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Sec. 2. Shoreland area standards. Statement of purpose. The purpose of this section is to further maintain the safe and healthful conditions of the city and neighboring communities; to prevent and control water pollution, to protect aquatic life, bird and other habitat; to protect buildings and lands from accelerated erosion and flooding; to protect historic resources; to protect wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual, as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in the shoreland areas. Applicability. Unless otherwise specified, the standards of this section shall apply to: All land areas within 250 feet, horizontal distance, of the normal high watermark of the Androscoggin River, No Name Pond, and to all areas included within the Resource Conservation District, as shown on the "Official Zoning Map of the City of Lewiston, Maine"; all land areas within 75 feet, horizontal distance, of the normal high-water line of No Name Brook, No Name Brook Tributary B, Stetson Brook and Salmon Brook (beginning at the confluence of Moody and Salmon Brook to the Androscoggin River). All land areas within 250 feet, horizontal distance, of the defined upland edge of all ten acre or greater wetlands, located in the City of Lewiston, as shown on the City of Lewiston Fresh-Water Wetland Maps prepared by the Maine Department of Environmental Protection, dated 1989, and identified by the following wetland identification numbers: 56 through 62. Any structure, existing or proposed, built on, over, or abutting a dock, wharf, or pier, or other structures extending beyond the normal high-water line of a water body or within a wetland. All land areas within 25 feet, horizontal distance, of the normal high-water line of Salmon Brook, Moody Brook, No Name Brook Tributary A, Hart Brook and Jepson Brook. Land use standards. All land use activities within the Shoreland area shall conform with the space and bulk standards of the zoning district in which they are located, and the standards set forth in this section. Nothing in this section shall permit uses in districts where such uses are not otherwise permitted. Whenever a provision of this section conflicts with or is inconsistent with another provision of this section, other sections, or any other ordinance, regulation or statute, the more restrictive provision shall be adhered to. Principal and accessory structures. All new principal and accessory structures shall be set back at least: 100 feet, horizontal distance, from the normal high-water line of No Name Pond; 75 feet, horizontal distance, from the Androscoggin River, and those "brooks" as listed ---PAGE BREAK--- under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section; and 25 feet, horizontal distance, from the normal high-water line, from those "brooks" as listed under subsection of this section and in general development areas. This minimum setback distance for all new principal and accessory structures shall not be reduced by variance. These standards shall not apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, or other functionally water-dependent uses. The maximum impervious surface ratio for all land areas within the Shoreland area shall not exceed 20 percent. However, if the standard is more stringent for the zoning district in which the land area is located, then the stricter standard shall apply. For all subdivisions, where all or a portion of the subdivision is located within the Shoreland area, this maximum impervious surface ratio shall be based on the entire portion of the subdivision which is located within the Shoreland area and shall not be computed on an individual lot basis. However, no individual lot, whether totally or partially within the Shoreland area shall exceed the maximum impervious surface ratio for the zoning district in which the lot is located. In some cases, the maximum impervious surface ratio that is allowed in a zoning district may need to be reduced on a lot-by-lot basis for those lots located totally or partially within a Shoreland area in order to meet the 20 percent maximum impervious surface ratio for the entire portion of the subdivision located within the Shoreland area. Deed covenants for those impacted lots must be submitted to the planning board limiting the maximum impervious surface ratio in order to meet the required standard. These maximum impervious surface ratios shall not be reduced by modification or variance. Notwithstanding the aforementioned requirements, stairways or similar structures may be allowed with a permit from the code enforcement director, to provide shoreline access in areas of steep slopes or unstable soils, provided that all of the following are met: a. The applicant demonstrates that no reasonable access alternative exists on the property. b. The structure is limited to a maximum of four feet in width. c. The structure does not extend below or over the normal high-water line of a water body, or beyond the defined upland edge of a wetland unless permitted by the Department of Environmental Protection pursuant to Natural Resources Protection Act, Title 38, Sec. 480-C. Nonconforming structures shall adhere to the standards outlined under article VI, section 3 of this Code. Minimum lot size and shore frontage. For the purposes of this subsection, shore frontage shall be defined as follows; the length of a lot bordering on a great pond, river or stream, measured in a straight line between the intersections of the lot lines with the shoreline at normal ---PAGE BREAK--- high-water elevation or the length of a lot bordering the upland edge of those wetlands as listed under subsection of this section. The minimum lot size for all residential uses located in a shoreland area shall be 40,000 square feet per dwelling unit. If the lot abuts No Name Pond, the Androscoggin River, or those "brooks" as listed under subsection of this section, or abuts the upland edge of those wetlands as listed under subsection of this section, then the lot must also have 200 feet of shore frontage. This standard shall also apply to all public and private recreational facilities. The minimum lot size for all governmental, institutional, commercial, or industrial uses located in a shoreland area shall be 60,000 square feet per principal structure. If the lot abuts No Name Pond, the Androscoggin River, or those "brooks" as listed under subsection of this section, or abuts the upland edge of those wetlands as listed under subsection of this section, then the lot must also have 300 feet of shore frontage. Two or more existing lots of record which do not meet the minimum lot size and shore frontage requirements outlined in subsection above shall adhere to the standards as outlined under article VI, subsection 2(g) of this Code. Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area. The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line if a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use. Parking areas. Parking areas shall meet the setback requirements for new principal and accessory structures. Parking areas that service public boat launching facilities or other functionally dependent uses may be reduced to no less than 50 feet from the normal high-water line or upland edge of a wetland by the reviewing authority if it finds that no other reasonable alternative exists. If no review is required, the code enforcement director shall approve the reduction request. Agriculture. Agricultural practices shall be conducted in such a manner as will minimize soil erosion and contamination of surface waters by sedimentation, nutrient enrichment and fecal bacteria. All spreading or disposal of manure shall be accomplished in conformance with the "Maine Standards for Manure and Manure Sludge Disposal on Land," issued by the University of Maine and the Maine Soil and Water Conservation Commission in 1972, as amended. An untilled filter strip of no less than 25 feet in width, measured as horizontal distance, of natural vegetation shall be retained between existing tilled ground ---PAGE BREAK--- and/or the normal high-water line of the surface waters or the upland edge of those wetlands protected by this section, in accordance with a plan approved by the Androscoggin Valley Soil and Water Conservation District for compliance with the standards of the district's technical guide for preventing erosion and sedimentation. Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of the high-water line of No Name Pond, nor within 75 feet, horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, nor within 25 feet horizontal distance, of the high-water line of those "brooks" as listed under subsection of this section. Within five years of the effective date of this ordinance [October 21, 1999], all manure storage areas within the Shoreland area must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater. Existing facilities which do not meet the setback requirement may remain, but must meet the no discharge provision within the above five-year period. Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, or the spreading, disposal or storage of manure within the Shoreland area shall require a soil and water conservation plan to be filed with the code enforcement director. Nonconformance with the provisions of said plan shall be considered to be a violation of this appendix. There shall be no new tilling of soil within 100 feet, horizontal distance of the normal high-water line of No Name Pond, nor within 75 feet, horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, nor within 25 feet horizontal distance, of the high-water line of those "brooks" as listed under subsection of this section. Operations in existence on the effective date of this ordinance [October 21, 1999] and not in conformance with this provision may be maintained. After the effective date of this appendix, newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance of the normal high-water line of No Name Pond, nor within 75 feet, horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, nor within 25 feet horizontal distance, of the high-water line of those "brooks" as listed under subsection of this section. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a soil and water conservation plan. Archaeological sites. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and ---PAGE BREAK--- comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the commission prior to rendering a decision on the application. Erosion and sedimentation control. The applicant shall implement erosion and sedimentation control measures in compliance with Maine Law, 38 M.R.S.A. § 420-C, and regulations promulgated thereunder, as amended. In addition, the applicant shall implement specific erosion and sedimentation measurers consistent with those identified in the Maine Erosion and Sedimentation Control BMP's Pub. No. DEPLW0588, published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, (March 2003). On slopes greater than 25 percent, there shall be no grading or filling within 100 feet, horizontal distance, from the normal high-water line of No Name Pond, nor within 75 feet, horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, nor within 25 feet horizontal distance, of the high-water line of those "brooks"" as listed under subsection of this section, other than for road construction or water crossings, except to protect the shoreline and prevent erosion. All activities which involve filling, grading, lagooning, dredging, earth-moving, excavation, or other similar land use activities which result in unstabilized soil conditions shall be conducted in such manner to prevent, to the maximum extent possible, erosion and sedimentation of surface waters. Activities which require a permit, whether or not in conjunction with development review, shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the review and/or permitting authority for approval and shall meet the requirements of Maine Law, 38 M.R.S.A. § 420-C, and regulations promulgated thereunder, as amended. In addition, the plan shall be consistent with the standards identified in the Maine Erosion and Water Quality, (March 2003). Soils, buffers and wetland alteration. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal and commercial or industrial 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, 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. Based on the results of the soils report, additional reports or studies may be required, such as wetland delineations and high-intensity soil surveys. ---PAGE BREAK--- No filling, dredging or other earth-moving shall be carried out within the limits of a wetland as identified by the Maine Department of Inland Fisheries and Wildlife or the Maine Department of Environmental Protection except in conjunction with road construction as set forth in subsection Within 75 feet horizontal distance, from the normal high-water line of No Name Pond and 50 feet, horizontal distance, from the Androscoggin River and those "brooks" as listed under subsection of this section, on the upland edge of those wetlands as listed under subsection of this section; and 25 feet, horizontal distance, from other water bodies, tributary streams and wetlands within the Shoreland area, the land shall be maintained in a natural vegetative state. All existing buildings and structures which do not meet this standard shall adhere to the nonconformance section of this appendix and subsection of this section, unless otherwise provided for under subsection All other impervious surfaces shall meet the standard set forth in subsection of this section, unless otherwise provided for under subsection If the current impervious surface ratio is in excess of this standard, the impervious surfaces shall not be expanded, unless other provided for under subsection Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the code enforcement officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety. Mineral extraction may be permitted under the following conditions: A reclamation plan shall be filed with, and approved by the planning board (for major projects), development review committee (for minor projects), or code enforcement director (if no review is required) before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of subsection below. Unless authorized pursuant to the Natural Resources Protection Act, Title 38 M.R.S.A. Section 480-C, no part of any extraction operation, including drainage and runoff control features shall be permitted within 100 feet, horizontal distance, of the normal high-water line of No Name Pond, nor within 75 feet, horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, nor within 25 feet horizontal distance, of the high-water line of those ""brooks" as listed under subsection of this section. Extraction operations shall not be permitted within 75 feet of any property line, without written permission of the owner of such adjacent property. Developers of new gravel pits along the Androscoggin River shall demonstrate that no reasonable mining site outside the Shoreland area exists. When gravel pits must be located within the Shoreland area, they shall be set back as far as ---PAGE BREAK--- practicable from the normal high-water line and no less than 100 feet, horizontal distance, and screened from the river by existing vegetation. This standard shall not be reduced by variance. Existing, legally established gravel pits that do not meet the 100-foot setback shall not expand their earth removal activities which are located within the 100-foot setback. Within 12 months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive 12-month period, ground levels and grades shall be established in accordance with the following: a. All debris, stumps and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site. Note: The State of Maine Solid Waste Laws, Title 38 M.R.S.A. section 1310 and Chapter 404 of the Department of Environmental Protection's regulations may contain other applicable provisions regarding disposal of such materials. b. The final graded slope shall be two to one slope or flatter. c. Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project. In keeping with the purposes of this ordinance, the planning board (for major projects), development review committee (for minor projects), or code enforcement director (if no review is required), may impose such conditions as are deemed necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources. Roads, driveways, and water crossings. The following standards shall apply to the construction and maintenance of roads, driveways, water crossings, drainage systems, culverts and other related features. In addition to these standards, roads shall be constructed in accordance with the City of Lewiston's Policy for the Design and Construction of Streets and Sidewalks, adopted by the city council pursuant to chapter 66, article IV, section 66-96 of this Code. Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of No Name Pond, 75 feet from the horizontal distance, of the high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, unless no reasonable alternative exists as determined by the planning board (for major projects), staff review committee (for minor projects), or code enforcement director (if no review is required). If no other reasonable alternative exists, the planning board (for major projects), staff review committee (for minor projects), or director of planning and code enforcement (if no review is required) may reduce the road and/or driveway setback requirement to no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to ---PAGE BREAK--- prevent sedimentation of the water body. All techniques used shall comply with Maine Law, 38 M.R.S.A. § 420-C, and regulations promulgated thereunder, as amended, and shall be consistent with measurers identified in the Maine Erosion and Sedimentation Control BMPs Pub. No. DEPLW0588, published by the Maine Department of Environment Protection, Bureau of Lane and Water Quality, (March 2003). Roads and driveways shall be set back at least 25 feet horizontal distance, from the high-water line of those "brooks" as listed under subsection of this section. On slopes of greater than 20 percent, the road and/or driveway setback shall be increased by ten feet, horizontal distance, for each five percent increase in slope above twenty percent. This subsection shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline due to an operational necessity. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body. New roads and driveways are prohibited within the resource conservation district except: a. To provide access to structures or facilities within the zone; or b. As by the planning board upon a finding that no reasonable alternative route or location is available out side the resource conservation district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream or up land edge of a wetland and screened from the river by existing vegetation. Road banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in subsection Road grades shall be no greater than ten percent except for short segments of less than 200 feet. In order to prevent road surface drainage from directly entering water bodies, roads shall be designed and constructed using appropriate techniques used to prevent sedimentation of the water bodies. All techniques used shall comply with Maine Law, 38 M.R.S.A. § 420-C, and regulations promulgated thereunder, as amended, and shall be consistent with measurers identified in the Maine Erosion and Sedimentation Control BMPs Pub. No. DEPLW0588, published by the Maine Department of Environment Protection, Bureau of Lane and Water Quality, (March 2003). Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply: a. Ditch relief culverts, drainage dips and associated water turnouts shall be ---PAGE BREAK--- spaced along the road at intervals no greater than indicated in the following table: TABLE INSET: b. Drainage dips may be used in place of ditch relief culverts only where the road grade is ten percent or less. c. On road sections having slopes greater than ten percent, ditch relief culverts shall be placed across the road at approximately a 30-degree angle downslope from a line perpendicular to the centerline of the road. d. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials. Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning. Subsurface sewage disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules (hereinafter referred to as "rules"), and the following: The minimum setback for new subsurface sewage disposal systems shall be no less than 100 feet, horizontal distance, from the normal high-water line of No Name Pond, the Androscoggin River, and those "brooks" as listed under subsection of this section; or the upland edge of those wetlands as listed under subsection of this section; and 50 feet, horizontal distance, from other water bodies, tributary streams and wetlands within the Shoreland area. The minimum setback distances for new subsurface sewage disposal systems shall not be reduced by variance, and in no case, shall be any less than 50 feet. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least 1,000 square feet in size. The conversion of cottages or camps from seasonal to year-round use shall comply with the terms of the rules, including article XII, section 2(m), subsections and above, for such conversion. Replacement systems shall be allowed only in conformance with the provisions and procedures of the rules, including article XII, section 2(m), subsections and above, for such systems. ---PAGE BREAK--- Stormwater runoff and water quality. All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions and shall meet the requirements described in article XIII, section 4. All methods for erosion and sedimentation control shall comply with Maine Law, 38 M.R.S.A. § 420-C, and regulations promulgated thereunder, as amended. In addition, the applicant shall implement specific erosion and sedimentation measures consistent with those identified in the Maine Erosion and Sedimentation Control BMPs Pub. No. DEPLW0588, published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, (March 2003). Campgrounds and individual private campsites. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following: a. Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetations, and land below the normal high-water line of a water body shall not be included in calculating land area per site. b. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of No Name Pond, 75 feet horizontal distance, from the normal high-water line of the Androscoggin River and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, and 25 feet horizontal distance, of the high-water line of those "brooks" as listed under subsection of this section. Individual, private campsites not associated with campgrounds are permitted provided the following conditions are met: a. One campsite per lot existing on the effective date of this ordinance, or 30,000 square feet of lot area within the Shoreland area, whichever is less, may be permitted. b. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of No Name Pond, 75 feet, horizontal distance, from the normal high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section, and 25 feet horizontal distance, from the high-water line of those "brooks" as listed under subsection of this section. c. Recreational vehicles shall not be located on any type of permanent foundation except for a gravel road, and no structure(s) except canopies shall be attached to the recreational vehicle. ---PAGE BREAK--- d. The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a resource conservation district shall be limited to 1,000 square feet. e. A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local plumbing inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required. f. When a recreational vehicle, tent or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities. g. These standards shall not be reduced by variance. Structures related to water bodies. In addition to state or other permits which may be required for piers, docks, floats, ramps and other structures lying in or projecting into water bodies, such structures shall meet the following standards: Access from shore shall be developed on soils appropriate for such use and constructed so as to reasonably control erosion. The location shall not unreasonably interfere with other established uses. The facility shall be located so as to minimize adverse effects on fisheries. Essential services. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors. The installation of essential services is not permitted in a resource conservation (RC) district, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts. Timber harvesting. Timber harvesting activities in Shoreland areas shall conform with the following provisions: a. Timber harvesting, other than for road building and water crossings or in conjunction with approved development activities, shall not remove, in any ten-year period, more than 40 percent of the volume on each acre involved of trees four inches in diameter and larger, measured at four and one-half feet above ground level, applied equally to all size classes (six-inch, eight-inch, ten-inch, etc.) within the area being harvested. Removal of trees less than four inches in diameter, measured as above, is permitted if otherwise in conformance with the standards of this section. For the purpose of these standards, volume may be determined ---PAGE BREAK--- as being equivalent to basal area. A stand means a contiguous group of trees, sufficiently uniform in species, arrangement of classes and condition to be identified as a homogeneous and distinguishable unit. Timber harvesting operations proposing to exceed the 40 percent limitation must submit a forest management plan signed by a state licensed professional forester and approved by the code enforcement director. The management plan must clearly show that an exception for exceeding the 40 percent rule is necessary for good forest management and will be carried out in accordance with the purposes of this section. The code enforcement director shall notify the commissioner of the department of environmental protection within 14 days of the decision to allow an exception. b. Within 75 feet, horizontal distance, from the normal high-water line of No Name Pond; and 50 feet, horizontal distance, from the Androscoggin River and those "brooks" as listed under subsection of this section or the upland edge of those wetlands as listed under subsection of this section; and 25 feet, horizontal distance from the high-water line of those "brooks" as listed under subsection of this section the land shall be maintained in a natural vegetative state and timber harvesting activities are prohibited. c. Within the area between the required buffer referred to in subsection above and 100 feet, horizontal distance, of the normal high-water line of No Name Pond, and 75 feet, horizontal distance of the normal high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section; and 25 feet, horizontal distance from the high-water line of those "brooks" as listed under subsection of this section, no clear cutting shall be allowed, and timber harvesting activities shall be conducted in such a manner that a well-distributed stand of trees is retained so as to maintain the aesthetic and recreational value and water quality of the area, and to reasonably avoid sedimentation of surface waters. d. At distances greater than 100 feet, horizontal distance, from the normal high-water line of No Name Pond, and 75 feet, horizontal distance, of the normal high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section; and 25 feet, horizontal distance from the high-water line of those "brooks" as listed under subsection of this section, timber harvesting activities shall not create single openings greater than 10,000 square feet in the forest canopy. In such areas single canopy openings of more than 5,000 square feet shall be no closer than 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. e. No accumulation of slash shall be left within 50 feet, horizontal distance, ---PAGE BREAK--- of the normal high-water line of No Name Pond, the Androscoggin River, and those "brooks" as listed under subsection of this section. At distances greater than 50 feet, horizontal distance, from the normal high-water line of such waters, and extending to the limits of the shoreland area, all slash shall be disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris or slash that falls below the high-water line of a water body shall be removed. f. Skid trails, log yards, and other sites where the operation of logging machinery results in the exposure of substantial areas of mineral soil shall be located such that an unscarified filter strip is retained between the exposed mineral soil and the normal high-water line of No Name Pond, the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section; and from other water bodies, tributary streams and wetlands within the shoreland area. The width of this strip shall vary according to the average slope of the land as follows: TABLE INSET: " $ ) * + * " $ * & - * . This standard shall not apply to road building and water crossings. g. Timber harvesting equipment shall not use stream channels as travel routes except when: 1. Surface waters are frozen; 2. The activity will not result in any ground disturbance. h. All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged. i. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated. ---PAGE BREAK--- j. Timber harvesting activities conducted within the shoreland area must meet the notification requirements outlined in subsection 3(f) of this article. Clearing of vegetation for development: a. Within the shoreland area zoned resource conservation abutting No Name Pond, there shall be no cutting of vegetation with the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere in the resource conservation district the clearing of vegetation shall be limited to that which is necessary for use expressly authorized in that district. b. Except in areas as described above in subsection within a strip of land extending 100 feet, horizontal distance, from the normal high-water line of No Name Pond, and 75 feet, horizontal distance, of the normal high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section and 25 feet, horizontal distance from the high-water line of those "brooks" as listed under subsection of this section a buffer strip of vegetation shall be preserved as follows: 1. 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. However, a footpath not to exceed ten feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created. 2. Selective cutting of trees within the buffer strip 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" adjacent to No Name Pond 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. TABLE INSET: / * 2 % 3 Within the buffer strip, adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of ---PAGE BREAK--- eight, per 25-foot square area. 3. In order to protect water quality and wildlife habitat, within the buffer strip, adjacent to No Name Pond and the portion of No Name Brook that flows to No Name Pond, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described in subsections and (3)a. of this subsection. 4. Pruning of tree branches, within the buffer strip, on the bottom one-third ( 1/3) of the tree is permitted. 5. In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replaced with native tree species unless existing new tree growth is present. c. At distances greater than 100 feet, horizontal distance, from the normal high-water line of No Name Pond, and 75 feet, horizontal distance, of the normal high-water line of the Androscoggin River, and those "brooks" as listed under subsection of this section, or the upland edge of those wetlands as listed under subsection of this section and 25 feet, horizontal distance from the high-water line of those "brooks" as listed under subsection of this section a buffer strip of vegetation shall be preserved as follows, selective tree cutting is permitted provided that not more than 40 percent of the volume of existing trees four inches or more in diameter, measured at four and one-half feet above ground level, applied equally to all size classes (six-inch, eight-inch, ten-inch, etc.) within the area being harvested, are removed from any contiguous stand or grouping of trees in any ten-year period. Tree removal in conjunction with the development of permitted uses shall be included in the 40 percent calculation. For the purpose of these standards, volume may be considered to be equivalent to basal area. In no case shall contiguous cleared openings for development including, but not limited to, principal and accessory structures, driveways, walkways, patios, swimming pools and sewage disposal areas, exceed in the aggregate, 25 percent of the lot area (or 10,000 square feet, whichever is greater), including land previously developed. Cleared openings legally in existence on the effective date of this Code may be maintained, but shall not be enlarged, except as permitted by this Code. Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section. Exemptions. In areas where the "brooks" mentioned in subsection of this section have undergone channelization, the planning board (for major projects), development review committee (for minor projects), or code enforcement director (if no review is required) may exempt all, or portions of, the shoreland area standards deemed nonapplicable due to the existing conditions associated with said "brooks." As each determination of nonapplicability will be done on a case-by-case basis, the ---PAGE BREAK--- burden of proof shall be on the applicant and such burden of proof shall include the production of evidence sufficient to warrant a finding that some or all of the standards are not applicable due to existing manmade straightening, deepening and surfacing of the "brook" (channelization). General development areas. For land areas located in the highway business, community business, centreville, riverfront, mill, urban enterprise, office service, office residential, and industrial districts, which are also located in the shoreland area, setbacks for new principle and accessory structures and parking areas, shall be no less than 25 feet. In addition, all land area between the high-water line and the setback line shall be maintained in a natural vegetative state. The maximum impervious surface ratio for all land areas located in the aforementioned zoning districts shall not exceed 70 percent. These setback and impervious surface ratio standards shall not be reduced by modification or variance. (Ord. No. 92-5, 3-5-92; Ord. No. 92-19, 9-10-92; Ord. No. 99-17, 10-12-99; Ord. No. 00-11, 6-15-00; Ord. No. 06-17, 2-8-07; Ord. No. 06-18, 2-8-07)