Article: To see if the Town of Dayton will accept the following amendments to the Dayton Zoning Ordinance, and to amend the Zoning Map to reflect these changes. :
Section 1.5.C Amendments: Delete the word “meeting”
Section 4.2 Definitions: Dwelling Unit: Amend to read: a room or group of rooms designed and equipped exclusively for use as living quarters for only one family, including provisions for living, sleeping, cooking, bathing and eating. Except in the shoreland zone, a dwelling unit contains cooking sleeping and toilet facilities. The term shall include mobile homes, but shall not include trailers or recreational vehicles.
Section 5.2 Dimensional Requirements:
A) Mixed Use District, Amend to read: The Mixed Use District is comprised of all land located within approximately 1,000 feet linear distance from sections of Route 5, and Route 35. Along Route 5 on the Southerly side beginning at the intersection of the Gould Road, Westerly to the intersection of the Rumery Road. And on the Northerly side continuing to the Hollis Town Line; and Route 35 on the Easterly side, from Route 5 to the Lyman Town Line, as shown on the Dayton Land Use Map.
B) In the Critical Rural District, Add the following: This district encompasses all land within 250 feet from the upland edge of the wetland associated with Runnells Brook.
C) In the Shoreland Overlay District, add the following: Minimum Lot Area, 40,000 sq.ft per residential dwelling unit. and 60,000 sq.ft. for governmental, institutional, commercial, or industrial uses per principal structure.
D) In the Village District: Amend the report done by “Amos Gay” to read the report done by Amos “J”. Gay.
Section 5.3 NOTE (F) amends to read: On any new building or expansion of existing structures, the highest part of any eaves…
Section 6.20 Soil Suitability for Construction, Amend to read:
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, and 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.
Section 7.3. A. General, add the following:
Within the shoreland zone, campgrounds shall contain a minimum of 5,000 square feet of land, including roads and driveways, for each site.
Section 7.4 (1): Amend to read:
All storage or spreading of manure in the shoreland zone shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001 and the Nutrient Management Law (7 M.R.S.A. Sections 4201-4209).
Section 7.21.2(b): Amend to read; for the purposes of Section 7.21.2.b “other natural vegetation “is defined as retaining …..
Section 7.21.2 (d): Amend to read: The provisions contained in paragraph 7.21.2 above shall not apply…..
Section 7.21.4 (e) Amend to read: “Fields and other cleared openings which have reverted to primarily shrubs, trees, or woody vegetation shall be regulated under the provisions of Section 7.21.”
Add Section 7.21.5: In order to protect water quality and wildlife habitat, in the Shoreland Zone, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Section 7.21 of the Zoning Ordinance.
Add Section 7.23 Timber Harvesti
Shoreland Timber Harvesting Standards.
(1) In a shoreland area zoned for resource protection abutting a great pond, timber harvesting shall be limited to the following:
(a) Within the strip of land extending 75 feet inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:
(i) The ground is frozen
(ii) There is no resultant soil disturbance
(iii) The removal of trees is accomplished using a cable or boom and there is
no entry of tracked or wheeled vehicles into the 75-foot strip of land;
(iv) There is no cutting of trees less than 6 inches in diameter; no more than
30% of the trees 6 inches in diameter, measured at 4 feet above ground level,
are cut in any 10-year period; and a well-distributed stand of trees and other
natural vegetation remains; and
(v) A licensed professional forester has marked the trees to be harvested prior
to a permit being issued by the municipality.
(b) Beyond the 75 foot strip referred to in paragraph a. above, timber
harvesting is permitted in accordance with paragraph 2 below except that in no
case shall the average residual basal area of trees over 4 inches in diameter at 4
feet above ground level be reduced to less than 30 square feet per acre.
(2) Except in areas described in Paragraph 1 above, timber harvesting shall conform with
the following provisions:
(a) Selective cutting of no more than forty percent of the total volume of trees
four inches or more in diameter measured at 4 feet above ground level on
any lot in any ten year period is permitted
(i) Within one-hundred feet, horizontal distance of the normal
high-water line of a great pond classified GPA or a river flowing to a great
pond classified GPA, and within seventy-five feet, horizontal distance, of
the normal high water line of other water bodies, tributary streams, or the
upland edge of a wetland, there shall be no clearcut openings and a
well-distributed stand of trees and other vegetation, including existing
ground cover, shall be maintained
(ii) at distances greater than one-hundred feet, horizontal distance,
of a great pond classified GPA or a river flowing to a great pond classified
GPA, and greater than seventy-five feet, horizontal distance, of the
normal high water line of other water bodies or the upland edge of a
wetland, harvesting operations shall not create single clearcut openings
greater than ten-thousand square feet in the forest canopy. Where such
openings exceed five-thousand square feet they shall be at least one
hundred 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.
(b) Timber harvesting operations exceeding the 40% limitation in paragraph
a.above, may be allowed by the Planning Board upon a clear showing,
including a forest management plan signed by a Maine licensed
professional forester, that such an exception is necessary for good forest
management and will be carried out in accordance with the purposes of
this Ordinance. The Planning Board shall notify the Commissioner of the
Department of Environmental Protection of each exception allowed, within
fourteen days of the Planning Board’s decision
(c) No accumulation of slash shall be left within fifty feet of the normal
high-water line of a water body. In all other areas 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 feet above the ground. Any debris
that falls below the normal high-water line of a water body shall be removed
(d) Timber harvesting equipment shall not use stream channels as travel
routes except when:
(i) Surface waters are frozen; and
(ii) the activity will not result in any ground disturbance.
(e) 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
(f) 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.
(g) Except for water crossings, skid trails and other sites where the operation
of machinery used in timber harvesting results in the exposure of mineral
soil shall be located such that an unscarified strip of vegetation of at least
seventy-five feet in width for slopes up to ten percent shall be retained
between the exposed mineral soil and the normal high water line of a
water body or upland edge of a wetland. For each ten percent increase
in slope , the unscarified strip shall be increased by twenty feet. The
provisions of this paragraph apply only to a face sloping toward the water
body or wetland, provided, however, that no portion of such exposed
mineral soil on a back face shall be closer than twenty-five feet from the
normal high-water line of a water body or upland edge of a wetland.
Add Section 9.5.B.3: In the Shoreland Zone A copy of each variance request, including the application and all supporting information supplied by the applicant , shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least twenty (20) days prior to action by the Board of Appeals. Any comments received from the Commissioner prior to the action by the Board of Appeals shall be made part of the record and shall be taken into consideration by the Board of Appeals.
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