HomeMy WebLinkAbout1979-11-14 15 AH ORDINANCE15 An
Introduced by Cwncilor Scucy, November 19, 1979
CITY OF BANGOR
(TITLE,) uffrbinMtteo Amending.Chapter VIII, Article 21, Section 2 (8) -
Shoreland Zoning
Be a ordaisM by M&Cry Council af4w City ofBGmaw. aefoHowe:
THAT Chapter VIII, Article 21, Section 2 (8) of the Laws and Ordinances
of the City of Bangor be deleted in its entirety and replaced with the
following':
(8) Land use standards which apply 1n The Resource Protection Zone and
in all areas within 250 feet of the normal high water mark of the
Kenduskeag Stream and the Penobscot River. Normal High Water Mark
of Coastal Waters shall be defined as that line on the shore of
tidal waters reached by the shoreward limit of the rise of the
medium tides between the spring and the neap. Normal High Water
Mark of Inland Waters shall be defined as that line on the shores
and banks of non -tidal waters which is apparent because of the
contiguous different character of the soil or the vegetation due
to the prolonged action of the water. Relative to vegetation, it
is that line where the vegetation changes from predominantly
aquatic to predominantly terrestrial (by way of illustration,
ygvatic vegetation includes but is not limited to the following
plants and plant groups - water lily, pond lily, pickerelwood,
cattail, wild rice, edges, rushes, and marsh grasses; and terres-
trial vegetation includes but is not limited to the following plants
and plant groups - upland grasses, aster, lady slipper, wintergreen,
partridge berry, sasparilla, pines, cedars, oaks, ashes, alders, elms
and maples). In places where the shore or bank is of such character
that the high water mark cannot be easily determined (rockslldes,
ledges, rapidly eroding or slumping banks) the normal high water
mark shallbe estimated from places where it can be determined by
the above method.
(a) Agriculture
(i) All spreading or disposal of manure shall be accomplished
in conformance with the "Maine Guidelines of Manure and
Manure Sludge Disposal on Land" published by the university
of Maine and the Maine Soil and Water Conservation Com-
mission, in July, 1972, or subsequent revision thereof.
(b)- Clear`ng Clearing of trees and conversion to other vegetation
ai permsexad for approved construction and landscaping. Where
such clearing extends to the shoreline, a cleared opening or
openingsnot greater than 30 feet in width for every 100 feet of
shoreline (measured along the normal higb.water mark) may be
created in the strip extending 50 feet inland from the normal
high water mark and parallelling the shoreline. Where natural
vegetation is removed, it shall be replaced with other vegeta-
tion that is eq lly effective in retarding erosion and pre-
serving natural beauty.
(c) Erosion and Sedimentation Control Pilling, grading, lagooning,
re rng, eart - v ng act v t es, and other land use activities
shall be conduc sed in such manner to prevent to the maximum
extent possible, erosion and sedimentation of surface waters.
On slopes greater than 25% there shall be no grading or filling
within 100 feet of the normal high water mark except to protect
the shore line and prevent erosion.
(d) Lot Standards
(i) All principal structures in the Agricultural, Resource
Protection, Park and Open Space and all Residential
Zones shall be set back at least 75 feet from the normal
high water mark.
(ii) A residential lot abutting a water body shall have a
minimum shore frontage of 100 feet measured in a straight
line between the points of intersection of the side Lot
lines with the shoreline at normal high water elevation.
(e) Road Construction
(i) Roads shall be located, constructed, and maintained in
such a manner that minimal erosion hazard results. Ade-
quate provision shall be made to prevent soil erosion and
sedimentation of surface waters.
2
(ii)
There shall be no tilling of soil within 50 feet of the
normal high water mark of any body of water whose shore -
lands are covered by this Ordinance.
(iii)
Where soil is tilled in a Resource Protection Zone, or
where soil in excess of 20,000 sq. ft. is tilled, such
tillage shall be carried out in conformance with the
provisions of a Conservation Plan which meets the stand-
ards of the State Sail and Water Conservation Commission,
and is approved by the appropriate Soil and Water Con-
servation District. The number of the plan shall be
filed with the Planning Board. Nonconformance with the
provisions of such Conservation Plan shall be considered
to be in violation of this Ordinance.
(b)- Clear`ng Clearing of trees and conversion to other vegetation
ai permsexad for approved construction and landscaping. Where
such clearing extends to the shoreline, a cleared opening or
openingsnot greater than 30 feet in width for every 100 feet of
shoreline (measured along the normal higb.water mark) may be
created in the strip extending 50 feet inland from the normal
high water mark and parallelling the shoreline. Where natural
vegetation is removed, it shall be replaced with other vegeta-
tion that is eq lly effective in retarding erosion and pre-
serving natural beauty.
(c) Erosion and Sedimentation Control Pilling, grading, lagooning,
re rng, eart - v ng act v t es, and other land use activities
shall be conduc sed in such manner to prevent to the maximum
extent possible, erosion and sedimentation of surface waters.
On slopes greater than 25% there shall be no grading or filling
within 100 feet of the normal high water mark except to protect
the shore line and prevent erosion.
(d) Lot Standards
(i) All principal structures in the Agricultural, Resource
Protection, Park and Open Space and all Residential
Zones shall be set back at least 75 feet from the normal
high water mark.
(ii) A residential lot abutting a water body shall have a
minimum shore frontage of 100 feet measured in a straight
line between the points of intersection of the side Lot
lines with the shoreline at normal high water elevation.
(e) Road Construction
(i) Roads shall be located, constructed, and maintained in
such a manner that minimal erosion hazard results. Ade-
quate provision shall be made to prevent soil erosion and
sedimentation of surface waters.
3
(ii) Additionally, all roads constructed shall conform with
the following standards:
a. Road crossings of watercourses shall be kept to
the minimum number necessary;
b. Bacteria of culverts shall be installed at streambed
elevation;
c. All cut or fill banks and areas of exposed mineral
soil shall be revegetated or otherwise stabilized
as soon as possible; and
d. Bridges or culverts of adequate size and design shall
be provided for all road crossings of watercourses
which are to be used when surface waters are unfrozen.
The requirement for a bridge or culvert may be waived
by the Planning Board upon approval of the site plan.
(f) Timber Harvesting
(i) No substUtial accumulation of slash shall be left within
fifty (50) feet of the normal high water mark of any
water body. At distances greater than fifty (50) feet
from the normal high water mark of such waters and
extending to the limits of the area covered by these
standards, all sjAsh shall be disposed of in
such a
manner that it lies on the ground."and no partthereof
extends more than four feet above "the ground.
(ii) 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 mark
of any water body. The width of this strip shall vary
according to the average slope of the land as follows:
Average Slope of Land Width of Strip Between
Between Exposed Mineral Exposed Mineral Soil and
Soil and Normal High Normal High Water Mark
Water Mark (percent) (Feet along Surface of the Ground)
0 25
10 45
20 65
30 85
40 105
50 125
60 145
70 165
4
(iii) Harvesting operations shall be conducted in such a
manner and at such a time that minimal soil disturbance
results. Adequate provision shall be made to prevent
soil erosion and sedimentation of surface waters.
(iv) Harvesting operations shall be conducted in such a
manner that a well -distributed stand of trees is
retained.
(v) Harvesting activities shall not create single ,openings.
greater than seven thousand five hundred (7,500) square
feet in the forest canopy.
(vi) In a stand, harvesting shall remove not more than
forty (40) percent of the volume of trees in any ten
(10) year period. For the purpose of these standards,
a stand means a contiguous group of trees, sufficiently
uniform in species, arrangement of age classes, and
conditions to be identifiable as a homogeneous and
distinguishable unit.
(vii) Timber harvesting operations not in conformance with
ii, iv, v, and vi above may be allowed by the Planning
Board upon a clear showing by the applicant that such
am,11 exception is necessary for proper timber management.
(g) Standards for gptcial Exce tion Before the planning Board
s graiiaZ 7 a epecia excepuion in the areas of the City of
Bangor covered by this subsection, it shall have determined
that the proposed activity:
(i) Will not result in unsafe or unhealthful conditions;
(ii) Will not result in erosion or sedimentation;
(iii) Will not result in water pollution;
(iv) Will not result in damage to spawning grounds, fish,
aquatic life, bird and other wildlife habitat;
SFv) Will conserve shoreland vegetation;
(vi) Will conserve visual points of access to waters as
viewed from public facilities; __-
(vii). Will conserve natural. beauty;
(ix) Will avoid problems associated with flood plain develop-
ment and use; and
(x) Is in conformance with the provisions nd f Article 21,
22,
Section 2 (8), Land Use Standards.,,
Section 2, Standards for Special Exceptions
(h) Variances A copy of all variances granted by the Board of
pp�ithin the area of the City of Bangor covered by
this subsection shall be submitted to the State Planning
Office. A variance shall not be granted to permit a use
or structure otherwise prohibited.
(i) Amendments - The State Planning Office shall be notified by
ttne�ity Clerk of amendments to the Zoning Ordinance which
affect the areas of the City of Bangor covered by this
subsection.
} 5�
ORDINANCE
255'City Council November 14,1979
Rafered to Plazmin Board CenaldjrT= I, Amending Chapter VIII Art 219
Rent meeting
Sac. 2 (8) Shorelend Zoning
i - 79 OCT 37 P159
RECEwEu
L✓vitasoe �I(i' K i ,�,.✓— CIGY
BANGN
Intm and rt
CLERK
PC"ll
_
W ttmm
IN CITY COVNCIL
November 26, 1979
Parisd by une fors voting
yea s; no
votea. Councilors voting yea:
PortBRIder, S Bsonntus,ood Gess, MCKerndzia . Porter, Soucy, sours, Nttd and zrnarien.
C lo[ absent: Weymouth.
cx�xrc cmm
-Bangor, the center of Maine—the Gateway to Maine} North Woods and Seashore Resorts
"(POWEIG.M"Al CITY HALL
Omuta GANGOR, MAINE GNOI
JOHN M LORD PPITY NOnes Cldq td �anguc,'Maim TEL 207/9474341
DEPARTMENT OP PLANNING eRd COMMUNITY DEVELOPMENT
DATA: November 20, 19%9
TO: The Honorable City Council
FROM: The Planning Heard
SRSIRCT: Amending Zoning Ordinance - Article 21
hi reland Zoning Requ rem ents
Council Orainance 15 All
Please be advised that the Planning Hoard at its regularly scheduled
meeting on November 19, 1979, held a public hearing on the above request.
Noting that the above fiction transferred the Hhoreland Zoning Require-
ments from the Shereland Zoning Ordinance to the Citywide Zoning Ordinance,
the Board voted Pour in favor and none opposed to recommend approval of the
above Zoning Amendment.