6.5.1. Purpose - Aquifer Protection Zone: In order to provide for the protection and conservation of the quality and quantity of groundwater, in accordance with the provisions of 30-A M.R.S.A. § 3001 and 38 M.R.S.A. § 401, an Aquifer Protection Zone is hereby created.
6.5.2. Scope - Aquifer Protection Zone: This Zone applies to any structure or use extending to within 300' of a mapped 50+ GPM sand and gravel aquifer.
6.5.3. Nature and Effect - Aquifer Protection Zone: The Aquifer Protection Zone shall overlay the existing districts created by this ordinance, and its terms shall supersede any requirements of said underlying districts, unless the underlying requirements are more restrictive than those set forth here, in which case the more restrictive shall govern.
6.5.4. Districts - Aquifer Protection Zone: The Aquifer Protection Zone shall be divided into the following districts:
A. Rural
B. Commercial
6.5.5. Non-Conformance - Aquifer Protection Zone: The Non-Conformance provisions of Article V of this Ordinance shall apply in the Aquifer Protection Zone, as well as the following additional limitations on the expansion of non-conforming structures and uses:
A. Lot Coverage: A non-conforming structure, including a driveway, parking lot, or any other structure with an impervious surface may be expanded only if the total area of all structures, parking lots and other impervious surfaces on the same lot after the proposed expansion will cover no more than twenty (20) percent of the lot, or portion thereof, located within the Aquifer Protection Zone, except in the Commercial District, where lot coverage shall not exceed twenty-five (25) percent.
B. Change of Use of a Non-Conforming Structure: The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the sand and gravel aquifer than the existing use.
In determining whether greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, which shall include, but may not be limited to, a hydrogeological survey demonstrating that the sand and gravel aquifer will not be more adversely impacted by the proposed use than by the existing use.
6.5.6. Rural District - Aquifer Protection Zone.
The Rural District includes those areas in the Rural District (as described in Article 4.3.A of this Ordinance) that are also in the Aquifer Protection Zone.
6.5.7. Commercial District - Aquifer Protection Zone.
The Commercial District those areas in the Commercial District (as described in Article 4.3.D of this Ordinance) that are also in the Aquifer Protection Zone.
6.5.8. Table of Land Uses - Aquifer Protection Zone.
All land use activities, as indicated in the following Table, Land Uses in the Aquifer Protection Zone, shall conform with all of the applicable land use standards in Section 6.5.9 below. The district designation for a particular site shall be determined from the Official Zoning Map of the Town of Limington, and the Maine Geological Survey "Hydrogeological Data for Significant Sand and Gravel Aquifers," Map #4 (1985), and Maps #12 and 13 (1987).
Key:
| Y | - | allowed (no permit required, but the use must comply with all applicable land use standards)
|
| PI | - | Plumbing Inspector Permit Required
|
| CO | - | permitted use (Code Enforcement Officer Permit Required)
|
| PB | - | conditional use (Planning Board Permit Required)
|
| N | - | prohibited use
|
| RU | - | Rural District
|
| SH | - | Shoreland District
|
| C | - | Commercial District
|
| LAND USES IN THE AQUIFER PROTECTION ZONE | RU | C
|
|---|
| 1. NON-INTENSIVE RECREATIONAL USES NOT REQUIRING STRUCTURES SUCH AS HUNTING, FISHING, AND HIKING | Y | Y
|
| 2. MOTORIZED VEHICULAR TRAFFIC ON EXISTING ROADS AND TRAILS | Y | Y
|
| 3. FOREST MANAGEMENT ACTIVITIES EXCEPT FOR TIMBER HARVESTING | Y | Y
|
| 4. TIMBER HARVESTING | CO | Y
|
| 5. CLEARING OF VEGETATION FOR APPROVED CONSTRUCTION AND OTHER ALLOWED USES | CO | Y
|
| 6. FIRE PREVENTION ACTIVITIES | Y | Y
|
| 7. WILDLIFE MANAGEMENT ACTIVITIES | Y | Y
|
| 8. SOIL AND WATER CONSERVATION PRACTICES | Y | Y
|
| 9. MINERAL EXPLORATION | CO | CO
|
| 10. MINERAL EXTRACTION INCLUDING SAND AND GRAVEL | PB | PB
|
| 11. SURVEYING AND RESOURCE ANALYSIS | Y | Y
|
| 12. EMERGENCY OPERATIONS | Y | Y
|
| 13. AGRICULTURE | PB | PB
|
| 14. AQUACULTURE | N | N
|
15. PRINCIPAL STRUCTURES AND USES
A. ONE AND TWO FAMILY RESIDENTIAL | PB | PB
|
| 15. B. RESIDENTIAL - THREE OR MORE FAMILIES | N | N
|
| 15. C. COMMERCIAL | N | PB
|
| 15. D. INDUSTRIAL | N | N
|
| 15. E. GOVERNMENTAL AND INSTITUTIONAL | N | PB
|
| 15. F. SMALL NON-RESIDENTIAL FACILITIES FOR EDUCATION, SCIENTIFIC, OR NATURE INTERPRETATION PURPOSES | PB | PB
|
16. PIERS, DOCKS, WHARVES, BRIDGES, AND OTHER STRUCTURES AND USES OVER OR BELOW THE HIGH WATER LINE OR WITHIN A WETLAND
A. TEMPORARY | N | N
|
| 16. B. PERMANENT | N | N
|
| 17. CONVERSIONS OF SEASONAL RESIDENCES TO YEAR-ROUND RESIDENCES | CO | CO
|
| 18. HOME OCCUPATIONS | PB | PB
|
| 19. PRIVATE SEWAGE DISPOSAL SYSTEMS FOR ALLOWED USES | PI | PI
|
| 20. ESSENTIAL SERVICES | PB | PB
|
| 21. SERVICE DROPS, AS DEFINED, TO ALLOWED USES | Y | Y
|
| 22. PUBLIC AND PRIVATE RECREATIONAL AREAS INVOLVING MINIMAL STRUCTURAL DEVELOPMENT | PB | PB
|
| 23. INDIVIDUAL, PRIVATE CAMPSITES | CO | CO
|
| 24. CAMPGROUNDS | PB | PB
|
| 25. ROAD AND DRIVEWAY CONSTRUCTION | PB | PB
|
| 26. PARKING FACILITIES | N | PB
|
| 27. MARINAS | N | N
|
| 28. FILLING AND EARTHMOVING OF LESS THAN 30 CUBIC YARDS | CO | CO
|
| 29. FILLING AND EARTHMOVING OF MORE THAN 30 CUBIC YARDS | PB | PB
|
| 30. SIGNS | Y | Y
|
| 31. USES SIMILAR TO ALLOWED USES | CO | CO
|
| 32. USES SIMILAR TO USES REQUIRING A CO PERMIT | CO | CO
|
| 33. USES SIMILAR TO USES REQUIRING A PB PERMIT | PB | PB
|
6.5.9. Land Use Standards - Aquifer Protection Zone.
All land use activities within the Aquifer Protection Zone shall conform with the following provisions, if applicable.
A. Minimum Lot Standards - Aquifer Protection Zone.
1.
| | Minimum Lot
Area (sq. ft.)
_____________
|
| Residential, per
dwelling unit | 120,000
|
| Governmental,
Institutional or
Commercial, per
principal structure | 60,000
|
| Public and Private
Recreational Facilities | 60,000
|
2. If more than one residential dwelling unit or more than one principal commercial light structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure.
B. Requirement of Hydrogeological Study - Aquifer Protection Zone. No development activities shall be permitted within the Aquifer Protection Zone unless a hydrogeological study has been conducted and accepted by the Planning Board demonstrating that the sand and gravel aquifer will not be adversely impacted by the development.
C. Lot Coverage - Aquifer Protection Zone.
1. The total area of any new structure permitted in the Aquifer Protection Rural District, including paved areas and other impervious surfaces, shall not exceed ten (10) percent of any lot, or portion thereof, located within the Aquifer Protection District.
2. The total area of any new structure permitted in the Aquifer Protection Commercial District, including paved areas and other impervious surfaces, shall not exceed fifteen (15) percent of any lot, or portion thereof, located within the Aquifer Protection District.
D. Uses Involving Hazardous or Special Waste Materials Prohibited. The following new uses are prohibited within the Aquifer Protection Zone:
1. Automobile graveyards.
2. Automobile washing facilities.
3. Automobile or other vehicle service and/or repair operations, including body shops.
3. Chemical and bacterological laboratories.
4. Storage of chemicals, including herbicides, pesticides or fertilizers other than in amounts normally associated with individual households or farms.
5. Commercial painting, wood preserving, and furniture stripping.
6. Dry cleaning establishments.
7. Electronic circuit assembly.
8. Junk yards.
9. Laundromats, unless connected to a sanitary sewer.
10. Metal plating, finishing or polishing.
11. Petroleum or petroleum product storage and/or sale except storage on same property as use occurs.
12. Photographic processing.
13. Printing.
14. Salt storage.
15. Waste disposal.
16. Other uses which involve hazardous or special waste materials, including petroleum and petroleum products.
E. Soils - Aquifer Protection Zone.
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, water pollution, and aquifer contamination, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas (including subsurface aquifers), maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
6.2.10. Performance Standards - Aquifer Protection Zone.
A. Agriculture - Aquifer Protection Zone.
1. All spreading or disposal of manure shall be accomplished in conformance with the Maine Guidelines for Manure and Manure Sludge Disposal on Land published by the University of Maine Soil and Water Conservation Commission in July, 1972.
2. No new facilities for the storage or stockpiling of Manure shall begin operation within the Aquifer Protection Zone after the effective date of this Ordinance without a Planning Board Permit. Any application for such a permit shall be accompanied by a hydrogeological survey demonstrating that the sand and gravel aquifer will not be adversely impacted by the proposed facility. All manure storage areas within the Aquifer Protection Zone must be constructed or modified such that they produce no discharge of effluent or contaminated storm water. Existing facilities which do not meet this requirement may remain in operation after the date of this Ordinance, but must meet the no-discharge provision within the above five (5) year period.
3. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal or storage of manure within the Aquifer Protection Zone shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of the required Plan shall be considered to be a violation of this Ordinance.
4. After the effective date of this Ordinance, newly established livestock grazing areas shall not be permitted within the Aquifer Protection Zone except with a Planning Board Permit. Livestock grazing associated with ongoing farm activities, and which is not in conformance with the above provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan filed with the Planning Board.
B. Timber Harvesting - Aquifer Protection Zone.
1. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted within the Aquifer Protection Zone. In addition:
a. Within the Rural District in the Aquifer Protection Zone, there shall be no clearcut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
b. Within the Commercial District in the Aquifer Protection Zone, harvesting operations shall not create single clearcut openings greater than ten-thousand (10,000) square feet in the forest canopy. Where such openings exceed five-thousand (5000) square feet they shall be at least one hundred (100) feet apart. Such clearcut openings shall be included in the calculation of total volume removal. For the purposes of these standards volume may be considered to be equivalent to basal area.
2. Slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Burning of slash is prohibited.
C. Clearing of Vegetation for Development - Aquifer Protection Zone.
1. Except to allow for the development of permitted uses, within a the Rural District in the Aquifer Protection Zone, there shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown Selective cutting of trees is permitted provided that a well distributed stand of trees and other vegetation is maintained. For the purposes of this section a "well-distributed stand of trees and other vegetation" shall be defined as maintaining a rating score of 12 or more in any 25-foot by 25-foot square (625 square feet) area as determined by the following rating system.
Diameter of Tree
at 4-1/2 feet Above
Ground Level (inches) | Points
|
| 2 - 4 in. | 1
|
| >4 - 12 in. | 2
|
| >12 in. | 4
|
Thus, if a 25-foot by 25-foot plot in the Rural District within the Aquifer Protection Zone contains trees worth a total of 20 points, trees worth a total of 8 points may be removed from the plot (20 - 8 = 12), provided that no cleared openings are created.
Notwithstanding the above provisions, no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.
2. Except to allow for the development of permitted uses, within the Commercial District in the Aquifer Protection Zone, there shall be permitted on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.
In no event shall cleared openings for development, including but not limited to principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, 25% of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed. This provision shall not apply to the Commercial District.
3. Cleared openings legally in existence on the effective date of this Ordinance may be maintained, but shall not be enlarged, except as permitted by this Ordinance.
4. Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.