) feet from the property line.
6.8.5.3 Height: Towers may not exceed the height of 150 feet above ground surface. The
height shall be measured from the natural, undisturbed ground surface below the
center of the base of the tower to the top of the tower structure exclusive of
antennae or equipment to be mounted on the tower.
6.8.5.4 Structural Requirements: No facility shall be designed and/or sited such that it
poses a potential hazard to nearby residences or surrounding properties or
improvements. Any tower shall be designed and maintained to withstand without
failure the maximum forces expected from wind, earthquakes and ice when the
tower is fully loaded with antennas, transmitters and other equipment, and
camouflaging. Initial demonstration of compliance with this requirement shall be
provided by submission of a report prepared by a structural engineer licensed by the
State of Maine describing the tower structure, specifying the number and type of
antennas it is designed to accommodate, providing the basis for the calculations
done, and documenting the actual calculations performed.
6.8.5.5 Visual Impacts: All facilities shall employ materials and colors that blend with the
surroundings. They shall be initially painted and thereafter repainted as necessary
with a non-reflective “flat” paint. The color selected shall be one that will minimize
their visibility to the greatest extent feasible. Vegetative buffering must be
provided to screen the facility, at ground level, from adjacent land uses. Any
facility located on one of the town’s ridgelines identified as a visual resource in the
Comprehensive Plan shall be placed so as to minimize its silhouette against the sky.
No tower shall be installed within two miles of another tower unless it is planned
and permitted as a multiple-user site, or camouflaged so as to simulate a natural
feature of the environment.
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6.8.5.6 Lighting: All facilities shall be unlit except for a manually operated or motion-
detector controlled light above the equipment shed door which shall be kept off
except when personnel are actually present at night.
6.8.5.7 NIER Exposure: Communications facilities may not emit unsafe levels of non-
ionizing electromagnet radiation (NIER) levels beyond the tower site’s boundaries.
No facility or combination of facilities shall produce at any time power densities at
property lines that exceed the ANSI C95.1-1992 standard for human exposure.
6.8.5.8 Co-location and Multiple Use of Sites: All co-located communication facilities
and multiple-user sites shall be designed to promote facility and site sharing.
Towers and necessary appurtenances, including but not limited to, paring areas,
access roads, utilities and equipment buildings shall be shared by site users when
this will minimize overall visual impact.
6.8.5.9 Security: Security measures, in accordance with industry standards, shall be placed
no less than fifty (50) feet from the base of all towers, guide wires, buildings, and
other structures associated with the development.
6.8.5.10 Removal: Tower operators shall notify the CEO within sixty (60) days of the
facility going out of operation of their intention for the tower in the future. If there
is no future use intended for the tower, it must be dismantled and removed from the
site within twenty-four (24) months after the tower is no longer in use. If the tower
is not removed, the Town may cause the removal of the tower. The cost of such
removal shall be placed as a lien against the subject property.
6.8.6 Commercial Wind Energy Conversion Systems
This section governs wind energy systems with a rated output of more than 100 kW,
installed for the primary purpose of sale of the energy.
6.8.6.1 Setbacks:
6.8.6.1.1 If a facility is to be sited on existing farmland, towers shall be a minimum
setback distance from all surrounding property lines equal to 1.25 times the
height of the tower. No structural development other than that directly
connected with the facility, will be permitted in the setback zone.
6.8.6.1.2 Facilities on non-farmland will be required to meet a minimum setback
distance from all property lines equal to 1.5 times the height of the tower
plus the length of one blade.
6.8.6.2 The minimum distance between the ground and any part of a rotor blade system
shall be fifty (50) feet.
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6.8.6.3 Towers shall not be artificially lighted, except as required by the FAA or other
applicable authority. All lights shall be designed to minimize visibility from the
ground to the extent allowed by the FAA or other applicable authority.
6.8.6.4 Turbines shall have an automatic braking, governing, and/or feathering system to
prevent uncontrolled rotation, over speeding, and excessive pressure on the tower
structure, rotor blades and turbine components caused by extremely high winds,
icing or other weather phenomena.
6.8.6.5 The tower and all ground-level equipment such as guide wires, transformers, and
substations shall be enclosed within a security fence at least eight (8) feet in height.
6.8.6.6 Towers and turbines shall not contain advertising except for reasonable
identification of the manufacturer or operator of the wind energy facility.
Appropriate warning signs shall be placed on electrical equipment and facility
entrances.
6.8.6.7 Visual Impacts: All facilities shall employ materials and colors that blend with the
surroundings insofar as possible. They shall be initially painted and thereafter
repainted as necessary with a non-reflective “flat” paint. The color selected shall be
one that will minimize their visibility to the greatest extent feasible. Vegetative
buffering must be provided to screen the facility, at ground level, from adjacent
land uses. Any facility located one of the town’s ridgelines identified as a visual
resource in the Comprehensive Plan shall be placed so as to minimize its silhouette
against the sky.
6.8.6.8 The facility shall avoid, to the extent practicable, the creation of artificial habitat for
raptors or raptor prey, such as a) electrical equipment boxes on or near the ground
that can provide shelter and warmth, or b) horizontal perching opportunities on the
towers or related structures.
6.8.7 Small Wind Energy Systems
This section governs wind energy systems with a rated capacity of not more than
100 kW, used primarily for residential or agricultural purposes, and with an
installed height of thirty-five (35) feet or more.
6.8.7.1 CEO Permit Required: A building permit issued by the CEO is required prior to
construction. Applications for a permit shall include the following elements:
a. Site plan to scale, showing the location of the proposed system and the
locations of all existing buildings, structures and property lines.
b. An elevation drawing of the facility to scale showing the height, design and
configuration of the system in relation to existing structures, buildings,
electrical lines and property lines.
c. Standard drawings and an engineering analysis of the systems tower
including weight capacity.
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d. A standard foundation and anchor design along with soil conditions and
specifications for the soil conditions at the site.
e. Specific information on the type, size, rotor material, rated power output,
performance, safety and noise characteristics of the system including the
name and address of the manufacturer.
f. Emergency and normal shutdown procedures.
g. Verification that that the installation conforms to all applicable electrical
codes and will be installed by a licensed professional.
h. Evidence that the provider of electrical service to the property has been
notified of the intent to install an interconnected electricity generator unless
the system will not be connected to the electricity grid.
6.8.7.2 Minimum Lot Size. No wind energy system shall be erected on any lot less than
one acre in size.
6.8.7.3 Total Height and Setback: The structure shall be setback from all occupied
buildings and property lines a minimum of 1.1 times the height of the structure,
unless the building is occupied by the person who will own the system.
6.8.7.4 Multiple Systems. The addition or expansion of additional systems which cause
the overall capacity to exceed 100 kW shall require review as a commercial system
under the requirements of section 6.8.6.
6.8.7.5 Minimum Blade Clearance: The minimum clearance of the lowest extent of a
turbine blade shall be 20 feet above the ground or 20 feet above the highest point of
any structure or obstacle within 20 feet from base of the turbine.
6.8.7.6 Access: No tower shall have a climbing apparatus within 12 feet of the ground. All
access doors or access ways to towers and electrical equipment shall be lockable.
6.8.7.7 Noise: The installation shall comply with the standards of section 6.7.18 of this
ordinance.
6.8.7.8 Visual Appearance: The system shall be finished in a rust-resistant, non-obtrusive
finish and color that is non-reflective. Systems shall be lighted only if required by
Federal Regulations. No advertising signs of any kind or nature shall be permitted
on the system.
6.8.7.9 Electrical Interconnections. All electrical interconnection or distribution lines
shall be underground, unless attached to a building, and comply with all applicable
codes and public utility requirements.
6.8.7.10 Signal Interference: Efforts shall be made to site the system to reduce interference
with television and other communication signals. No system shall cause permanent
and material interference with television or other communication signals.
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6.8.7.11 Overspeed Controls. Every small wind energy system shall be equipped with both
manual and automatic over speed controls.
6.8.7.12 Abandonment: If the CEO determines that a system has been abandoned, the
Owner of the system shall remove it within six (6) months of notification.
6.8.8. Reserved
6.8.9. Solar Energy Systems
This section governs both residential and commercial solar developments.
The following definitions and standards apply:
Mounting. The manner in which a solar PV system is affixed to the roof or ground (i.e.,
roof mount, or ground mount.
Photovoltaic (PV) System. A solar energy system that produces electricity by the use of
semiconductor devices, called photovoltaic cells, which generate electricity when exposed
to sunlight. A PV system may be roof-mounted, ground-mounted, or
pole-mounted.
Power. The rate at which work is performed (the rate of producing, transferring, or
using energy). Power is measured in Watts (W), kilowatts (kW), Megawatts (MW),
etc. in Alternative Current (AC).
Solar Array. Multiple solar panels combined together to create one system.
Solar Collector. A solar PV cell, panel, or array, or solar thermal collector device, that
relies upon solar radiation as an energy source for the generation of electricity or transfer of
stored heat.
Solar Energy System. A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or transferring heat from a
collector to another medium using mechanical, electrical, or chemical means. It may
be roof-mounted or ground-mounted, and may be of any size as follows:
1. Small Solar Energy System is one whose physical size based on total airspace
projected over a roof or the ground is less than 1,500 square feet;
2. Medium Solar Energy System is one whose physical size based on total airspace
projected over a roof or the ground is equal to or greater than 1,500 square feet but less
than 16,999 square feet; and
3. Large Solar Energy System is one whose physical size based on total airspace
projected over a roof or the ground is equal to or greater than 17,000 square feet. Solar
Energy System, Ground-Mounted. A Solar Energy System that is structurally mounted to
the ground and is not roof-mounted; may be of any size (small-, medium- or large-
scale).
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Solar Energy System, Roof-Mounted. A Solar Energy System that is mounted on the
roof of a building or structure; may be of any size (small-, medium- or large-scale).
Solar Glare. The potential for solar panels to reflect sunlight, with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and visibility.
Solar Photovoltaic (Solar PV) System. A solar system consisting of photovoltaic cells,
made with semiconducting materials, that produces electricity (in the form of direct
current (DC)) when they are exposed to sunlight. A typical PV system consists of PV
panels (or modules) that combine to form an array; other system components may
include mountain racks and hardware, wiring for electrical connections, power
conditioning equipment, such as an inverter and/or batteries.
Tilt. The angle of the solar panels and/or solar collector relative to horizontal. Tilt is often
between 5 and 40 degrees. Solar energy systems can be manually or automatically adjusted
throughout the year. Alternatively, fixed-tilt systems remain at a static tilt year-round.
6.8.9.1 General Standards
6.8.9.1.1 All solar energy system installations shall be installed in compliance with the
photovoltaic systems standards of the latest edition of the National Fire
Protection Association (NFPA1) adopted by this Town.
6.8.9.1.2 All wiring shall be installed in compliance with the photo photovoltaic systems
standards of the latest edition of the National Electrical Code (NFPA 70)
adopted by this Town.
6.8.9.1.3 Prior to operation, electrical connections must be inspected and approved by
the Code Enforcement Officer or his designated Electrical Inspector.
6.8.9.2 Roof-mounted and Small-Scale Ground Mounted Solar Energy Systems.
Roof-mounted and building-mounted solar energy systems and equipment are
permitted by right and shall be permitted unless they are determined by the
Code Enforcement Officer, with input from the Fire Chief, to present one or
more unreasonable safety risks, including, but not limited to, the following:
(i) Weight load;
(ii) Wind resistance;
(iii) Ingress or egress in the event of fire or other emergency; or
(iv) Proximity of a ground-mounted system relative to buildings.
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6.8.9.3 Additional Standards for Medium- and Large-Scale Ground-Mounted Solar
Energy Systems.
6.8.9.3.1 Large-scale ground-mounted solar energy systems shall not be considered
accessory uses.
6.8.9.3.2 In addition to the standards in Sec.6.8.9.1, medium- and large-scale
ground-mounted solar energy systems shall comply with the following:
a. Utility Connections: Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the solar system
underground, depending on appropriate soil conditions, shape, and
topography of the site and any requirements of the utility provider.
Electrical transformers for utility interconnections may be above ground if
required by the utility provider.
b. Safety: The solar system owner or project proponent shall provide a copy
of the site plan review application to the Fire Chief for review and comment.
The Fire Chief shall base any recommendation for approval or denial of the
application upon review of the fire safety of the proposed system.
c. Visual Impact: Reasonable efforts, as determined by the Planning Board,
shall be made to minimize visual impacts by preserving existing native
vegetation, providing year-round screening to abutting properties, or taking
other appropriate measures. Screening buffers must be comprised largely or
entirely of native evergreen trees and/or native shrubs, which must be a
minimum of 4 feet high and average 6 feet high at planting, with at least two
rows of planting at off-set planting to fill in gaps in a single row. Larger trees
may be required for screening of larger projects with structures that that
differ significantly from those located on abutting properties, or that produce
significant visual impacts.. The operator shall timely remove dead, diseased
and damaged trees and shrubs and the maintenance plan for the project must
address maintenance of the screening buffers. . Existing vegetative and
forested buffers shall be retained to the fullest extent practicable.
d. Glare: Solar panels are designed to absorb (not reflect) sunlight; and, as
such, solar panels are generally less reflective than other varnished or glass
exterior housing pieces. However, solar panel placement should be
prioritized to minimize or negate any solar glare onto nearby properties or
roadways, to the extent practical.
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e.
Siting, Land Clearing, Soil Erosion, and Habitat and
Agricultural Impacts:
Major projects shall not be located within
a one-half mile radius of the
perimeter of other permitted major
or medium solar projects unless the project area is fully screened
from adjacent roads and abutting properties by existing
vegetation or topography.
Preference shall be given to locating
the system on previously developed, degraded, or marginally
productive portions of the property. Siting of projects should not
occur on prime agricultural soils or soils of statewide importance
to the fullest extent practicable as determined by the Planning
Board. Clearing of natural vegetation shall be limited to what is
necessary for the construction, operation and maintenance of
ground-
mounted solar energy systems or as otherwise
prescribed by applicable laws, regulations, and
bylaws/ordinances. Ground mounted facilities shall minimize
mowing by utilizing livestock grazing to manage vegetation to
the extent practicable. Native, pollinator-friendly seed mixtures
shall be used. Herbicides may only be used for targeted control of
noxious or invasive species and shall not be used for widespread
or routine management of vegetation. No topsoil or prime
agricultural soil shall be removed from the site for installation of
the
system.
f. Fencing: Where fencing is used, fences should be
elevate by a
minimum of 5 inches to allow for passage
of small terrestrial animals
g.
Dual-use.
Developers must consider dual use in siting and planning solar
development in order to benefit from an increased lot coverage allowance and are
encouraged to implement it in all solar projects. Dual-use projects involve the
installation of solar photovoltaic panels on farmland in such a manner that
primary agricultural activities (such as animal grazing or crop/ vegetable
production) are maintained simultaneously on the farmland. Dual-use array
designs may (but are not required to) include increased panel height or expanded
panel row spacing to improve compatibility with farming operations and crop
production. To qualify as dual-use, the
solar installation must:
1.
retain
or
enhance
the
land’s
agricultural
productivity,
both
short
term
and
long
term,
2.
be built, maintained, and have provisions for decommissioning to
protect the land’s
agricultural resources and utility, and
3.
support the viability of a farming operation.
h.
Biodiversity enhancement. Developers must consider habitat enhancement in
siting and planning solar development in order to benefit from an increased lot
coverage allowance and are encouraged to implement it for all solar projects.
Projects utilizing biodiversity enhancement involve the installation of solar
photovoltaic panels in such a manner that the indigenous biodiversity of a site is
improved through its management. These projects must be sited to avoid high
value natural resources to the greatest extent possible. The vegetation throughout
the site, including under the panels and throughout the buffer plantings, will be
managed to encourage the establishment and growth of native plant species while
controlling non-native and especially invasive plant species. Efforts to encourage
native biodiversity and control non-native and invasive species will be made
throughout the lifespan of the array. Plant and seed selection will focus on the use
of native species of local genotypes, and cultivars will not be utilized. Array
designs may (but are not required to) include increased panel height to
accommodate taller native herbaceous plants that might otherwise be damaged or
eradicated by mowing.
Wildlife
conservation measures such as nesting boxes and
brush piles should also be incorporated into the array
.
6.8.9.4 Additional Standards for Large-Scale Solar Energy Systems.
6.8.9.4.1 Operations and Maintenance Plan: The project proponent shall submit a
plan for the operation and maintenance of the large-scale ground mounted solar
energy system, which shall include measures for maintaining safe access to the
installation, maintenance of healthy screening buffers and adequate vegetative
coverage in the array area, as well as as well as other general procedures for
operational maintenance of the installation.
6.8.9.4.2 Signage: A sign shall be placed on the large-scale solar energy system to
identify the owner and provide a 24-hour emergency contact phone number.
6.8.9.4.3 Emergency Services: The large-scale ground-mounted solar energy system
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall
cooperate with the Fire Department in developing an emergency response plan. All
means of shutting down the system shall be clearly marked. The owner or operator
shall provide to the Code Enforcement Officer the name and contact information of a
responsible person for public inquiries throughout the life of the installation.
6.8.9.4.4 Removal: Any large-scale ground-mounted solar energy system which has
reached the end of its useful life or has been abandoned consistent with this
ordinance shall be removed at the owner’s or operator’s expense. The owner or
operator shall physically remove the installation no more than 150 days after the
date of discontinued operations. The owner or operator shall notify the Code
Enforcement Officer by certified mail of the proposed date of discontinued
operations and plans for removal. Decommissioning shall consist of:
(i) Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
(ii) Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
(iii) Stabilization or re-vegetation of the site as necessary to minimize
erosion. Native, pollinator-friendly seed mixtures shall be used to the
maximum extent possible. Where applicable, the site will be made ready for
a return to agricultural use by seeding with a cover crop or perennial forage
mix to the maximum extent possible.
6.8.9.4.5 Abandonment: Absent notice of a proposed date of decommissioning or
written notice of extenuating circumstances, a large-scale ground-mounted solar
energy system shall be considered abandoned when it fails to operate for more than
one year.
If the owner or operator of the solar energy system fails to remove the
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installation within 150 days of abandonment or the proposed date of
decommissioning, the Town retains the right to use all available means to cause an
abandoned, hazardous, or decommissioned large-scale ground-mounted solar
energy system to be removed.
6.8.9.4.6 Decommissioning Plan and Guarantee. The owner or operator shall
provide the Planning Board with a written decommissioning plan which
includes estimates of the costs of decommissioning. The Planning
Board will require a performance guarantee to ensure funds are available
to cover decommissioning costs. The Guarantee may include the types
of Guarantees included in Section 6.5, a bond or other method that
ensures that costs of decommissioning are covered by the owner or
operator and at not borne by the Town.
1. The National Electricity Code requires fencing for certain sized, ground mounted solar energy
systems.
Page 67
Definitions of Terms
All words and terms not defined herein shall carry their customary and usual dictionary
meaning. Words used in the singular shall include the plural. Words referring to the present tense
shall include the future. References to “person” or “he” shall include persons of all gender.
Abutting Property – Any property with one or more common boundaries, or across the street or stream
from, a parcel of land. An Abutter is the owner of abutting property.
Accessory Structure or Use – A use or structure which is incidental and subordinate to the principal use or
structure. A deck or similar extension of the principal structure, or a garage attached to the principal
structure by a roof or a common wall, is considered part of the principal structure.
Aggrieved Party – An owner of land whose property is directly or indirectly affected by the granting or
denial of a permit under this Ordinance; a person whose land abuts land for which a permit has been
granted; or any other person or group of persons who have suffered particularized injury as a result of
the granting or denial of such permit.
Agriculture – The production, keeping, or maintenance of plants or animals for sale, lease, or personal use.
The practice of agriculture, for the purposes of this ordinance, includes the erection and use of
buildings and structures for the sale or storage of goods produced on the premises, but does not
include value-added processing, or the sale of goods primarily produced off premises.
Affordable Housing - Housing units which are constructed with the intent to sell and/or legally constrained
to households with affordable incomes: eighty (80) percent or less of the median household income
for Kennebec County, as reported by the US Department of Housing and Urban Development.
Applicant - Any person applying for approval under this ordinance.
Buffer Area - A portion of a property or an entire property specifically intended to separate and thus reduce
the effects of a land use activity (e.g. noise, dust, visibility, glare, etc.) on adjacent properties or on
sensitive natural resources. A buffer area is generally unimproved, except that improvements
consisting of landscaping, fencing, earth-mounding or other similar devices, may be installed and
maintained.
Building – Any three-dimensional structure which is used or intended for use for the enclosure of persons,
animals, or property.
Building Envelope – A space designated on a subdivision or development plan within which a structure is
permitted to be built. The building envelope is intended to exclude setbacks, buffer areas, wetlands,
and other areas where development is not legally permitted. The appearance of a building envelope
on an approved development plan constitutes a commitment to develop only within the designated
envelope.
Building Height – The vertical distance between the base of a building, measured at the average grade
level of the foundation, and the top of the building, measured at the roof eave of the highest floor.
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Cluster or Open Space Subdivision - A subdivision in which the lot sizes are reduced below those
normally required in return for the provision of permanent open space.
Commercial Use – The use of lands, buildings, or structures, other than as a home-based business, for the
production of income from the production, buying, or selling of goods or services.
Common Open Space/ Common Property - Land or improvements within or related to a subdivision,
which are not individually owned, and are designed and intended for the common use or enjoyment of
the residents of the development or the general public.
Complete Application - An application shall be considered complete upon submission of the fee and all
information required by this ordinance, with the exception of specified information for which the
Planning Board votes to waive the requirements.
Comprehensive Plan – The most recently adopted version of the Town of Monmouth Comprehensive
Plan.
Conservation Easement - A non-possessory interest in real property imposing limitation or affirmative
obligations, the purposes of which include retaining or protecting natural, scenic or open space values
of real property; assuring its availability for agricultural, forest, recreational or open space use;
protecting specific natural resources; or maintaining air or water quality.
Critical Natural Area – Any geographic area identified by the Comprehensive Plan or by the Maine
Department of Conservation Natural Areas Program, or successor agency, as containing plant or
animal life or geological or ecological features worthy of preservation in their natural condition.
Density - The number of residential units per acre of land.
Developed Area - Any area on which a site improvement or change is made, including buildings, parking
areas, and streets.
Development – Any intentional change to improved or unimproved real estate, including but not limited to
the construction of buildings or other structures, the construction of additions or substantial
improvements to buildings or other structures, or activities that create an intensification of land use or
an increased demand for public services. A Development Plan is a scale drawing of the area to be
developed, including accurate representations of all structures and improvements, and incorporating
attachments and subsidiary plans.
Development Rights – The legal right to be able to place a development on property.
Dimensional Standards – Rules within this ordinance governing the size and location of structures,
including lot area, setbacks, separation distances, lot coverage, and building height.
Direct Watershed of a Great Pond - That portion of the watershed which drains directly to the great pond
without first passing through an upstream great pond. For the purposes of this ordinance, the
watershed boundaries shall be as delineated in the comprehensive plan. Due to the scale of the map
in the comprehensive plan there may be small inaccuracies in the delineation of the watershed
boundary. Where there is a dispute as to the exact location of a watershed boundary that cannot be
resolved based on an on-site investigation, the burden of proof shall lie with the applicant to provide
the Planning Board with information from a registered land surveyor showing where the drainage
division lies.
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Driveway - a vehicular access-way less than five hundred (500) feet in length serving two single-family
dwellings or one two-family dwelling, or less.
Dwelling - Any building or portion thereof designed or used for human habitation. A Single family
dwelling consists of one dwelling unit within a single building. A Two family dwelling contains two
dwelling units within a single building. A Multi-fami1y dwelling contains three or more dwelling
units within a single building.
Dwelling unit - A room or suite of rooms which encompasses interconnected living, cooking, sleeping, and
sanitary facilities, designed for use by a single household.
Earth – Topsoil, sand, gravel, clay, peat, rock, or other materials.
Earth Moving – Earth including all aggregates extracted from a property, introduced to a property or
relocated from an area with in a property to another area within the same property.
Electrical Equipment - Any device associated with solar energy system, such as an outdoor electrical
unit/control box, that transfers the energy from the solar energy system to the intended location.
Electricity Generation (production, output) – The amount of electric energy produced by transforming
other forms of energy, commonly expressed in kilowatt-hours (Kwh) or megawatt-hours (Mwh).
Electronic Message Sign – A sign capable of displaying words, symbols, figures, or images that can be
electronically or mechanically changed at regular or periodic intervals.
Engineered Subsurface Waste Water Disposal System - A subsurface waste water disposal system
designed, installed, and operated as a single unit to treat 2,000 gallons per day or more; or any system
designed to treat waste water with characteristics significantly different from domestic waste water.
Expansion - Any increase in the size of an existing building or development which results in greater floor
area, increased traffic generation, or increased capacity.
Flag lot – A parcel of land with less than the minimum frontage on a public road situated to the rear of an
existing lot with the required minimum road frontage and area. A Flag lot consists of two parts: 1) a
corridor from a public road for access and utilities and 2) a lot of at least minimum width and area for
residential purposes only.
Frame – A complete, static display screen on an electronic message sign.
Frame Effect - A visual effect used on electronic message signs to transition from one message to another.
Forest Management – Practices involved in the cultivation and harvesting of wood products. The term
includes management practices, thinning and pruning, forest road building, tree-cutting and chipping
or rough milling on-site, but does not include permanently established sawmills, pellet foundries,
chipmills, or transportation operations.
Fresh Water Wetland - Areas which are inundated or saturated by surface or ground water at a frequency
and for a duration sufficient to support, and which under normal circumstances do support, a
prevalence of wetland vegetation typically adapted for life in saturated soils; and which are not part of
Page 70
a great pond, river, stream or brook. Fresh water wetlands may contain small stream channels or
inclusions of land that do not conform to the above criteria.
Frontage, Street - The horizontal, straight-line distance between the point of intersection of the side lot
lines with the street right-of-way. Shore Frontage is the horizontal, straight-line distance between the
point of intersection of lot lines and the normal high water mark of a regulated water body.
Gross Floor Area (GFA) – The sum of the gross area all habitable areas of a building or buildings
measured from the exterior walls or from the center lines of walls separating two separately-used
spaces.
Hazardous Materials – Any waste as designated by the Maine Board of Environmental Protection in
Chapter 850 of their rules under the authority of 38 MRSA, Section 1301, et seq. Generally a
hazardous waste exhibits one of the following characteristics: ignitability, corrosivity, reactivity and
toxicity.
Height of Building – The vertical measurement from grade to the highest point of the building, except that
utility structures, such as chimneys, TV antennae, HVAC systems, and roof-mounted solar
energy systems shall not be included in this measurement, nor shall any construction whose sole
function is to house or conceal such structures.
High Intensity Soil Survey - A map prepared by a Certified Soil Scientist, identifying the soil types down
to 1/8 acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified
in accordance with the National Cooperative Soil Survey. The map shall show the location of all test
pits used to identify the soils, and shall be accompanied by a log of each sample point identifying the
textural classification and the depth to seasonal high water table or bedrock at that point. Single soil
test pits and their evaluation for suitability for subsurface waste water disposal systems shall not be
considered to constitute high intensity soil surveys.
Home-Based Businesses – A business, occupation, trade, or profession which is carried on the same parcel
of land as a single-family dwelling by a full-time permanent occupant of the dwelling. Such business
concerns do not meet the definition of a home occupation, but, with the exception of farms, must
conform to the following criteria:
Employees – does not employ more than 4 non-resident employees;
Size – does not utilize a structure larger than 2,000 square feet total;
Noise – does not result in noise levels at the lot lines that exceed those of a residential neighborhood;
Odors – does not result in detectable odors beyond the lot lines;
Parking – does not exceed 10 parking spaces to serve both employees and customers; and
Hazardous materials – if utilized in the business, meets any applicable State or Federal regulations.
Home-based businesses will be reviewed by the Code Enforcement Officer under the provisions of
section 5.1.2.1 unless the Planning Board concludes that specific concerns raised by the nature of the
activities require that they be reviewed as major developments.
Home Occupation – A business, occupation, trade or profession which is carried on in no more than 25%
of the ground area of a dwelling unit or structure accessory to a dwelling unit by a permanent
occupant of the dwelling, which does not employ more than 1 non-resident employee, which his
clearly incidental and secondary to the use of the property for residential purposes, and which does
not change the essential residential character of the property.
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Impact Fee – A fee established by town ordinance which allocates the cost of improvements to shared
public services among multiple developers.
Impervious Surface – Any hard-surfaced, human-made area that does not readily absorb or retain water,
including but not limited to building roofs, paved or graveled parking and driveway areas, sidewalks
and paved recreational facilities.
Industrial Uses – Those establishments which create new (or altered) products from raw materials or other
products through various processes for ultimate distribution and sale. The assembling, fabrication,
finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.
Institutional Uses – Any establishment serving primarily a governmental, educational, fraternal, or other
public function, including schools, municipal and state buildings, fraternal buildings, religious
facilities, and the customary grounds, playing fields, parking lots, and other outdoor facilities
attendant thereto.
Level of Service - A description of the operating conditions a driver will experience while traveling on a
particular street or highway calculated in accordance with the provisions of the Highway Capacity
Manual, 1985 edition, published by the National Academy of Sciences, Transportation Research
Board. There are six levels of service ranging from Level of Service A, with free traffic flow and no
delays, to Level of Service F, with forced flow and congestion resulting in complete failure of the
roadway.
Lot Area – the gross area, in square feet encompassed within a lot or parcel of land.
Lot Coverage - The percentage of a lot covered by all buildings and impervious surfaces.
Lot Lines - The lines bounding a lot consist of the following:
Front Lot Line - Interior lots: the line separating the lot from a street or right-of-way. Corner or through lot:
the line separating the lot from either street or right-of-way.
Rear Lot Line - The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be
an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long,
1ying farthest from the front lot line.
Side Lot Line - Any lot line other than the front or rear lot lines.
Lot of Record – A parcel of land, a legal description of which or the dimensions of which are recorded on
a document or map or, file with the Kennebec County Register of Deeds.
Manufactured Housing - A structural unit or units designed and constructed in a manufacturing facility
and transported, by the use of its own chassis or an independent chassis, to a building site. For the
purposes of this Ordinance, three types of manufactured housing are included. Those are:
1. Those units constructed after June 15, 1976, commonly called newer Manufactured Housings, which the
manufacturer certifies are constructed in compliance with the United States Department of Housing
and Urban Development standards, meaning structures transportable in one or more sections, which
in the traveling mode are 14 body feet or more in width and are 750 or more square feet, and which,
are built on a permanent chassis and designed to be used as dwellings, with or without permanent
foundations, when connected to the required utilities including the plumbing, heating, air conditioning
or electrica1 systems contained in the unit. This term also includes any structure which meets all the
requirements of the preceding paragraph, except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of
Housing and Urban Development and complies with the standards established under the National
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Manufactured Housing Construction and Safety Standards Act of 1974, USC, Title 42, Section 54Ol,
et seq.;
2. Those units commonly called modular homes, which the manufacturer certifies are constructed in
compliance with Title 10, Chapter 957, United States Code, and rules adopted under that chapter,
meaning structures, transportable in one or more sections, which are not constructed on a permanent
chassis and are designed to be used as dwelling, on foundations when connected to required utilities,
including the plumbing, heating, air-conditioning or electrical system, contained in the unit; and
3. Those units called older Manufactured Housings, "house trailers" and "trailers," which are terms that
may be used interchangeably, and mean any factory built home which fails to meet the definition of
"newer Manufactured Housings" above.
Medical Care Facility – A commercial operation which has as its primary purpose the physical or
psychological care of persons on a in-patient basis, including, but not limited to, hospitals, rest
homes, nursing homes, treatment centers.
Mixed Use – The use of property for a combination of a residential with any non-residential purpose. The
uses may be within the same building or on the same premises.
Manufactured Housing Park - A parcel of land under unified ownership approved by the Town for the
placement of 3 or more manufactured homes. The Manufactured Housing Park Lot is the area of
land on which an individual manufactured home is situated within a Manufactured Housing park; and
which is reserved for use by the occupants of that home. All individual Manufactured Housing park
lots shall be designated on an approved plan for a Manufactured Housing park.
Manufactured Housing Subdivision - A parcel of land approved by the Town for the placement of
manufactured homes on individually owned lots.
Mounting. The manner in which a solar PV system is affixed to the roof or ground (i.e. roof mount or
ground mount.
Multi - Family Development - A subdivision consisting of three (3) or more dwelling units within a each
proposed building.
Nonconforming - A building, structure, lot, use of land, or portion thereof, existing on June 26, 1993, or
the effective date of an amendment of this Ordinance which thereafter fails to conform to all
applicable provisions of this Ordinance.
Occupancy – The commencement of use of the building or structure for the purpose for which it was
erected. A home or business is considered to be occupied from the time when the owner or tenant
begins to use the property for its primary purpose on a regular basis.
Permanent Foundation - The term means all of the following:
1. A full poured concrete or masonry foundation;
2. A poured concrete frost wall or a mortared masonry frost wall, with or without a concrete floor;
3. A reinforced floating concrete pad, and
4. Any foundation which meets the standards of the Maine Uniform Building Code for one- and two-
family dwellings.
Pitched Shingled Roof --A roof with a pitch of 2 or more vertical units for every 12 horizontal units of
measurement and which is covered with asphalt or fiberglass composition shingles or other materials,
but specifically excludes corrugated metal roofing material.
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Principal Building or Structure – The building or structure occupied by the principal use of the premises.
Principal Use – The primary use to which the premises are devoted and the main purpose for which the
premises exist.
Professional Engineer - An engineer, registered to practice in the State of Maine.
Public Water System - A water supply system that provides water to at least fifteen (15) service
connections or services water to at least twenty-five (25) individuals daily for at least thirty days a
year.
Recreational Area or Facility – A place designed and equipped for the conduct of indoor and/or outdoor
sports, leisure time activities and other customary and usual recreational activities.
Retail business – A commercial operation which has as its primary purpose the sale of goods or
merchandise to the general public for personal or household consumption and rendering of services
incidental to those goods. The term includes among other things grocery stores, discount stores, gas
stations, the sale of live vegetation, and take-out food service.
Right-of-way – All public streets, state and federal highways, private ways and easements, and public land
reservations for the purpose of public access, including utility rights-of-way.
Seating Capacity – The maximum permissible occupancy of any public building, including restaurants,
meeting rooms, and places of public assembly, as designated by the State Fire Marshal or code
requirements.
Setback -- The minimum horizontal distance from a lot line or shore line to the nearest part of a building or
other regulated structure.
Sight Distance - The length of an unobstructed view from a particular access point to the farthest visible
point of reference on a roadway. Sight distance is measured from a point 3.5 feet above ground level
ten feet behind the edge of the road to a point 4.25 feet above ground level in the travelled way.
Sign – Any object, device, display, or structure, or part thereof, which is used to advertise, identify, or
otherwise attract attention to the existence or location of a business, service, merchandise,
organization or public use of a property through the use of words, figures, designs, or symbols. A
free-standing sign is one which is not directly attached to a building.
Sketch Plan - Conceptual maps, renderings, and supportive data describing the project proposed by the
applicant for initial review prior to submitting an application for development approval.
Street - Public and private ways such as alleys, avenues, highways, roads, and other rights-of-way, as well
as areas on subdivision plans designated as right-of-way for vehicular access other than driveways.
A State highway is one of the major thoroughfares which serve as traffic ways for travel between and
through Monmouth and have seasonal or year-round maintenance by the State of Maine. State
highways include US 202, Maine Routes 9/126, 132, and 135, Maple Street, and Cobboseecontee
Road.
A Local Street (town way) is a street that is maintained year-round by the Town of Monmouth.
A Private Street is a street that is not owned or maintained by the Town or the State, regardless of whether
the general public is entitled to access upon it.
A cul-de-sac is a circular turn-around at the end of a dead-end street.
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Structure – Anything constructed or erected, the use of which requires a fixed location on or in the ground
or in the water, or an attachment to something having a fixed location on the ground. The term
includes, but is not limited to, buildings, commercial display and storage areas, carports, porches, and
other building features, including stacks and antennas, but does not include sidewalks, driveways,
fences, patios built at grade level, and field, garden, or retaining walls. The definition of structure
excludes Sub-Surface waste disposal.
Structural Change – The cutting, adding to or otherwise altering of any support beams or materials
necessary to maintain structural integrity of a building.
Substantial Start – The installation of all foundation walls, pilings and first floor deck, or installation of a
subsurface wastewater disposal system for a building or structure.
Subdivision – A division of land or buildings as provided in Maine statute, 30-A MRSA, § 4401(4). A
non-conventional subdivision is any subdivision that does not result in the creation of new lots
meeting the dimensional standards of this ordinance.
Temporary Structures – Temporary structures are not attached to any permanent sub structure and include
but are not limited to Canvas Garages, Tents, Summer Screen Houses.
Time and Temperature Sign – A type of electronic message sign which displays only public service
information such as time, date, and temperature, and which does not display within the frame any
symbols or advertising messages.
Tract or Parcel of Land - All contiguous land in the same ownership, whether or not the tract is separated
at any point by: an intermittent or non-navigable stream or a private street established by the abutting
land owners.
Usable Open Space - That portion of common open space which due to its slope, drainage characteristics
and soil conditions can be used for active recreation, horticulture or agriculture.
Use - The purpose for which land or building or structure or a part thereof is arranged, designed, intended or
occupied.
Variance – Judicial relief from dimensional standards of this ordinance granted by the Board of Appeals
under specific conditions and following a public hearing.
Vernal Pool – An area of land which, by reason of seasonal high water table, supports specific groupings of
plant and animal life, as identified under guidelines promulgated by the Maine Department of
Environmental Protection.
Wireless Communications Facility – A tower or other structure mounted with antennae for the purpose of
broadcasting or relaying signals for commercial communications services, including commercial
radio and television, telephonic, and similar services. The term includes support structures, antennae,
maintenance buildings, and all other buildings and structures associated with the service.
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Wind Energy Conversion System – A structure built for the purpose of converting the kinetic energy of
wind into electrical energy. The term includes all towers, turbines, support structures and machinery
associated with the conditioning and provision of wind energy to the electrical system. A Small Wind
Energy System is one which is used primarily for residential or agricultural use and has a rated
capacity of less than 100 kilowatts.
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Comprehensive Development Ordinance
Changes 2012
1) Change Mobile Home to Manufactured Housing Throughout Document
2) Put non-conforming put in own chapter - New chapter 3 and Renumber throughout the rest
of the ordinance
3) Renumbered Section 4.1.1.1 - reduce minimum lot size on public sewer from 20,000 to
15,000 Sq. Ft.
4) Renumbered Section 4.1.2.1 - reduce minimum road frontage on public sewer from 100 to
75 ft
5) Renumbered Section 4.1.2.1 - remove the word public so section applies to all roads
6) Renumbered Section 4.1.2.3 - Change language so it applies to all lots
7) Renumbered Section 4.1.2.4 - Change language so it applies to all lots
8) Renumbered Section 4.1.3.1 - Change language to make setbacks easier to understand
9) Renumbered Section 4.1.3.2 - Change language to make setbacks easier to understand
10) Renumbered Section 4.1.3.4 - Change language to make setbacks easier to understand
11) Renumbered Section 4.1.4.1 - Change language to make lot coverage easier to understand
12) New Section 4.1.6 – Flag Lots – Requirements for flag lots
13) Renumbered Section 5.1.1 – Insert language to authorize Double Fee for failure to get a
building permit
14) Renumbered Section 6.1.2.1 – Change Development Review Options from 2000 to 5000
sq. ft. as in previous ordinance. Changed Parking from 1000 to 2000 sq. ft. added a new
Requirement for Business to single family residential conversions.
15) Renumbered Section 6.1.2.2 – Change Development Review Options from 2000 to 5000
sq. ft. as in previous ordinance. Changed Parking from 1000 to 2000 sq. ft.
16) Renumbered Section 6.4.1.5h – Changed language to give planning board greater latitude
in accepting runoff calculation from qualified individuals or agency’s or engineering firms.
17) Renumbered Section 6.7.3.3 – Changed language to give planning board greater latitude in
accepting runoff calculation from qualified individuals or agency’s or engineering firms.
18) Renumbered Section 6.8.1.2.1 – Changed development Served by public sewer to street
frontage of 75 ft. to conform to other sections of ordinance.
19) Renumbered Section 6.8.2 – Change language to allow Senior Citizens to own their lot
20) Renumbered Section 6.8.2 – Other Changes in sub section of this section to clarify
ownership, lot size, dimensional requirements, display for sale, movement and other
requirement for manufactured housing parks.
21) Renumbered Section 6.8.3 – Clarify Language
22) Renumbered Section 6.8.5.1 – Clarify that dimensional requirements do not apply to leased
land but to the entire lot the land is leased from.
23) Renumbered Section 6.8.6.1.3 – This section is not necessary.
24) Renumbered Section 6.8.7.3 – Remove windmill tower height restriction
25) Renumbered Section 6.8.7.4 – Ease multiple install restriction on non-commercial systems.
26) Renumbered Section 6.8.7.8 – Higher towers may require lighting per federal regulations.
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Comprehensive Development Ordinance
Changes 2015
1) Deleted Section 4.1.3.2.1 – 70 Foot Setback on Rte. 202
2) New Section 4.1.7 Unbuilt Lots of Record
3) Section 5.4.4.4 – Added Carbon Monoxide and Heat Detectors
4) Section 6.1.2.1 – Removed Redundant Wording and Corrected inconsistent Size Requirement
5) Section 6.4.1.4 – Added new section q to comply with State law.
Comprehensive Development Ordinance
Changes 2020
1) Section 6.8.8
2) New Section 6.8.9 Solar Energy Systems
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