C.M.R. 06, 096, ch. 1292, app 096-1292-B
CHAPTER 1000: AMENDMENTS TO THE STATE OF MAINE GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES
1. Change Section 3. Applicability, to read:
This ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond, river or saltwater body; within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This Ordinance also applies to any structure built on, over, or abutting a dock, wharf or pier,, or other structure extending or located beyond the normal high-water line of a water body or within a wetland.
2. Change Section 14. Table 1, Land Uses in theShoreland Zone to read:
| Land Uses | District | |
| RP | ||
| 15. | Principal structures and uses | |
| A. One and two family residential | PB9 | |
| 18. | Conversion of seasonal residences to year-round residences | LPI |
| 20. | Private sewage disposal systems for allowed uses | LPI |
Add footnote 9: Single family residential structures may be allowed by Special Exception only according to the provisions of Section 16.E, Special Exceptions. Two-family residential structures are not permitted.
3. Amend Section 16. Administration, subsection B., to read:
B. Permits Required
After the effective date of this ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.
A permit is not required for the replacement of an existing road culvert as long as:
1. The replacement culvert is not more than 25% longer than the culvert being replaced
2. The replacement culvert is not longer than 75 feet; and
4 3. Adequate erosion Control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the water course
4. Add new Section 16, E., Special Exceptions, as follows:
In addition to the criteria specified in Section 16.D. above, the Planning Board may approve a permit for a single family residential structure in a Resource Protection District provided that the applicant demonstrates that all of the following conditions are met:
1. There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
2. The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District.
3. The proposed location of all buildings, sewage disposal systems and other improvements are:
a. Located on natural ground slopes of less than 20%; and
b. Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance.
If the floodway is not shown on the federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the 100-year floodplain.
4. The total ground-floor area of all principal and accessory structures is limited to a maximum of 1,500 square feet.
5. All structures, except functionally water-dependent structures, are set back from the normal high-water line or upland edge of a wetland to the greatest practical extent, but not less than 75 feet. In determining the greatest practical extent, the planning board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-valued and high-value wetlands.
And change existing Sections 16 E. , 16 F. , and 16 G. to Sections 16 F. , 16 G. , and 16 H. respectively.
5. Add the following definitions to Section 17:
Floodway - the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
Velocity Zone - an area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.
________________________
BASIS STATEMENT
The MandatoryShoreland Zoning Act, Title 38 section 438-A, requires all municipalities to adoptshoreland zoning provisions forshoreland areas. Shoreland areas include areas within 250 feet of the normal high-water line of tidal waters, great ponds, and rivers; within 250 feet of the upland edge of freshwater and coastal wetlands; and within 75 feet of streams. Section 438-A also requires the Board of Environmental Protection to adopt minimum guidelines forshoreland zoning ordinances. Municipal ordinances must be consistent with or no less restrictive that the Board's guidelines.
When a municipality fails to adopt ashoreland zoning ordinance consistent with, or more restrictive that the Guidelines the Board of Environmental Protection may adopt a suitable ordinance for the municipality. This rule amends the previously adopted state-imposed ordinances by the Board of Environmental Protection.
The amendments, however, do not incorporate the provision to regulate structures located over a water body or wetland, that provision would result in an unfunded mandate.
No comment were received during the written comment period which ended December 1, 1994.
IN THE MATTER OF
MUNICIPALITY OF CARTHAGE) MANDATORY SHORELAND ZONING ACT
FRANKLIN COUNTY, MAINE) 38 M.R.S.A. SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1292
Pursuant to the provisions of 5 M.R.S.A. Sections8051 - 8064, 38 M. R.S.A. Sections 435-44906 - 096 and CMR, Chapter 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended May 1, 2006, the Board of Environmental Protection ("Board") has reviewed the existing land use regulations relating to the shoreland zone in the municipality of Carthage, and FINDS THE FOLLOWING FACTS:
1. On April 2, 1994 the Board of Environmental Protection adopted the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances and a shoreland zoning map for the town of Carthage pursuant to 38 M.R.S.A. Section438-A(4). Such action was necessary after the Town failed to adopt a suitable ordinance as required. The Ordinance was subsequently amended by the Board on January 17, 1995 (text amendment).
2. On December 12, 2007 David Harvey of Timber Meadow, Inc. petitioned the Department to amend the zoning district surrounding Podunk Pond in Carthage from the Resource Protection District to the Limited Residential District. Mr. Harvey is the owner of Timber Meadow, Inc. and his company owns all of theshoreland area adjacent to Podunk Pond.
3. Podunk Pond had been put in the Resource Protection District because the pond was a public water source for the Town ofDixfield. Dixfield, however, stopped using the pond as a water source numerous years ago, and the Town ofDixfield has released, by deed to Timber Meadow, Inc., its rights associated with the water source.
4. Department staff has confirmed, through town officials in bothDixfield and Carthage, that Podunk Pond is no longer a water source forDixfield and that the Town ofDixfield no longer has a legal interest in the pond as a drinking water supply.
MUNICIPALITY OF CARTHAGE) MANDATORY SHORELAND ZONING ACT
FRANKLIN COUNTY, MAINE) 38 M.R.S.A. SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1292
5. A review of available maps and other resources indicates that the Pond and its surroundingshoreland does not meet the criteria for Resource Protection zoning as contained in the Department's Guidelines.
6. A public comment period was provided in order for abutters, town officials and other interested parties to comment on the proposed zoning change. A copy of the draft order was sent to the Town of Carthage. The public comment period extended until June 30, 2008 at 5:00 p.m. No public comments were received during the comment period.
BASED on the above FINDINGS OF FACT, the Board concludes that the proposed zoning change, removing all of theshoreland zone adjacent to Podunk Pond from the Resource Protection District and placing it in Limited Residential District, is consistent with the Department's Guidelines for Municipal Shoreland Zoning Ordinances.
THEREFORE, THE BOARD HEREBY AMENDS the official shoreland zoning map, adopted as part of the State-imposed Shoreland Zoning Ordinance for the Municipality of Carthage, by rezoning all of the land surrounding Podunk Pond from the Resource Protection District to the Limited Residential District.
This ORDER shall remain in effect, and shall be binding upon the municipality of Carthage until amended or repealed by the "Board", or until the municipality of Carthage adopts a shoreland zoning ordinance, consistent with the "Board"'s Guidelines, and is approved by the Commissioner.
DONE AND DATED AT AUGUSTA, MAINE, THIS 7th DAY OF AUGUST, 2008.
BOARD OF ENVIRONMENTAL PROTECTION
BY:___________________________
Ernest W. Hilton, Chairman
PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES
Basis Statement
August 7, 2008 Amendment to Chapter 1292
State-imposedShoreland Zoning Ordinance for the Town of Carthage
Podunk Pond
The Rule amends the OfficialShoreland Zoning Map for the Town of Carthage. Organized municipalities are required by law (Title 38 MRSA section438-A(2)) to adopt ordinances that regulate land areas within theshoreland zone. Municipal ordinances must be consistent with or no less restrictive than the Guidelines adopted by the Board of Environmental Protection (BEP). When a municipality fails to adopt a suitable ordinance the BEP is required to adopt a suitable ordinance for that municipality. The ordinance adopted by the BEP includes an officialshoreland zoning map.
The town of Carthage has not adopted a suitableshoreland zoning ordinance. Therefore, the BEP adopted the State of Maine Guidelines for MunicipalShoreland Zoning Ordinances and an officialshoreland zoning map for the Town on April 2, 1994 (Chapter 1292). Only the BEP can amend the state-imposedshoreland zoning ordinance.
Podunk Pond is a great pond and has served as a back-up water supply for the town ofDixfield. Because of the water supply issue the pond was placed in the Resource Protection District. In the Resource Protection District very little development activities are allowed. Podunk Pond is no longer a back-up water supply forDixfield and the town has released its water rights. The owner of the land around the pond petitioned the Department to remove the Resource Protection zoning and change it to the Limited Residential District. The area adjacent to the Pond does not meet any of the current criteria for establishing a Resource Protection District.
The change to the Limited Residential District will allow for residential development no closer than 100 feet from Podunk Pond, and will allow timber harvesting activities without the need for a permit from the town of Carthage.
C.M.R. 06, 096, ch. 1292, app 096-1292-B