k. Protect archaeological and historic resources, freshwater wetlands, fish spawning grounds, aquatic life, bird and other wildlife habitat, and buildings and lands from flooding and accelerated erosion;

l. Conserve shore cover, natural beauty and open space, and visual as well as actual points of access to inland waters;

m. Prevent and control water pollution; and

n. Assure new development meets the goals and conforms to the policies of the Fort Kent Comprehensive Plan.

1.2 Authority.

This Ordinance has been adopted in accordance with the provisions of Article VIII-A of the Maine Constitution; the provisions of MRSA Title 30-A, Section 3001 (Home Rule); and the State's Growth Management Law MRSA Title 30-A, Section 4311 et seq; as may be amended.

1.3 Title.

This Ordinance shall be known and may be cited to as the "Zoning Ordinance of the Town of Fort Kent."

1.4 Applicability.

The provisions of this Ordinance shall govern all land and all structures within the boundaries of the Town of Fort Kent.

1.5 Repeal of Prior Ordinances.

All prior Zoning Ordinances, Site Design Review Criteria, Road Standards and Acceptance Regulations, and Planning Board By-Laws for the Town, except for the Shoreland Zoning Ordinance of Fort Kent, are repealed as of the effective date of this Ordinance.

1.6 Effective Date.

This Ordinance shall take effect and be in force from the date of its adoption.

1.7 Conflict with Other Laws.

Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.

1.8 Separability.

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

1.9 Availability.

A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted.

Section 2 Official Zoning Map.

2.1 Official Zoning Map.

Districts are located and bounded as shown on the Official Zoning Map which is a made a part of this Ordinance. There may for purpose of clarity, necessitate by reasons of scale on the map, be more than one Official Zoning Map. The minimum scale for the Official Zoning Map shall be no less than 1 inch = 2000 feet.

2.2 Certification of the Official Zoning Map.

A. The Official Zoning Map shall be identified by the signature of the Chair of the Town Council, attested by the Town Clerk, and bearing the seal of the Town under the following words:

"This is to certify that this is the Official Zoning Map referred to in Article I of the Zoning Ordinance of the Town of Fort Kent, Maine" Date: __________________________________

B. The Official Zoning Map shall be located in the office of the Town Clerk.

2.3 Changes on the Official Zoning Map.

A. If, in accordance with the provisions of this Ordinance and Title 30A MRSA 4503, changes are made in District boundaries or other matter portrayed on the Official Zoning Map, changes to the map shall be made within 14 days after the amendment has been approved by the Town Council. No amendment to this Ordinance which involves matter portrayed on the Official Zoning Map shall become effective until signed by the Chair of the Town Council and attested by the Town Clerk. In addition, the following wording shall be reflected on the Official Zoning Map:

"On _____ by official action of the Town, the following change(s) was (were) made: (insert brief description of the nature of change)." Immediately beneath the entry the Town Clerk shall place their signature.

B. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change shall be considered a violation of this Ordinance and punishable as provided under section 22?134.

2.4 Replacement of the Official Zoning Map.

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions the Town Council shall adopt a new Official Zoning Map. Fort Kent Zoning Maps.(Available at the Town Office)

Section 3 Establishment of Districts.

3.1 Zoning Districts.

A. For the purposes of this Ordinance, Fort Kent is hereby divided into the following Zoning Districts:

1. R - Residential District. The Residential District is established as a zoning District in which the principal use of the land will be for detached family dwellings at low density with educational, recreational and religious, fraternal and nonprofit organization of club facilities. The development of attractive neighborhood living will be encouraged. Areas where similar residential future growth appear possible are included in the Residential District.

2. RF - Rural Farm District. The Rural Farm District is established as a zoning District whereby the principal use of the land is for agriculture, forestry, rural type residence, and customary associated uses. Included in this District are certain uses unsuited to the more densely developed urbanized portions of Town. Other purposes of this District include conservation of natural resources, reduction of soil erosion, and encouragement of appropriate recreational land use with limited commercial uses. Certain commercial and industrial uses may be allowed in the RF District upon proof by the applicant and approval by the Planning Board that the use is "Natural Resource Based Use", as defined herein (Amd. 3/23/98).

3. C - Commercial District. The Commercial District is established as a general business and commercial District to which the public requires frequent and convenient access. It is intended to promote concentration of commercial development for the mutual advantage of the public and the merchant.

a. On West Main Street between the western boundary line of Tax Map 15, Lots 87, 86, and 1 and Tax Map 18 the western boundary line of Lot 21 and the eastern property line of Lot 34, (Town Office up to railroad tracks on East Main Street) residential uses are permitted only in levels above the ground floor, provided that all federal, state, and local laws, regulations, and ordinances are met.

b. Plans for proposed construction shall be reviewed by the Town Council and Planning Board, and when appropriate by the municipal department heads.

4. I - Industrial District. The Industrial District is established as a zoning District in which the principal use of the land is for industrial purposes and for commercial and business uses commonly supplemental to or associated with industrial uses. The following use shall be permitted in the Industrial District when authorized by the Board of Appeals:

a. Storage of hazardous fuels (as defined in Title 38, MRSA, Section 1303, as may be amended), including, but not limited to, gasoline, fuel oil, diesel oil, etc., can be stored above or below the ground for future delivery to consumers.

b. For the purposes of this Ordinance, Fort Kent hereby has two special protection overlay Districts; for the sand and gravel aquifers and for the Fort Kent Utility District's wellhead. The overlay Districts are intended to maintain safe and healthful environmental conditions; prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitats; control building sites; provide visual and physical points of access to waters and areas of natural beauty; and to protect and maintain the quality of surface and ground waters. The overlay Districts shall be superimposed over underlying Districts and land uses are subject to both the standards in the underlying and the overlay Districts.

1. Sand and Gravel Aquifer Overlay District.

a. This District includes sand and gravel aquifers as identified on the Maine Geological Survey "Hydrogeologic Data for Significant Sand and Gravel Aquifers" map nos. 84 and 85, as well as, a 250' buffer drawn around the known boundaries of these aquifers (buffers shall be updated as the aquifer mapping is updated).

b. All future agricultural land uses, on the aquifer and within a 500' buffer, for chicken farms, cattle farms, horse farms, egg farms, piggeries, sheep farms, and stables shall be subject to the approval of the Planning Board. Such approval shall be granted upon showing that such uses shall not cause groundwater contamination or contaminate or disturb the normal course of surface water run-off.

c. All construction or activity involving the displacement of soil within the 250' buffer shall follow soil erosion control measures as outlined in the SCS Best Management Practices.

d. Existing unvegetated openings should be documented by the CEO and reviewed by the Planning Board for possible revegetation.

e. No vehicle carrying pesticides, fertilizers, or other potentially toxic or hazardous chemicals shall pump water from the aquifer. Penalties of heavy fines and suspension of licenses shall be imposed for handling potentially toxic or hazardous chemicals within the aquifer or for the contamination of any waters within the aquifer.

2. Wellhead Protection Overlay District.

a. The Wellhead Protection District is created to protect the public water supply for the Town of Fort Kent by preventing contaminants from reaching the well and realizing that drinking water is essential to the survival of the Town. The Wellhead Protection District includes the land area within 2500 feet of the Fort Kent Water Dept’s wellhead as delineated on the zoning map for the Town of Fort Kent. All land use activity regulated by this Ordinance within the Wellhead Protection District shall require a brief application be obtained, completed, and returned by the applicant at the Fort Kent Water Dept. (416 W. Main Street, Fort Kent, ME, 04743-1040) prior to the issuance of any permit.

b. Wellhead Protection Overlay District. There shall be no new or expansion of underground storage fuels allowed in the Wellhead Protection Overlay District. In addition no new or existing aboveground storage of fuel (except for household heating fuel), chemical tank or toxic or hazardous materials shall be permitted or expanded within the Wellhead Protection District, except for water treatment chemicals or materials of the Fort Kent Water Dept. (Amd. 3/23/98)

c. All construction activity involving the displacement of soil within the Wellhead Protection District shall follow soil erosion control measures as outlined in the SCS Best Management Practices.

d. No vehicle carrying pesticides, fertilizers, or other potentially toxic or hazardous chemicals shall pump water from the Wellhead Protection District. Penalties of heavy fines and suspension of licenses shall be imposed for handling potentially toxic or hazardous chemicals within the District or for the contamination of any waters within the District.

e. Wellhead Protection Overlay District. Performance Standards for a Wellhead Protection District (WPD)

Performance Standards for a Wellhead Protection District (WPD) (Amd. 3/23/98)

The following are additional performance standards to be considered by the Town for the Wellhead Protection District in order to better protect the Fort Kent drinking water supply from incompatible development and uses. (Reviewed and approved by the FKUD.)

1. The Town and the Water Dept shall have the right to install groundwater monitoring wells and shall further maintain the right to sample such wells on properties within the WPD when the Town or the Water Dept can clearly show that groundwater monitoring in the area will serve to protect the public water supply from existing or potential threats.

2. When and where applicable within the WPD, the CEO shall have the right, upon 24-hour notice, to enter, inspect, and to determine whether all premises which have groundwater pollution control devices or management practices are in good condition and working properly. Such testing shall be at the Town's and Water Dept. expense. If such testing indicates that the groundwater has been contaminated above the State Primary and Secondary Drinking Water Standards, then further testing shall be at the expense of the landowner in question. Additionally, the owner shall reimburse the Town and/or the Water Dept for expenses incurred in the initial well installation and testing.

3. All development to be located in the WPD shall comply with Best Management Practices (BMPs) for water quality as defined by the State of Maine. The Planning Board may adopt, be reference, additional BMPs which have been published by or in conjunction with the MDEP. In so doing the Planning Board shall hold a public hearing.

4. The collection and disposal of petroleum products, chemicals, and wastes used in construction shall conform to the following:

a. Petroleum products, chemicals, and wastes shall be collected and stored in closed, clearly marked, watertight containers.

b. Containers shall be removed regularly for disposal to prevent spills and leaks which can occur due to corrosion of containers. A schedule for removal shall be included with the application and in any construction specifications for the project.

c. Fertilizers and landscape chemicals such as herbicides and pesticides shall be applied following appropriate BMPs developed by the MDOA in conjunction with the MDEP.

5. Storm water Runoff/Snow and Ice Control (Amd. 3/23/98)

a. Drainage systems, including detention basins, drainage ways, and storm sewer systems, shall be maintained in order to insure they function properly.

b. Chemicals and wastes shall be stored in such a manner as to prevent rainfall from contacting them.

c. Runoff from parking lots should be diverted to storm water drains.

d. Snowmelt from parking lots should be diverted to storm water drains.

e. Parking lots should be maintained on a yearly basis.

f. Sand/salt mixtures with a reduced portion of salt should be used for snow and ice control.

6. Industrial and Maintenance Operations (Amd 3/23/98)

a. A plan detailing the reuse, recycling, or proper disposal of waste chemicals shall be kept, maintained, and updated as needed. Provisions shall be provided for implementing the plan.

b. Buildings, rooms, and areas where chemical potential pollutants are used, handled, or stored shall be designed to contain spills and or leaks.

1. Floor drains shall not be used except as required by fire regulations; and

2. A waterproof dike shall be placed around areas to contain accidental spills. The dike shall have an equivalent volume to the amount of material stored or used in the room.

c. Spill/leakage prevention and detection programs shall be maintained and updated.

1. Plans shall insure the regular collection and transport of chemicals; and

2. Plans shall provide for inspection of containers and storage areas on a regular basis.

d. A spill clean-up plan shall be maintained and updated annually. The plan shall:

1. Insure adequate materials and equipment are available;

2. Insure that personnel are trained; and

3. Insure that the local fire department is knowledgeable of clean-up procedures.

e. Wash waters and other diluted wastes shall be adequately treated consistent with State law and the current pre-treatment ordinances.

1. Wastes shall be discharged to sewer systems where possible; and

2. Grease traps and oil separators shall be installed where necessary and shall be maintained on a regular basis.

7. Septic/Sewage Disposal. (Amd. 3/23/98)

a. Sewer/septic systems shall be designed by competent professionals using sound engineering practices. Onsite sewage disposal shall be according to the State of Maine Subsurface Wastewater Disposal Rules.

b. Construction of sewers and septic systems shall be carefully inspected to insure proper installation.

c. Septic systems and related piping shall be tested for leakage and certified by the LPI that they are water tight prior to use. Sewer systems shall be tested for leakage, according to State standards or municipal ordinance/district regulations.

d. Provisions shall be made to maintain sewer and septic systems.

e. Sewers and drainage systems shall be designed to insure that storm water does not enter sanitary sewers.

f. For cluster systems, 1000-gallon septic tank capacity shall be provided for each 300 gallons of flow. Design flows for leach fields shall be less than 2500 gallons per day.

g. Chemicals, industrial wastes, floor drains and storm water drains (I.e. roof drains) shall not be discharged to septic systems.

8. Waste Disposal Handling (Amd 3/23/98)

a. Inert Fill

1. Waste disposal areas shall be setback 75 feet from wetlands as defined in the Maine Natural Resources Protection Act (NRPA);

2. Wastes shall be placed a minimum of 2 feet above the seasonal high ground water table; and

3. For wastes other than concrete, stone, and brick, documentation from a laboratory that wastes are inert shall be provided.

b. Transfer Station/Recycling Facilities.

1. All storage areas shall be located a minimum of 5 feet above the seasonal high ground water table;

2. Sanitary wastes shall be disposed of into public sewer or in accordance with the State of Maine Subsurface Disposal Rules;

3. If water clean up of facilities is used, it shall be discharged to a public sanitary sewer. If no public sanitary sewer is available, dry clean-up procedures shall be used;

4. Gravel, asphalt, or concrete pads or steel or aluminum containers shall be used for storage facilities for white goods and tires;

5. Facilities shall not be located in 100-year floodplain;

6. An Operating Manual shall insure that only non-hazardous municipal solid waste is accepted;

7. For recycling facilities, an Operating Manual shall insure that only clean, marketable recyclables are collected; are

8. For recycling facilities, storage of residuals shall be accomplished to prevent spillage and leakage.

c. Municipal, Commercial, Industrial, and Other Special Wastes

1. All handling, storage, and transfer shall comply with Department of Environmental Protection rules;

2. Storage and transfer areas shall comply with the management practices listed in 7b above.

d. Junkyards/Metal Processing

1. Fluids shall be removed in a secure area and stored for appropriate disposal;

2. Fluids shall be disposed in accordance with state and federal laws; and

3. Records shall be maintained to indicate the quantities of fluids handled.

9. Chemical and Petroleum Handling and Storage. (Amd 3/23/98)

a. Non-hazardous chemicals shall be substituted for hazardous varieties whenever possible.

b. A detailed inventory shall be maintained.

c. Provisions shall be made to clean up all spills immediately with an absorbent material or other methods and dispose of them properly.

d. Hazardous materials shall be stored in secure, corrosion, and resistant containers.

e. Storage shall be in aboveground, corrosion resistant tanks. The following provisions shall be complied with.

1. A diked area shall be provided around tanks to contain spills. The volume of diked area shall equal the volume of product stored;

2. A roof shall be provided over commitment areas to prevent collection of rain water; and

3. Drains shall not be installed in containment areas.

f. If underground storage is necessary, corrosion resistant double walled tanks shall be provided. The system, including piping, shall be tested prior to use. Underground piping and transmission lines shall be inspected and tested upon installation and on an annual basis, thereafter.

g. All floors shall be concrete or an impermeable, hardened material. Sub-floor synthetic containment liners shall be inspected to contain spills or leaks which occur inside buildings with earth or gravel floors.

h. Non-bulk storage of chemicals shall be inside. Such storage areas shall comply with the following:

1. Floor drains shall not be used;

2. If floor drains are required by the fire regulations, they shall be discharged to a holding tank. Tanks shall be pumped by a licensed oil or hazardous waste hauler, as appropriate. Tanks shall be equipped with gauges to determine used capacity; and

3. Storage and handling areas shall have waterproof dikes around perimeter so as to contain spills.

i. Tanks shall be quipped with automatic shutoffs and/or high level alarms.

j. Spill and leak detection programs shall be maintained and updated annually.

k. Oil and water separators shall not be used to remove dissolved compounds or oil and greases which had been subjected to detergents.

l. Loading areas shall be covered to prevent the mixing of storm water and spilled chemicals. Concrete or other impermeable pads shall be provided under transfer and handling areas.

m. Exterior transfer and handling areas shall be slope as to prevent runoff from other areas from entering the handling area, but to contain small quantities of spilled product.

n. Procedures shall be established to catch and store chemicals spilled at loading docks and other transfer areas.

o. Provisions shall be made to periodically inspect and test tanks and lines for leaks.

p. The facility and equipment shall be designed to:

1. Prevent tank overflows; and

2. Prevent line breakage due to collision

q. Provisions shall be made to have:

1. Emergency diking materials available; and

2. Emergency spill cleanup materials available.

r. The facility and equipment shall be designed to:

1. Prevent tank overflows; and

2. Prevent line breakage due to collision

s. Exterior transfer and handling sites shall be graded and sloped to prevent runoff for other areas from entering the handling areas.

t. Residential storage tanks for home heating fuel shall be located in cellars or on a concrete slab above the ground if outside.

10. Sand and Gravel Mining. (Amd 3/23/98)

a. Limit Depth of Excavation

1. Excavation shall be limited to 5 feet above the seasonal high water table;

2. If excavation is proposed such that there will be less thank 5 feet separation between excavation limits and the ground water table, a hydrogeologic investigation must be done to assess the potential adverse impact including potential contamination and reduction in recharge of this proposal; and

3. If water supply wells are present within 500 feet of the proposed excavation, ground water level monitoring wells shall be installed.

b. Haul roads shall be watered to control dust. Salting and oiling of roads is prohibited.

c. Petroleum Storage

1. Petroleum products shall not be stored in the pit;

2. If petroleum is proposed for storage above ground, a fully contained storage and refueling area shall be provided. Provisions must be made for rain falling in the containment area. A roof is preferable. For large operations, a covered, impermeable refueling/maintenance area shall be provided;

3. A spill prevention plan shall be maintained and updated; and

4. A reclamation plan shall be provided, maintained and used.

11. Agriculture/Open Space/Power Lines (Amd 3/23/98)

a. Soil tests shall be used to determine proper amounts of nutrients and limestone (pH adjustment).

b. Nutrients shall be applied uniformly and only at levels required.

c. Split fertilizer applications should be used for new planting, where possible.

d. A slow release form of fertilizer should be used, where possible.

e. Nutrients shall not be applied to very shallow soils or exposed bedrock.

f. Chemical fertilizer application equipment shall be calibrated.

g. Irrigation shall be scheduled to minimize leaching potential.

h. Limit applications of nitrogen fertilizers to the spring or fall.

i. Nutrients shall not be applied during winter months when ground is frozen or snow covered.

j. Fertilizers and manure shall be stored in properly located and constructed facilities during periods when application is not suitable.

k. All federal and state laws regulating pesticides shall be followed.

l. Material safety date sheets shall be kept accessible.

m. Application of fertilizers and pesticides shall be accomplished by certified applicators.

n. Secure, safe storage shall be provided for used pesticide containers and dispose of containers in accordance from federal and state law.

12. Silvaculture (Amd 3/23/98)

a. Silvacultural Chemical Handling and Storage.

1. The spillage or disposal of oils, fuels, coolants or hazardous wastes on the ground during maintenance repair. Collection and appropriate disposal of such substances shall take place;

2. The BMPs for Chemical Use and Storage should not be followed;

3. The BMPs for Waste Disposal shall be followed; and

4. Salt/sand storage areas shall be covered.

3.2 Rules Governing District Boundaries.

Where uncertainty exists as to the boundaries of Districts as shown on the Official Zoning Map the following rules shall apply.

A. Boundaries indicated as approximately following the centerlines of roads, highways, alleys, railroad rights-of-way, rivers, or streams shall be construed to follow such centerlines.

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C. Boundaries indicated as approximately following Town limits shall be construed as following such limits.

D. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

E. Sources for the delineation of the Special Flood Hazard areas shall be the Fort Kent Flood Insurance Map.

F. Sources for the delineation of the Aquifer Protection District shall be the latest edition of the Maine Geological Survey "Hydrogeologic Data for Significant Sand and Gravel Aquifers", map nos. 84 and 85.

G. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D above shall be construed as being parallel to or extensions of such features. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

H. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or other circumstances not covered by subsections A through G above, the Board of Appeals shall interpret the District boundaries.

3.3 Lots Divided by District Boundaries.

When a lot of record is divided by a use District zoning boundary, other than the boundary to an overlay zone, the following rules shall apply:

A. On lots of two (2) acres or less in area, the lot shall be used as if the entire lot were in the District which comprises the larger portion.

B. On lots larger than two (2) acres, the District regulations shall be followed in each portion.

Section 4 District Regulations.

4.1 Basic Requirement.

Permitted Uses and Uses requiring Site Design Review in all Districts shall conform to all applicable specifications and requirements. A Plumbing Permit, Building Permit, and/or Certificate of Occupancy shall be required for all buildings, uses of land and buildings, and sanitary facilities, according to the provisions of this Ordinance.

4.2 Land Use Requirements.

Except as hereinafter specified, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, or altered and no new lot shall be created unless in conformity with all of the regulations herein specified for the District in which it is located, unless a variance is granted.

4.3 District Regulations. (Amd 3/23/98)

Land uses in conformance with the provisions of this Ordinance are shown in the following table. Key:

CEO = Requires a permit from the CEO.

PB = Requires site design review by the Planning Board.

BOA = Permitted when a variance is obtained from the Board of Appeals. Then requires site design review by the Board of Appeals.

NO = Not permitted.

Fort Kent Land Use District Regulations

Use Structure	Commercial	Residential	Rural Farm 4	Industrial
Abattoir	NO	NO	PB	PB
Agriculture Product Processing and/or Storage	PB	NO	PB	PB
Agriculture Related Sales and Service	PB	NO	PB	PB
Airport	NO	NO	PB	NO
Amusement Facility (indoor)	CEO	BOA	PB	NO
Auction Barn and/or Antique Sales	CEO	BOA	PB	PB
Auto Body	CEO	NO	PB	CEO
Auto Car Wash	CEO	NO	PB2	CEO
Auto Repair/Sales	CEO	NO	PB	CEO
Automobile Graveyard	NO	NO	PB	PB
Bed and Breakfast	BOA	CEO	CEO	NO
Building Materials-Retail	PB	NO	CEO	CEO
Bulk Grain Storage	PB	NO	CEO	CEO
Bulk Oil and/or Gas Terminal	PB	NO	PB	PB
Campground	PB	NO	PB	NO
Cemetery	NO	NO	PB	NO
Church, Synagogue, and/or Parish House	PB	PB	CEO	NO
Clinic and/or Hospital	PB	PB	PB	NO
Commercial Agriculture	BOA	NO	CEO	PB
Commercial Cluster Development	PB	NO	PB	NO
Commercial Recreation	CEO	PB	PB	PB
Commercial Recycling Operation	PB	NO	PB	CEO
Community Center	PB	PB	PB	NO
Confined Feeding Operation	NO	NO	PB	NO
Day Care	BOA	BOA	CEO	PB
Demolition and/or Waste Disposal	NO	NO	PB	PB
Farm Stand	CEO	BOA	CEO	CEO
Fence	CEO	CEO	CEO	CEO
Fire and/or Police Station	PB	PB	PB	PB
Firewood Processing	BOA	NO	CEO	CEO
Funeral Home	CEO	PB	PB	NO
Gasoline Service Station	PB	NO	PB	PB

Use Structure	Commercial	Residential	Rural Farm 4	Industrial
Golf Course	NO	NO	PB	NO
Government Office	CEO	BOA	PB	NO
Gravel and/or Stone Storage	PB	NO	PB	PB
Gravel Pit, Quarry, and/or Mineral Extraction	NO	NO	PB	NO
Group Home, Hospice, and/or Nursing Home	PB	BOA	PB	NO
Home Occupations	BOA	BOA	PB	NO
Hotel/Motel	PB	PB	PB3	NO
Housing, Congregate	PB	PB	PB	NO
Housing, Duplex	NO	CEO	CEO	NO
Housing, Individual Mobile Home	NO	NO	CEO	NO
Housing, Manufactured Home	NO	CEO	CEO	NO
Housing, Mobile Home Park	NO	PB 2	PB2	NO
Housing, Multi-Family Dwelling	PB	PB	PB	NO
Housing, Residential Cluster Development	NO	PB	PB	NO
Housing, Single Family Dwelling	NO	CEO	CEO	NO
Individual, Private Campsite	NO	NO	CEO	NO
Industry, Heavy	NO	NO	PB2	PB
Industry, Light	PB	NO	PB2	PB
Industry, Light Cluster Development	PB	NO	PB2	PB
Junkyard	NO	NO	PB	PB
Kennel, Stable, and/or Veterinary Hospital	PB	NO	CEO	PB
Manufacturing, Light	PB	NO	PB2	PB
Mineral Exploration	NO	NO	PB	NO
Municipal Recycling Collection Point	BOA	BOA	PB	CEO
Municipal Recycling Facility	NO	NO	PB	CEO
Museum/Library	CEO	CEO	CEO	NO
Neighborhood Convenience Store	CEO	BOA	PB	NO
Park and/or Recreation	PB	PB	PB	NO
Parking Facility	PB	BOA	CEO	CEO
Pre-School	BOA	BOA	CEO	PB
Private and/or Semi-Public Club	BOA	BOA	CEO	NO
Professional Office	CEO	PB	CEO	NO

Use Structure	Commercial	Residential	Rural Farm 4	Industrial
Public or Private School	PB	PB	PB	NO
Public Utility Facility	PB	PB	PB	CEO
Publishing/Printing	PB	NO	PB	PB
Restaurant	CEO	PB	PB	PB
Retail Business	CEO	NO	PB	PB
Satellite Dish	CEO	CEO	CEO	CEO
Sawmill	NO	NO	PB	PB
Septage Disposal Site	PB	NO	PB	PB
Service Business	CEO	NO	CEO	CEO
Sign	CEO	CEO	CEO	CEO
Sludge Spreading	NO	NO	PB	PB
Swimming Pool	BOA	CEO	CEO	NO
Theatre, Indoor	PB	NO	PB	NO
Timber Harvesting	CEO(1)	CEO(1)	CEO(1)	CEO(1)
Trucking and/or Distribution Terminal	PB	NO	PB	PB
Utility	PB	PB	PB	PB
Warehouse and/or Storage	PB	NO	CEO	CEO
Wholesale Business	PB	NO	PB	CEO
Structure Accessory to Allowed Use	CEO	CEO	CEO	CEO
Use Similar to Not Permitted	NO	NO	NO	NO
Use Similar to Use Requiring CEO Permit	CEO	CEO	CEO	CEO
Use Similar to Use Requiring Planning Board Review	PB	PB	PB	PB
Use Similar to Use Requiring Board of Appeals Review	BOA	BOA	BOA	BOA

1. Maine Forest Service's Harvest Notification form shall be submitted with the Land Use Permit application. (Amd 3/23/96)

2. Allowed only within 1500 feet of the municipal sewer system. Where allowed, connection to the municipal sewer system shall be required and connection to the municipal water system may be required. The system(s) shall be designed and installed at the owner's expense, be reviewed and approved by the FKUD, and meet the standards and specifications contained within this Ordinance.

3. For purpose of the "Rural Farm" District, a "Commercial Sporting Camp", as defined herein, shall not be construed to be a "Hotel, Motel, Inn:.

4. Commercial and industrial uses may be allowed in the RF District upon proof by the applicant and approval by the Planning Board that the use is "Natural Resource Based Use", as defined herein.

Section 5 Dimensional Requirements.

A. Lots and structures in all Districts shall meet or exceed the dimensional requirements listed below.

B. Height requirements do not apply to barns, barn silos, flagpoles, chimneys, transmission towers, steeples, windmills, cooling towers, elevator bulkheads, sky lights, ventilators, and other necessary appurtenances carried above roofs; nor towers, stacks, spires, if not used for human occupancy; nor to ornamental towers, observatory towers, television and radio broadcasting towers and antennas and similar structures that do no occupy more than twenty-five (25) percent of the lot area; nor to churches and public institutional buildings; nor similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than its height.

C. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirement, herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements, herein.

D. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off street parking or loading space similarly required for any other building.

Dimensional Requirements Table.

Zoning Districts (Symbols Used on the Official Zoning Map)	RF	R	C	I
Principal Use	See: Section	4.3 - Land Use Chart
Dimensional Requirements 1
Minimum Lot Size	40,000 SF	With Public Sewer 10,000 SF Without Public Sewer 20,000 SF	None	None
Minimum Lot Frontage	150'	100'	30'	50'
Maximum Lot Coverage	25%	25%	N/A	50%
Minimum Yard Setback Dimensions 2
Principal Building
Front, from the legal right-of-way	50' 3	25'	43' 4	50'
Side	25' 3	25'	N/A	25'
Rear	25' 3	20'	20'	25'
Maximum Height Principal Building (stories)	-	2 l/2	3	3
(feet)	-	35'	40'	40'
Accessory Building
Front	50'	50'	-	-
Side	25'	25'	-	-
Rear	25'	20'	-	-
Stories	-	2	N/A	N/A
Lot with Existing Structure 5
Side	-	10'	-	-
Rear	-	10'	-	-
Minimum Off-Street Loading Space 6	See: Section 9.9
Minimum Off-Street Parking Space 6	See: Section 9.9
Minimum Off-Street Parking Space 6	See: Section 9.9

1. Required dimensions shall serve one principal building.

2. Minimum yard dimensions shall not apply to fences.

3. Structures used to house animals or to store animal waste shall be constructed not less than 200 feet from the legal road right-of-way and not less than 100 feet from side and rear property lines.

4. In a Commercial District the front yard setback shall be measured from the centerline of the road.

5. On any lot within a Residential District upon which a house existed on March 23, 1981, the minimum side and rear yard dimensions shall be no less than 10 feet from the property line.

6. No part of the yard or other open space of off-street parking or loading space required around any building shall be included as part of such space similarly required for any other building.

Section 6 Non-Conformance.

6.1 General.

A. Continuance, Enlargement, Reconstruction: Any non-conforming use, non-conforming lot of record, or non-conforming structure may continue to exist but may not be extended, reconstructed, enlarged, or structurally altered except as specified below.

B. Transfer of Ownership: Non-conforming structures, non-conforming lots of record, and non-conforming uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.

C. Restoration or Replacement: This Ordinance allows the normal upkeep and maintenance of non-conforming uses and structures; repairs, renovations, or modernizations which do not involve expansion of the non-conforming use or structure and the value of which is less than 25 percent of the market value of the structure before the repair is started; and such other changes in a non-conforming use or structure as Federal, State, or local building and safety codes may require. Any non-conforming use or structure which is hereafter damaged or destroyed by fire or any cause other than the willful act of the owner or their agent, may be restored or reconstructed within two (2) years of the date of said damage or destruction, provided that:

1. The non-conforming dimensions of any restored or reconstructed structure shall not exceed the non-conforming dimensions of the structure it replaces;

2. Any non-conforming structure shall not be enlarged except in conformity with this Ordinance and the Maine State Subsurface Wastewater Disposal Rules; and

3. Any non-conforming use shall not be expanded in area.

Nothing in this section shall prevent the demolition of the remains of any building so damaged or destroyed.

D. Essential Service: Nothing within this section shall restrict the extension, reconstruction, enlargement, or structural alteration of essential services. All plans for the extension, reconstruction, enlargement, or structural alteration of essential services shall be reviewed by the Planning Board.

E. Shoreland Areas: In designated shoreland areas, any non-conformance shall be required to meet the standards for that non-conformance contained in the Fort Kent Shoreland Zoning Ordinance.

6.2 Non-Conforming Use.

A. Resumption Prohibited: A lot, building, or structure in or on which a non-conforming use is discontinued for a period exceeding one (1) year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use, even if the owner has not intended to abandon the use.

B. A Structure Non-Conforming As To Use: Except for single-family dwellings, a building or structure, non-conforming as to use, shall not be enlarged unless the non-conforming use is terminated. Except in a Resource Protection District, single-family dwellings, which are non-conforming uses, may be enlarged as long as the dimensional requirements of the District in which they are located are met. A non-conforming use of part of a building or structure shall not be extended throughout other parts of the building or structure unless those parts of the building or structure were manifestly arranged or designed for such use prior to the adoption of this Ordinance, or of any amendment making such use non-conforming.

C. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use is equally or more appropriate to the District than the existing non-conforming use, and the impact on adjacent properties is less adverse than the impact of the former use as determined by the Board of Appeals. The case shall be heard as an administrative appeal. The determination of appropriateness shall require written findings on the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors, or other nuisances likely to result from such change of use. The Supplementary Regulations in Section 7 of this Ordinance shall apply to such requests to establish new non-conforming uses.

D. Use of Land: A non-conforming use of land may not be extended into any part of the remainder of a lot of land. A non-conforming use of land which is accessory to a non-conforming use of a building shall be discontinued at the same time the non-conforming use of the building is discontinued.

In the case of earth removal operations, the removal of earth may not be extended as a non-conforming use beyond the required setback lines of the specific lot upon which such operations were in progress when such use became non-conforming, as required by the performance standards for extractive industries. Adjacent lots in the same or different ownership shall not be eligible for exemption under the non-conforming use provisions unless earth removal operations were in progress on these lots before these provisions were enacted.

The provision of required off-street parking for an existing non-conforming use shall not be considered the expansion of the use.

6.3 Non-Conforming Structures.

Pertaining to dimensional requirements. Applications regarding non-conforming use shall be reviewed under the provisions above.

A. Enlargements Controlled: A non-conforming structure shall not be added to or enlarged unless: such addition or enlargement conforms to all the regulations of the District in which it is located; the addition does not increase the non-conformity of the structure; or a variance is obtained. In addition, state laws must be adhered to.

1. Exclusive of the Shoreland Zoning Ordinance which regulates expansions of structures in Shoreland Districts (see: Town of Fort Kent Shoreland Zoning Ordinance), the addition of an open patio with no structures elevated above ground level shall not constitute the expansion of a non-conforming structure. The addition of steps or the enclosure of an existing deck shall not constitute the expansion of a non-conforming structure. But, the addition of a deck shall constitute the expansion of a non-conforming structure and shall meet all the dimensional requirements of this Ordinance. (Amd 3/25/96)

2. The placing of a foundation below a lawfully existing non-conforming structure shall not constitute the expansion of the structure so long as the first floor space of the structure is not increased. In shoreland areas, the foundation cannot cause the structure to be elevated by more than three (3) additional feet.

3. Construction or expansion of a foundation under an existing dwelling which expands habitable space shall be considered an expansion and shall be subject to the State Plumbing Laws (Title 30, Maine Revised Statutes Annotated, S3221, Subsection 4) requiring documentation of wastewater disposal capabilities.

4. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume, by 30 percent or more, during the lifetime of the structure.

B. Discontinuance: Discontinuance of the use of a legally existing non-conforming structure shall not constitute abandonment of the structure. Conforming use of the structure may be commenced at any time.

C. Lack of Required Parking or Loading Space: A building or structure which is non-conforming as to the requirements for off-street parking and/or loading space shall not be enlarged, added to, or altered unless off-street parking and/or loading space is provided to bring parking and/or loading space into conformance with the requirements of this Ordinance for both he addition or alteration and for the original building or structure, or a variance is obtained.

6.4 Non/Conforming Lots of Record.

A. Vacant Lots: A vacant non-conforming lot may be built upon provided that such lot is in separate ownership and not contiguous with any other vacant lot in the same ownership, and that all provisions of this Ordinance except lot size and frontage can be met. Variance of setback or other requirements not involving area or width shall be obtained only by action of the Board of Appeals.

B. Built Lots: A non-conforming lot that was built upon prior to the enactment or subsequent amendment of this Ordinance is subject to the following restrictions. The structure(s) may be repaired, maintained, or improved, and may be enlarged in conformity with all dimensional requirements of this Ordinance except lot area, lot width, or lot frontage. If the proposed enlargement of the structure(s) cannot meet the dimensional requirements of this Ordinance a variance shall be obtained from the Board of Appeals.

C. Contiguous Built Lots: If two (2) or more contiguous lots or parcels are in single or joint ownership of record at the time of adoption of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principle use exists on each lot, the non-conforming lots may be conveyed separately or together, providing the State Minimum Lot Size Law and the State of Maine Subsurface Disposal Rules are complied with. If two (2) or more principal uses existed on a single lot of record on the effective date of this Ordinance, each may be sold on a separate lot.

D. Contiguous Lots - Vacant or Partially Built: If two (2) or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, if any of those lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if two (2) or more of the lots are vacant or contain only an accessory structure, the lots shall be combined to the extent necessary to meet the dimensional standards, except where rights have vested, or the lots have frontage on parallel roads and state laws are complied with.

E. Lot Width and Area Requirements: If a non-conforming lot of record or combination of lots and portions of lots with continuous frontage in single ownership are on record as of the effective date of this Ordinance, the lands involved shall be considered to be a single parcel for the purpose of this Ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Ordinance. No division of the parcel shall be made which leaves remaining any lot width or area below the requirements stated in this Ordinance.

6.5 Vested Rights.

Non-conforming use rights cannot arise by the mere filing of a notice of intent to build, an application for building permits, or an application for required state permits and approvals. Such rights arise when substantial construction of structures and development infrastructure improvements for Town approved subdivisions began prior to or within twelve (12) months of the adoption of this Ordinance, or in the case of pending applications when substantial review of an application has commenced. Such construction must be legal at the time it is commenced and the owner must be in possession of an in compliance with all validly issued permits, both state and local.

Section 7 Supplementary Regulations.

7.1 Bed & Breakfast.

A. There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling unit.

B. There shall be one bathroom provided for the rental rooms, in addition to the bathroom for the dwelling unit.

C. Each rental room shall have not less than ten by twelve (10 X 12) feet horizontal dimensions.

D. Each rental room shall be equipped with an approved smoke detector.

7.2 Buffers and Screening.

A. A landscaped buffer strip of no less than fifteen (15) feet in width and six (6) feet in height shall be provided to minimize the visual impact of adverse characteristics such as, but not limited to: storage areas, parking spaces, driveways, loading and unloading areas, waste collection and disposal areas, exposed machinery, sand and gravel extraction operations, and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse, and to protect abutting residential properties from the intrusion of noise, light, and exhaust fumes from such non-residential buildings and uses. The buffer areas shall be maintained and vegetation replaced to ensure continuous year round screening.

B. Where no natural vegetation or berries can be maintained on a year round basis, or due to varying site conditions, the landscaping may consist of fences, walls, tree plantings, hedges, or combinations thereof.

C. Any abutting residential property to a non-residential use should be effectively screened by a continuous landscaped area no less than six (6) feet in height along lot lines adjacent to the residential properties, except that driveways shall be kept open to provide visibility for entering and leaving.

D. Where a potential safety hazard to small children would exist, physical screening / barriers shall be used to deter entry to such premises.

E. The Planning Board may allow a buffer area of less width when site conditions, such as natural features, vegetation, topography, or site improvements, such as additional landscaping, berming, fencing, or low walls, make a lesser area adequate.

7.3 Elder Cottage Housing Opportunity (ECHO) Units.

A. Purpose. The purpose of these standards is to provide for the temporary habitation of a dwelling unit, to be occupied by an older person(s), on lots where single-family dwellings exist, except in the Shoreland and Resource Protection Districts, so that adult children may care for aging parents or certain persons with a disability as defined by MRSA 5, Section 4553.

B. The construction or placement of a temporary "ECHO" unit on a lot which a single-family dwelling is located may be allowed by a permit granted by the Code Enforcement Officer regardless of a non-conforming lot size and frontage if the following are met:

1. The owner of the principal structure must reside in either the principal structure or the "ECHO" unit.

2. The owner of the principal structure shall be related to occupants of the "ECHO" unit by blood, marriage, or adoption.

3. The occupants of the "ECHO" unit must be at least 62 years of age or be unable to live independently due to a disability.

4. The number of occupants of the "ECHO" unit shall be limited to two (2) persons.

5. All zoning setbacks and lot coverage requirements contained within this Ordinance shall be met. Wherever possible, the unit shall be placed to the side or rear of existing structures.

6. There shall be a separation of a minimum of fifteen (15) feet between the principal dwelling and the "ECHO" unit.

7. The maximum size of the temporary "ECHO" unit shall be 560 square feet of living space and shall be limited in size to accommodate one (1) bedroom. Mobile homes shall be allowed as "ECHO" units.

8. The subsurface sewage disposal system on the property shall be functioning properly and be of sufficient size to accommodate the additional flow. In addition, there shall be sufficient land area for an expansion or replacement system which is in compliance with the State of Maine Subsurface Wastewater Disposal Rules, if needed.

9. The parking requirements of the performance standards contained herein or those of the applicable zoning District apply.

10. Proper ingress and egress shall be provided to an "ECHO" unit.

11. Prior to the issuance of a building permit for the placement or construction of an "ECHO" unit by the Code Enforcement Officer, the owner of the property shall sign a binding agreement limiting the approval of an "ECHO" unit for the purposes set forth in this subsection and that "ECHO" unit must be removed within ninety (90) days from the date of occupancy cessation or when no qualified person lives within.

7.4 Electro-Magnetic Interference.

No use, activity, or process shall be conducted which produces electro-magnetic interference in the transmission or reception of electrical impulses beyond the lot lines, including radio and television. In all cases federal, state, and local requirements shall be met. Violation of this standard shall be considered a nuisance.

7.5 Exterior Lighting.

A. Maximum Height: The maximum height of free standing lights shall be the same as the principal building, but not to exceed twenty-five (25) feet.

B. Lighting of Parking Areas: The Planning Board shall determine the necessity for lighting of parking areas. All parking areas to be lighted shall provide a minimum of three (3) foot candles at intersections and a total average illumination of one and one-half (1.5) foot candles throughout the parking areas as required. Such lighting shall be shielded in such a manner as not to create a hazard or nuisance to the adjoining properties or the traveling public.

C. Required Light Levels:

1. Parking lots: An average of one and one-half (1.5) foot candles throughout.

2. Intersections: Three (3) foot candles.

3. Maximum at property lines: One (1.0) foot candle.

4. In residential areas: Average of six-tenths (0.6) foot candle.

7.6 Glare.

Lighting may be used which serves security, safety, and operational needs, but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings. Direct or indirect illumination shall not exceed 0.5 foot-candles upon abutting residential properties.

7.7 Home Occupations.

A. The use of a dwelling unit or property for a home occupation shall be clearly incidental to and compatible with the residential use of the property and surrounding residential uses.

B. There shall be no change in the outside appearance of the building or premise that shall cause the premise to differ from its residential character by use of colors, materials, construction, lighting, sounds, or noises.

C. Exterior storage of materials, such as, but not limited to, trash and any other exterior evidence of home occupation shall be located and screened so as not to detract from the residential character of the principal building.

D. Exterior display shall be limited to no more than two (2) single items representative of products sold or manufactured on premises, regardless of the number of articles which are sold or manufactured.

E. The following requirements shall be satisfactorily demonstrated to the Planning Board and the Code Enforcement Officer before a permit is issued:

1. The home occupation shall employ no more than three (3) persons other than family members.

2. The home occupation shall be carried on wholly within the principal or accessory structure.

3. The home occupation shall not occupy more than 35% of the total floor area of the structure (excluding basement floor area).

4. Objectionable noise, vibrations, smoke, dust, electrical disturbance, odors, heat, glare, or other nuisance shall not be permitted.

5. In addition to the off-street parking provided to meet the normal requirements of the dwelling, off-street parking shall be provided for each employee and user of the home occupation as provided for within Section 9.9 of this Ordinance.

6. No traffic shall be generated by such home occupation in a volume greater than would normally be expected during the peak hour.

7. The sale of products shall be limited to normal business hours and to those items which are crafted, assembled, or substantially altered on the premises, to catalog items ordered off the premises by customers, and to items which are accessory and incidental to a service which is provided on the premises.

8. Signs shall be permitted and must meet the performance standards for "Signs" within this Ordinance.

9. The home occupation shall not use utilities beyond that normal for residential properties.

10. The home occupation shall not involve the use of heavy commercial vehicles for daily delivery from or to the premises.

F. Should all of the above conditions not be maintained on a continual basis once the permit has been issued, the Planning Board, upon the advice of the Code Enforcement Officer, shall schedule a public hearing to determine whether the permit should be rescinded.

G. All other applicable standards of this Ordinance shall also be observed.

7.8 Kennels and Veterinary Hospitals.

A. Structures or pens for housing or containing the animals shall be located not less than one hundred (100) feet from the nearest residence, other than the owners', existing at the time of permit.

B. All pens, runs, or kennels, and other facilities shall be designed, constructed, and located on the site in a manner that will minimize the adverse effects upon the surrounding properties.

C. The owner or operator of a kennel shall maintain the premises in a clean, orderly, and sanitary condition at all times.

D. Temporary storage containers for any kennel, or veterinary wastes containing or including animal excrement, shall be kept tightly covered at all times.

E. If an incineration device is to be installed by the applicant, the applicant shall provide evidence that they have obtained approval from the Maine Department of Environmental Protection for the proposed incinerator.

F. All other relevant standards of this Ordinance shall also be observed.

G. No owner of animals or operator of a kennel shall allow any animals to create objectionable noise disturbance, odors, or other nuisances. (Amd 3/25/96)

7.9 Landscaping.

A. The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes in keeping with the general appearance of neighboring developed areas. Landscaping shall be designed to soften, screen, or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses. All parking lots shall be landscaped along the property boundaries with shrubbery, trees, and other landscape materials. Large parking lots shall provide one 2 1/2" caliper shade tree per 20 parking spaces (6 trees per acre) located at representative points throughout the lot.

B. Filling/Build-up of lot shall be allowed, however limited to a maximum of one hundred (100) cubic yards. A permit shall be required for amounts in excess of one hundred (100) cubic yards and shall meet requirements, of all Zoning, Shoreland, and Floodplain Management Ordinances. (Amd. 3/24/97)

1. Fill material shall include, but not limited to: stone, gravel, loam, brush, or other combination of suitable materials so approved by the C.E.O. and/or other state agencies where applicable. (Amd 3/24/97)

2. A vegetative cover by seeding shall be established as soon as possible and within one year to prevent soil erosion and sediment runoff. Site shall be reclaimed in accordance with section 7.11e of the Fort Kent Zoning Ordinance and/or with a plan approved by the C.E.O. (Amd 3/24/97)

7.10 Manufactured Housing/Mobile Homes.

A. All manufactured housing/mobile home units to be relocated within the Town from outside of the Town shall be placed on an adequate foundation, have residential siding, and a pitched roof covered with shingles or other material approved by the Code Enforcement Officer. These design requirements shall not be applied to prevent relocation of units within the Town constructed prior to June 15, 1976 that were legally sited in Town as of August 4, 1988.

B. Mobile Home Parks: Except as required under Title 38, or an ordinance adopted by the Town pursuant to Title 38, the Town shall require each lot in a mobile home park be provided a minimum lot area, frontage, and setbacks as follows:

1. Lots served by a public wastewater disposal system.

a. Minimum lot area: 6500 SF

b. Minimum lot width: 50 feet

2. Lots served by individual subsurface wastewater disposal systems.

a. Minimum lot area: 20,000 SF

b. Minimum lot width: 100 feet

3. Lots served by a central subsurface wastewater disposal system approved by the Maine Department of Human Resources.

a. Minimum lot area: 12,000 SF

b. Minimum lot width: 75 feet

c. The overall density of the mobile home park served by a centralized system shall not exceed one dwelling unit per 20,000 square feet of total park area.

4. Minimum Setbacks.

a. Structures shall not be located less than 15 feet from any mobile home park individual lot line. b. Mobile homes in a mobile home park adjacent to a public road shall be set back from the road a distance equal to the set back requirements for other residential development in that District. c. No mobile home park lot may have direct vehicular access onto a state or Town-maintained road.

5. A 50 foot wide buffer strip shall be provided along all property lines that:

a. abut residential land which has a gross density of less than half of that proposed in the mobile home park; or

b. abut residential land that is zoned at a density of less than half of that proposed in the mobile home park. .

c. In addition, no structures, roads, or utilities may be placed in the buffer strip except that they may cross a buffer strip to provide services to the mobile home park.

6. No mobile home park lot may be sold or conveyed unless such lot sold meets the lot size and dimensional requirements indicated above and the Mobile Home Park requirements contained within the Fort Kent Subdivision Ordinance.

7.11 Mineral Exploration and Extraction.

A. Mineral Exploration.

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 one hundred (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.

B. Mineral Extraction.

1. Any extraction operation that requires a permit from the Maine Department of Environmental Protection (MDEP) under the Site Location of Development Act shall obtain written approval from the MDEP and the Planning Board.

2. Any mineral extraction activity of less than five (5) acres and/or any mineral extraction activity which will remove more than 1000 cubic yards of product within 12 successive months shall require a permit from the Planning Board.

C. Submission Requirements.

The following submission requirements shall apply to any mineral extraction activity of less than five (5) acres and/or any mineral extraction activity which will remove more than 1000 cubic yards of product within 12 successive months.

1. Existing and proposed limits of the excavation, clearly delineated.

2. Entrance and exit locations.

3. Slopes and vegetation for protecting adjacent structures.

4. Plan(s) and schedule for reclamation. A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of subsection E, Reclamation, below. 5. Location of any significant wildlife habitats as designated by the Maine Department of Inland Fisheries and Wildlife and areas listed under the Maine Department of Economic and Community Development's, Natural Areas Program.

D. Review Criteria and Standards.

1. The area of a working pit shall not exceed four (4) acres

2. Existing vegetation within a buffer strip shall not be removed. If vegetation within the buffer strip has been removed or disturbed by activities related to the operation of the extraction operation, that vegetation must be reestablished as soon as practicable. A buffer strip of not less than seventy-five (75) feet shall be maintained between the location of any extraction of materials and all property lines.

3. A 300-foot separation shall be maintained between any area to store petroleum products and any private drinking water wells.

4. A 200-foot separation shall be maintained between any excavation and any private drinking water supply in existence prior to that excavation.

5. A 1000-foot separation shall be maintained between any excavation and any public drinking water supply.

6. Petroleum products shall not be stored in the pit.

7. There shall be no storage or dumping on the pit of any substances or materials that could produce harmful leachate.

8. No oiling of access and haul roads is permitted.

9. Excavation shall not occur within five (5) feet of the seasonally high water table.

10. Excavation activities shall not occur below road level within 25 feet of a road right-of-way and shall maintain a 2.5 percent slope away from the right-of-way, except that excavation activities may occur below road level within 25 feet of a private road right-of-way with the written permission of the owner.

11. No part of any extraction operation, including drainage and run-off control features, shall be permitted within one hundred (100) feet of the normal high water line of a Great Pond, and within seventy-five (75) feet of the normal high water line of any other water body, tributary stream, or the upland edge of a wetland.

12. Erosion and sedimentation control for access roads shall be conducted according to best management practices adopted by the SCS.

13. There may not be more than two (2) acres of stockpiles within the working pit at any time.

14. Noise levels shall not exceed applicable noise limits as adopted by the MDEP.

15. The hours of operation at the site shall conform to the time between sunrise and sunset at Fort Kent, ME.

16. In keeping with the purposes of this Ordinance, the Planning Board may impose other conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

E. Reclamation.

Within twelve (12) months of the completion of extraction operations, or the expiration of a CEO permit, or which operations shall be deemed complete when less than one thousand (1000) cubic yards of materials are removed in any consecutive twelve (12) month period, the site shall be reclaimed in accordance with a plan approved by the CEO. The affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Such plan shall include:

1. A vegetative cover by seeding shall be established within one year of the completion of excavation. Vegetative cover shall be declared acceptable after one year if: (1) the planting of trees and shrubs results in a permanent stand or stand capable of regeneration and succession, sufficient to ensure a 75 percent survival rate; and (2) the planting of all materials results in permanent 90 percent ground coverage.

2. All structures and facilities shall be removed and, once no longer in productive use, all access roads, haul roads, and other support roads shall be reclaimed.

3. The final graded slope shall be two to one (2.5:1) slope or flatter.

4. Reclamation of the pit shall not be made with any substance or material that could either have a harmful leachate or create an impermeable base.

5. All affected lands shall be reclaimed within one (1) year.

7.12 Rear Lots

Rear lots may be developed for any permitted use if they are or can be provided with a right-of-way, which complies with the following provisions:

A. If a rear lot is accessible only by a legally enforceable right-of-way, it may be used if the following conditions are met:

1. The right-of-way must be conveyed by deed recorded in the Aroostook County Registry of Deeds, Northern Office to the owner of the rear lot and be a minimum of 50 feet in width.

2. A legal description of the right-of-way by metes and bounds shall be attached to any building permit application for construction on the rear lot.

3. Except for lots recorded on the effective date of this Ordinance, the right-of-way deed must be recorded in the Aroostook County Registry of Deeds, Northern Office at the time the rear lot is first deeded out as a separate parcel.

4. Creation of the right-of-way to serve the rear lot shall not create a non-conforming front lot by reducing such lot's required road frontage below the minimum, or, if the front lot is already non-conforming, with respect to road frontage, reduce its road frontage at all.

5. The right-of-way may serve only one single-family dwelling unless the following provisions are met:

a. The right-of-way may serve two single-family dwellings if a driveway meeting the standards contained in the Town's road construction standards is built.

b. The right-of-way may serve more than two dwellings provided the applicable provisions of the Town's road construction standards and subdivision ordinance are met.

6. If the right-of-way is brought up to standards as set forth in the Town's road construction standards, further dwellings may be constructed on a rear lot with Planning Board approval, provided all other space and bulk requirements are met for each such dwelling. For purposes of such approval, the sale or lease of additional lots or the construction of an additional dwelling or dwellings served by the right-of-way shall be considered in the same manner and under the same restrictions and requirements as if such division or construction were a subdivision.

7. Each single-family dwelling on a back lot shall be located within an area large enough to hold a circle with a minimum diameter equal to the required road frontage as required for a single family dwelling in the District.

8. A lot of record which could otherwise be legally built upon, but which is served by a right-of-way which does not comply, herein, may nevertheless be used for a single-family dwelling with Planning Board approval. This provision shall not be interpreted to allow lots created after the effective date of this Ordinance, to not have to comply, herein. The Planning Board shall require the following before approval may be granted:

a. A copy of the deed or other legal instrument which grants use of the right-of-way and the description of the right-of-way;

b. An agreement between those who share use of the right-of-way which sets forth adequate maintenance provision for the right-of-way;

c. The names and addresses of all other granted use of the right-of-way;

d. Assurance in such form as the Planning Board may require that all other applicable state laws and regulations and local ordinances will be complied with; and

e. A statement in recordable form signed by the applicant that if conversion of summer camps or the erection of new dwellings accessed by the unaccepted right-of-way occurs, those persons owning property on the unaccepted right-of-way shall continue to assume responsibility for maintaining and plowing the access road and that, because the private access road is not constructed to Town road standards, the travel of personal, service, emergency, and maintenance vehicles over the access road may be hindered. Nothing contained within shall be construed as requiring the Town to provide additional services to properties on unaccepted rights-of-way not already receiving those services or to accept such rights-of-way as public roads.

7.13 Satellite Receiving Dish.

No satellite receiving dish greater than 24" in diameter may be located between a building and a public road unless the building is greater than 150 feet from the road.

7.14 Signs.

A. General Requirements.

1. A permit for all proposed business, commercial, industrial, and home occupation signs shall be approved by the Code Enforcement Officer and meet the standards contained within this Ordinance. (Amd. 3/25/96)

2. Existing non-conforming signs shall not be replaced by another non-conforming sign. Existing non-conforming temporary signs shall be removed within six (6) months of the adoption of this Ordinance, with future use directed by, Temporary Signs, below.

3. The sale of real estate may be advertised by non-illuminated temporary signs, no larger than six (6) square feet in area. Each broker or person advertising the sale shall be permitted only one sign on any premises. All such signs shall be removed upon the transfer of ownership.

4. Rental vacancies may be advertised with a non-illuminated sign on the rental property and be no larger than two (2) square feet in area. Such sign shall be erected only during such time as the rental property is vacant.

5. Except for Maine Department of Transportation approved off-premise signs governed by MRSA 23, Section 1901 et seq., signs shall be placed on the same lot as the use of the activity they are advertising, relate to the premises on which they are located, and shall only identify the occupant of such premises or advertise the service available within said premises. There shall be no temporary promotion signs, banners, streamers, or placards erected, suspended, posted, or affixed in any manner outdoors or on the exterior of the premises except as provided in this Ordinance. Product advertising is prohibited except where the product is generic to the business.

6. No sign shall be erected adjacent to any roadway in such a manner as to obstruct clear and free vision, or where, by reason of its position, shape, color, or wording the sign may interfere with or obstruct the view of, or be confused with any authorized traffic sign, signal, or device or otherwise constitute a hazard to pedestrian or vehicular traffic.

7. Signs for home occupations may display one non-illuminated sign, not exceeding sixteen (16) square feet in area. Said sign must not detracted from the character of the residence or the neighborhood. (Amd. 3/26/01)

8. Signs facing into residential Districts within three hundred (300) feet shall be illuminated only by direct white light.

B. In Residential and Rural Farm Districts only the following signs shall be permitted.

1. Signs are permitted and may be used to convey the inhabitants' names, the property name, and safety and caution messages. Such signs shall not be placed on the roof of the building and shall be no larger than two (2) square feet.

2. Rental vacancies may be advertised with a non-illuminated sign no larger than two (2) square feet. Such sign shall be erected only during such times as the rental property is vacant.

3. Educational and religious uses may display one non-illuminated sign for each building. No such sign shall be larger than sixteen (16) square feet in area. (Amd. 3/26/01)

4. Other non-residential uses may display one non-illuminated sign, not exceeding sixteen (16) square feet in area. (Amd. 3/26/01)

5. Illumination of signs in residential districts shall be only by direct white light.

C. In Commercial and Industrial Districts only the following signs shall be permitted.

1. On each premises there is permitted one sign affixed to the exterior of a building for each occupancy therein.

a. If attached to the structure by way of a frame or bracket, which overhangs a pedestrian walkway or public sidewalk, it shall not extend beyond five (5) feet of the structure face to which attached and have a vertical height clearance between the sign bottom and/or sidewalk/pedestrian walkway of ten (10) feet.

b. If the proposed sign is to be attached to the structure without the use of overhanging frames or brackets, the "wall sign" shall not extend or project more than twelve (12) inches from the structure surface. Cut out letters should not project more than six (6) inches from the building wall.

2. Free-standing signs are limited in number to one per building, except that, where one occupant occupies more than one building per lot or a combination of lots mutually adjoining and in common ownership, only one free-standing sign shall be permitted. The top edge of any such free-standing sign shall not be higher than sixteen (16) feet vertical measure above the grade of the road nearest the sign support(s). For traffic safety, where vision may be obscured entering a public road, the whole of the sign board or display elements of any free-standing sign shall be either below three (3) feet in height or above ten (10) feet in height above the road grade. A free-standing sign may be located within the front yard space, but shall not be closer than ten (10) feet to the road right-of-way, and be no closer than twelve (12) feet to either of the lot side lines. Where an existing principal building is within fifteen (15) feet of the road right-of-way, a freestanding sign may be located within ten (10) feet of the road right-of-way.

3. No sign shall have a signboard area (or display area, if no signboard) exceeding thirty-two (32) square feet. The gross area is the measure of the area within a line connecting and completely enclosing the extreme most points of the sign.

D. Maine Department of Transportation Official Business Directional (O.B.D.) Signs.(Amd 3/24/97)

1. Official business directional signs are permitted, however limited to "local" business or retail establishments which are regulated and governed by this Ordinance.(Amd 3/24/97)

2. Placement location, quantity and quality of O.B.D. signs shall meet site design standards set forth:

a. No sign shall be placed closer than one hundred (100) feet from any street intersection.(Amd 3/24/97)

b. No more than three (3) signs may be on same sign support and wordage shall comply with MRSA 23, Section 1901 et seq.(Amd 3/24/97)

c. Size of sign shall be limited to twelve (12) inches x forty-eight (48) inches, State of Maine dimensional specifications. Only non-reflectorized O.B.D. signs are permitted. (Amd 3/24/97)

E. Shoreland Areas: See: The Fort Kent Shoreland Zoning Ordinance.

F. Sign Exception:

Nothing within this Ordinance shall prohibit the use of the following signs or signs exempted by MRSA 23, Section 1901 et seq.:

1. Flags and insignia of any government.

2. Legal notices, identification, information, or directional signs erected or required by governmental bodies.

3. Signs directed and guiding traffic and parking on private property, but bearing no advertising matter or commercial identification.

4. Barber poles.

5. Signs painted, stamped, perforated, or stitched or otherwise applied to the valence of an awning.

G. Prohibited Signs. The following permanent signs are prohibited:

1. Billboards.

2. Off-premise signs.

3. Sign(s) erected on utility owned poles.

4. Sign(s) erected on trees.

5. Searchlights.

6. Hot air or gas filled balloons, or umbrellas used for advertising.

7. Sign(s) mounted or painted on a vehicle for advertising purposes, parked, and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business.

8. Sign(s) designed to be transported by trailer on wheels.

9. "A" frame signs.

10. Any sign extending or protruding over public property within two (2) feet of the curb line. Signs extending or protruding over public property shall be approved by the Code Enforcement Officer.

11. Signs hung from another sign.

12. Any noise making sign.

13. Any colored sign so located as to attract attention from or obstruct traffic control lights so as to reduce its visibility and effect.

14. Any sign within twenty-five (25) feet of an intersection of two (2) roads so placed in any way as to obstruct clear vision in any direction.

15. Any device illuminating a sign which directs light toward a public way in such a manner as to cast its beam in the eyes of oncoming motorists or pedestrians.

H. Temporary Signs.

Temporary signs for special events may be posted upon written permit from the Code Enforcement Officer. The Code Enforcement Officer shall only grant such a permit after presentation of evidence that the authorities controlling the proposed location of the sign have approved its posting. A temporary sign shall be posted for a period not to exceed twenty (20) days. The applicant shall remove said signs upon termination of the permit. Street banners shall be not be larger than two (2) feet in height and fifty (50) square feet in area. Permits for hanging street banners across a public way shall be issued only upon the indication to the Code Enforcement Officer of complete liability in writing by the person, firm, or corporation hanging the banner for any damage resulting from the placement of said banner. Such liability shall be acknowledged upon the application for the permit. No temporary sign, other than a street banner, shall be larger than six (6) square feet per side.

7.15 Soils.

No land use shall be permitted in any area where the soil is rated severe or very severe for the proposed activity according to the Aroostook County Soil Survey of the USDA Soil Conservation Service, unless satisfactory evidence is presented to the Code Enforcement Officer within the application for a permit, that construction methods shall overcome any pertinent soil inadequacies.

7.16 Swimming Pools.

1. Swimming pools installed after the effective date of this Ordinance shall require a permit issued by the Code Enforcement Officer.

2. All swimming pools shall meet accessory structure setback requirements for the District they are to be located in.

3. Enclosures of swimming pools shall comply with the provisions of Title 22, MRSA Section 1632.

7.17 Temporary Dwellings.

A. Purpose: To provide for the temporary habitation of one dwelling during the construction or renovation of a second dwelling on lots, except within the Shoreland and Resource Protection Districts.

B. The Code Enforcement Officer may issue a Temporary Dwelling permit for the purpose of the owner residing in one dwelling while a new dwelling is constructed or an existing dwelling is renovated, only if all of the following are met:

1. The temporary structure to be resided in during the construction or renovation of the second (primary) structure shall be connected to an approved subsurface sewage disposal system.

2. All zoning setbacks and lot coverage requirements of this Ordinance shall be met.

3. The owner must reside in one of the structures during construction or renovations.

4. The structure which is not to be the principle residence shall be resided in for not more than eighteen (18) months from the date of the issuance of the permit for the construction of the primary residence.

5. Within eighteen (18) months from the date of the issuance of a permit in the case of a mobile home it shall be removed from the lot and other structures shall be converted to an accessory structure or removed.

6. Prior to the issuance of a building permit for the construction and renovation on a lot where a temporary residential structure will be located, the owner shall sign a binding agreement with the Town of Fort Kent that the provisions of this section shall be complied with.

Section 8 Site Design Review.

8.1 Purposes for Site Design Review.

The purposes of this section are:

A. To provide for the Town review of projects that could impact on the environment and the community;

B. To promote and protect the health, welfare, and safety of the residents;

C. To provide local protection from those particular nuisances which are not governed by State law or regulation;

D. To balance the rights of landowners to use their land with the corresponding right of abutting or neighboring landowners to live without undue disturbance from nuisances such as noise, smoke, dust, odor, glare, traffic, storm water runoff, or the pollution of ground or surface waters;

E. To reduce the off-site problems associated with development, thereby decreasing the cost of maintaining or improving Town services;

F. To conserve's the Town's natural beauty and visual character by ensuring that structures, signs, and other improvements and uses of land are sited and developed with due regard to the aesthetic qualities of the natural terrain and that proper attention is given to exterior appearances of structures, signs, other improvements, and uses of land; and

G. To implement the policies and strategies of the comprehensive plan.

8.2 Applicability of Site Design Review.

A. Site Design Review by the Planning Board in conformity with the criteria and standards of this section shall be required for the following:

1. Uses in each District which require Site Design Review as identified in Section 4, District Regulations, of this Ordinance; or (Amd 3/25/96)

2. The change in on-site vehicle access of any existing parking lot or driveway.

Not withstanding the above:

1. Single-family and two-family (duplex) residential dwelling development, including their basement excavations, are exempt from the requirements of this Ordinance.

2. In addition, the following activities are exempt: repairs, replacement, and/or normal maintenance not requiring structural elements, decorative changes in existing structures or buildings, provided that the activity is in conformance with federal, state, and/or local laws and does not involve any other physical modifications or changes requiring a permit under this Ordinance.

8.3 Site Design Approval.

A. All development projects defined shall require the approval of the Planning Board as provided by this Ordinance.

B. A public hearing may be scheduled for any application if the proposed development poses the potential for significant impacts to Town facilities or natural resources. Said hearing shall be conducted prior to final action by the Planning Board on the application.

C. All site design approvals shall expire within one (1) year of the date of final Planning Board approval, unless work there under is commenced and 50% of the approved plan is completed and an extension is approved by the Planning Board for an additional year. If work is not completed within two (2) years from the date of final Planning Board approval, a new application must be made. There will be no additional charge.

D. In the event that a site design is recorded with the Aroostook County Registry of Deeds without approval of the Planning Board, the design shall be considered null and void, and the Planning Board shall institute proceedings to have the design stricken from the records of the Aroostook County Registry of Deeds. Any site design not recorded in the Aroostook County Registry of Deeds, Northern Office within ninety (90) days of the date of final approval of the Planning Board shall become null and void.

E. The approval by the Planning Board of a site design shall not be deemed to constitute or be evidence of any acceptance by the Town of any road, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the Town, approval of the design shall not constitute an acceptance by the Town of such areas. The Planning Board shall require the design to contain appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

F. Site Design approval is not required for the normal and customary practices and structures associated with agriculture as defined within this Ordinance.

8.4 Site Design Notification.

A. The Town Clerk shall notify all abutting property owners of the property involved and such other property owners as the Planning Board may deem necessary. It shall be the responsibility of the applicant to supply the names and mailing addresses of the abutting or other identified property owners. Failure to provide full documentation could delay the application. The notice shall include a description of the nature of the applicant's proposal and the time and place of the Planning Board meeting or the public comment time period required.

B. The Town Clerk shall notify the property owners of the site design review request at least fourteen (14) days before the first workshop meeting and first public hearing, if a public hearing is necessary, where the application will be discussed. The Planning Board shall not make a decision on the application for a period of thirty (30) days after the date the Planning Board has determined that the application is complete to provide an opportunity for public comment.

C. The agenda of Planning Board meetings shall be posted at three (3) prominent locations throughout the Town at least seven (7) days before the date of the meeting. The agenda notice shall include a brief description of the application and the Ordinance(s) by which the proposal is to be reviewed.

8.5 Site Design Fees and Guarantees.

A. Expert Consultant: The Planning Board may require that an expert consultant(s) review one or more submissions of an application and report as to compliance or non-compliance with this Ordinance, and advise if necessary, of procedures which will result in compliance. The consultant shall estimate the cost of such review. The final fee amount shall be approved by the Town Council. The applicant shall deposit with the Town the full estimated cost which the Town shall place in an escrow account. The Town shall pay the consultant from the escrow account. If the balance in the escrow account is drawn down by 75%, the Board shall notify the applicant and require an additional amount. Any balance in the account remaining after a final decision on the application has been rendered shall be returned to the applicant. The consultants shall be fully qualified to provide the required information and shall be mutually acceptable to the Town and the applicant.

B. Performance Guarantee: At the time of approval of the application for site design review, the Planning Board may require the applicant to tender a performance guarantee (see: Fort Kent Subdivision Ordinance, Section 11, Performance Guarantees for requirements) adequate to cover the total costs of all required improvements, taking into account the time-span of the bond and the effects of inflation upon costs. The conditions and amount of the guarantee shall be reasonably necessary to ensure the completion of all improvements required as condition of approval of the application, in such form as approved by the Planning Board and the Town. The Town shall have access to the site to review the progress of the work and shall have the authority to review all records and documents related to the project.

C. Defect Bond: The developer shall provide a one-year defect bond upon completion of all public improvements. The amount of the defect bond shall be ten percent (10%) of the amount of those public improvements approved as part of the site design. The bond shall be placed in an account in the Town's name. The bond, including accrued interest, remaining in the account and which has not been spent or appropriated shall be returned to the applicant within three hundred and sixty (360) days from date of final Planning Board approval.

D. Complete Application: Irrespective of any other provision of this Ordinance, the Planning Board shall not consider an application complete if the applicant fails to pay any of the fees, bonds, or guarantees, or appeals any fee, bond, or guarantee determination. If the applicant appeals the payment of any fees, bonds, or guarantees to the Board of Appeals, the Board shall decide whether the fee, bond, or guarantee is reasonable for the purpose found necessary by the Planning Board. The fee, bond, or guarantee shall be placed into an appropriate account in the Town's name. The money, including any accrued interest, remaining in the account and which has not been spent or appropriated, shall be returned to the applicant within thirty (30) days after the Planning Board issues its final decision on the proposal.

8.6 Site Design Review Application and Process.

A. A person informed by the Code Enforcement Officer or Planning Board that they require Site Design Review approval shall file a Site Design Review application with the Code Enforcement Officer on forms provided for the purpose. It shall be the responsibility of the applicant to demonstrate that the proposed use meets the Site Design Criteria and Standards of Section 8.8, herein.

B. All applications shall be made by the owner of the property or their agent, as designated in writing by the owner. A site design application must be diligently pursued from the date of submission.

C. The Code Enforcement Officer shall make an initial determination of the completeness of the application, which shall be subject to the final determination of the Planning Board. Any application which the Code Enforcement Officer initially determines to be incomplete shall not be passed on to the Planning Board, but shall be returned to the applicant by the Code Enforcement Officer with a written notice of the additional information required. The written notice shall set forth those items which need to be submitted and that the applicant will have one hundred and twenty (120) days to complete the application. If the applicant fails to submit any item specified within the one hundred twenty (120) days of the date of said notice from the Code Enforcement Officer, the application shall expire and shall be deemed null and void. Nothing in this section shall prevent the Code Enforcement Officer from requiring additional information as otherwise permitted or required by the terms of this Ordinance. At such time that the additional information has been supplied, the Code Enforcement Officer shall pass the application on to the Planning Board for review and final determination of completeness.

D. Applications shall not be considered as having pending status and shall be subject to changes in local, state, or federal laws until the time they have been determined to be complete final applications by the Planning Board.

E. The Planning Board may require the applicant to undertake any study which it deems reasonable and necessary to insure that the requirements of the Ordinance are met. The cost of all such studies shall be borne by the applicant.

F. The following application process shall be followed to facilitate site design review.

1. Site Design Review Application Process.

a. Upon receipt of an application for site design review from the Code Enforcement Officer, the Planning Board shall schedule the development for concept or final plan review at the next available Planning Board meeting. The Planning Board may advise the applicant whether concept plan review is appropriate prior to submission of a final plan; however, the applicant shall determine whether to seek concept or final plan review prior to submitting an application for final plan review. Neither concept or final plan review shall occur unless there is evidence that the required public notice has been given and the material required by Section 8.7(B) or Section 8.7(C) of this Ordinance is filed with the Planning Board in a timely manner. The application is distributed to the appropriate Town departments. Final determination as to the completeness of applications for concept plan and final plan review shall be made by the Planning Board.

b. Concept Plan Review.

Concept plan review is intended to provide the applicant with an opportunity to discuss the proposed development; obtain the Planning Board's comments prior to expending significant resources in furtherance of specific development plans; and gain an understanding of the review procedures, requirements, and standards. The Planning Board may identify issues that are to be addressed in the final plan application. No decision is made during concept plan review.

c. Final Plan Review.

Within 60 days after determining that an application is a complete, the Planning Board may conduct a public hearing on the proposed development, if the development poses the potential for significant impacts to Town facilities or natural resources, unless either the applicant or the Planning Board determines that additional workshops are necessary. The Planning Board shall issue a written decision approving, approving with conditions, denying, or tabling the final plan. If the Planning Board tables the item, an additional public hearing must be held. If the Planning Board shall vote to approve the site design application, the Code Enforcement Officer shall issue a permit, provided that all other requirements of the Ordinance are met.

d. Statement of Findings.

All findings and decisions by the Planning Board denying or conditionally approving any site design shall be made in writing or reduced to writing within thirty (30) days of the decision and shall state the reason(s) therefore sufficient to appraise the applicant and any interested member of the public of the basis for the decision. The Planning Board's decisions regarding site designs are appealable by the applicant or an abutter to the Board of Appeals. Site design decisions of the Board of Appeals are appealed to the Superior Court.

e. Applications Requiring Other Public Agency Review.

1. The Planning Board may approve complete final applications subject to the condition that all necessary permits be received from agencies such as, but not limited to, the Army Corps of Engineers, Maine Department of Environmental Protection, Maine Department of Transportation, or Maine Department of Human Services. However, the Planning Board may require that approvals required by state or federal law be submitted to the Town prior to final approval upon finding that the permits from state or federal agencies may have a significant effect on the site design application.

2. The Planning Board may request copies of the application to be forwarded to other Town committee(s). The comments of the committee(s) are advisory to the Planning Board and shall pertain to the application's conformance with the review criteria of this Ordinance. The Planning Board may postpone final decisions regarding the application until such time as the comment from the Town committee(s) has been submitted.

8.7 Site Design Review Application Requirements.

A. Required Number of Copies.

Final application for Site Design Review shall consist of five (5) copies of the required information. The applications are to be submitted to the Code Enforcement Officer no later than twenty-one (21) days prior to the meeting at which the item is to be heard.

B. Concept Site Design Plan.

1. The Planning Board may review applications as concept site design plans. These are applications that do not meet the final plan requirements. At a minimum, concept plan applications should include the following information:

a. Concept Site Design Requirements.

1. Name and address of the owner of record and developer (if different);

2. Name of the proposed development;

3. Names and addresses of all property owners within 500 feet of the edge of the property line and others indicated by the Planning Board as being impacted;

4. Names and addresses of all consultants working on the project;

5. Graphic scale and north arrow;

6. A copy of the deed to the property, option to purchase the property, or other documentation to demonstrate right, title, or interest in the property on the part of the applicant;

7. Location and dimensions of any existing or proposed easements and copies of existing covenants or deed restrictions;

8. Name, registration number, and seal of the land surveyor, architect, engineer, and/or similar professional who prepared the plan;

9. All property boundaries, land area, and zoning designations of the site, regardless of whether all or part is being developed at this time;

10. Size, shape, and location of existing and proposed buildings on the site including dimensions of the buildings and setbacks from property lines;

11. Location and layout design of vehicular parking, circulation areas, loading areas, and walkways including curb cuts, driveways, parking space and vehicle turn around area dimensions;

12. Location and names of roads and rights-of-way within and within 200' adjacent to the proposed development;

13. Proposed finish grades and graphic arrows indicating the direction of storm water runoff;

14. Conceptual treatment of on and off site storm water management facilities;

15. Location and sizes of existing and proposed sewer and water services including connections;

16. Conceptual treatment of landscaping buffers, screens, and plantings;

17. Location of outdoor storage areas, fences, signs (front view and dimensions), advertising features, and solid waste receptacles;

18. Concept map illustrating the area surrounding the site which will be affected by the proposal including all roads, sidewalks, intersections, storm water drainage ways, sanitary sewer lines and pump stations, nearby properties and buildings, zone Districts, and geographic features such as, but not limited to, wetlands, natural features, historic sites, flood plains, significant scenic areas, and significant wildlife habitats as provided in the Comprehensive Plan; and

19. Plans for all proposed exterior lighting including the location, type of light, radius of light, manufacturer's specifications sheet, and the ground level intensity in foot-candles.

a. Project Description.

The project description is to describe the proposal, its scheme of development, and proposed land uses. The project description shall also include estimates from qualified professionals as to the anticipated gallons per day of wastewater, the number of vehicles entering and leaving the site during the day (and at peak traffic hours), the increased amount of storm water runoff, and the rate of the storm water runoff of the post-development site.

C. Final Site Design Plan.

The final site design plan application shall include all information required in Section 8.7(B), above and in addition shall require the following information:

a. Boundary Survey: Prepared by a licensed Maine surveyor indicating the boundaries, permanent markers, encumbrances, and topography of the site.

b. Storm water Management Plan: Prepared by a Maine licensed professional engineer analyzing the proposal's impact on existing storm water facilities and watersheds. The storm water management plan shall include a map of all watersheds significantly impacted by the proposal and identify all areas of existing or anticipated flooding, locations of existing and proposed culverts, pipes, detention ponds, and flow restrictions to be affected by the proposal. The storm water management plan shall comply with the review criteria found in this Ordinance.

c. Finish Grading Plan: Prepared by a Maine licensed professional engineer or landscape architect indicating the final grading of the site, the amount of fill to be imported to or exported from the site, and graphic arrows indicating the direction of storm water run off.

d. Site Improvement Details: Including sufficient information to enable the creation of an itemized cost estimate for all required on/or off site improvements.

e. Building Elevations: Scale plans of exterior building surfaces including materials, doorways, and advertising features.

f. Additional Information: Additional information as deemed necessary to review the proposal's conformance with the site design review criteria and standards. Additional information may address items such as, but not be limited to, traffic, wetlands, high intensity soils, environmental analyses, or the interpretation of the data by Town consultants. Additional information shall be financed pursuant to the consulting fees of this Ordinance.

g. General topography of the site.

h. High intensity soils classifications of the soils located on the site.

i. A copy of any variances granted or deed restrictions on the subject use or property. Such variances and/or restrictions shall be noted on the final (recording) copy of the plan.

D. Waiver of Required Information.

The Planning Board may waive the submittal of required application materials for developments upon finding that the specific information is unnecessary in order to review the application's conformance with this Ordinance. Such waiver(s) shall be noted on the final (recording) copy of the plan.

E. Final Copies of the Plan.

The applicant shall submit three (3) signed copies of the final approved plan to the Code Enforcement Officer. One copy shall be retained by the Planning Board as part of its permanent records. One copy shall be forwarded to the Tax Assessor. One copy shall be forwarded to the Code Enforcement Officer.

8.8 Site Design Review Criteria and Standards.

The following criteria and standards shall be utilized by the Planning Board in reviewing applications for site design approval. It should be noted that these design criteria and standards do not apply to mobile home park developments. The standards are not intended to discourage creativity, invention, or innovation. The Planning Board may waive the criteria presented in this section upon a determination by the Planning Board that the criteria are not applicable to the proposed action or upon a determination by the Planning Board that the application of these criteria are not necessary to carry out the intent of this Ordinance. The Planning Board may not approve the site design if in its determination one or more of the following criteria or standards are not met:

A. Conformance with Comprehensive Plan: The proposed development shall be located and designed in such a manner as to be in conformance with the Town's comprehensive plan.

B. Traffic: The proposed development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways, public roads or pedestrian walkways existing or proposed. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development. The Planning Board may require mitigation when the proposed development is anticipated to result in a decline in service, below Level of Service "C", of nearby roadways of intersections. Levels of service are defined by the Highway Capacity Manual, Special Report #209, published by the Research Board, National Research Council, Washington DC, 1985. If an existing intersection is functioning at a Level of Service of "D" or lower prior to the development, the project shall not reduce the current level of service. A copy of the application shall be provided to the appropriate Town authority(s), and to the Maine Department of Transportation if on a state maintained road, for timely review and comment. The Planning Board may approve a development not meeting this requirement if the applicant demonstrates that

1. A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard, or

2. The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will guarantee the completion of the improvements within one (1) year of project approval.

C. Site Access: Vehicular access to the development shall provide for safe and convenient access and shall be in conformance with the Road Design, Construction, and Acceptance Standards of this Ordinance. A copy of the application shall be provided to the appropriate Town authority(s), and to the Maine Department of Transportation if on a state maintained road, for timely review and comment.

D. Parking and Vehicle Circulation: The proposed plan provides for adequate parking and vehicle circulation and shall be in conformance with the Road Design, Construction, and Acceptance Standards of this Ordinance. A copy of the application shall be provided to the appropriate Town authority(s) for timely review and comment. The layout of the site shall provide for the safe movement of passenger, service, and emergency vehicles throughout the site.

1. Projects shall provide a clear route for delivery vehicles with appropriate geometric design to allow turning and backing for vehicles expected to use the facility.

2. Clear routes of access shall be provided and maintained for emergency vehicles to all portions of the site and shall be posted with appropriate language.

3. The layout and design of dedicated parking areas provided on-site or within a reasonable walking distance from the site shall provide for safe and convenient circulation of vehicles throughout the lot, shall prohibit vehicles from backing out onto a road.

4. All roads and access ways shall be designed to follow the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all season emergency access, snow storage, delivery and collection services.

E. Pedestrian Circulation: The development plan shall provide for a system of pedestrian circulation within the development. This system shall connect with existing sidewalks if they exist in the vicinity of the project. The pedestrian network may be located either in the road right of way or outside of the right of way in open space or recreation areas. The system shall be designed to link residential units with recreational and commercial facilities, other common facilities, school bus stops, existing sidewalks in the neighborhood, and shall be in conformance with the Road Design, Construction, and Acceptance Standards of this Ordinance. A copy of the application shall be provided to the appropriate Town authority(s) for timely review and comment.

F. Site Conditions:

1. During construction, the site shall be maintained and left each day in a safe and sanitary manner. The site area shall be regularly sprayed to control dust from construction activity.

2. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon request and to the satisfaction of the Code Enforcement Officer.

3. No changes in elevation shall be made of any lot or site by the removal of earth to another lot or site other than as shown on an approved site design plan. Minimal changes in elevations or contours necessitated by field conditions may be made only after approval has been obtained from the Code Enforcement Officer.

G. Open Space:

1. Common open space shall be contiguous, where possible.

2. Common open space as shown on any approved development plan shall contain a notation that common open space areas shall not be further developed for any other use.

3. When reviewing the location and type of open space designated in an application, the Planning Board shall require:

a. Individual lots, buildings, roads, and parking areas shall be designed and situated:

1. to minimize alterations of the natural site;

2. to avoid the adverse effects of shadows, noise, and traffic on the residents of the site; and

3. to relate to the surrounding properties, to improve the view from and of buildings.

b. Diversity and originality in lot layout and individual building, road, parking, and lot layout shall be encouraged.

c. Open space shall include irreplaceable natural features located on the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and rock outcroppings).

d. Open space intended for recreation or public use shall be determined by the size, shape, topographic, and location requirements of the site.

H. Sanitary Sewage: A sanitary sewer system shall be installed at the expense of the developer, or, if in the opinion of the Planning Board, service by a sanitary sewer system is not feasible, the Board may allow individual underground wastewater disposal systems to be used. The proposed development will not cause an unreasonable adverse effect to the Town sewerage treatment facilities and will not aggravate an existing unhealthy situation. A copy of the application shall be provided to the sewer authority for timely review and comment.

1. Upstream sewage flows shall be accommodated by an adequately sized system through the proposed development for existing conditions and potential development in the upstream area or areas tributary to the proposed development.

2. When not serviced by a public sewerage system, the approval of a application shall be subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for on-site wastewater disposal. All individual on-site systems shall be designed by a Maine licensed soil evaluator in full compliance with the Maine State Plumbing Code, as amended. Upon the recommendation of the local Plumbing Inspector, the Planning Board may require the location on the individual lots of reserve areas for replacement systems.

I. Water: The development shall be provided with a system of water supply that provides each use with an adequate supply of water meeting the standards of the State of Maine for drinking water. The proposed development will not cause the depletion of local water resources or be inconsistent with the service plan of the Fort Kent Utility District. A copy of the application shall be provided to the District for timely review and comment.

J. Emergency Vehicle Access: All site design applications shall be reviewed by the Fire Chief or their designee and shall receive the approval for conformance with applicable standards. The proposed development shall be located and designed in such a way as to provide and maintain convenient and safe access and response time for emergency vehicles or mitigates inadequate access or response time by providing adequate safety features as part of the proposed development.

K. Waste Disposal: The proposed development shall provide for adequate disposal of solid wastes and hazardous wastes. A copy of the application shall be provided to the solid waste coordinator for timely review and comment.

1. All solid waste shall be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.

2. All hazardous waste shall be disposed of at a licensed hazardous waste disposal facility and evidence of a contractual arrangement with the facility shall be submitted.

3. All commercial and industrial developments shall devote floor space suitable to accommodate two (2) recycling containers designed to hold at least one cubic yard of recyclable materials such as, but not limited to, office paper and corrugated cardboard. The floor space requirement shall be met for every 2,500 square feet of floor area.

L. Buffering: The proposal provides for adequate on site buffering in the vicinity of property boundaries, when required. On site buffering is required

1. wherever commercial, industrial, or other non-residential development is proposed adjacent to or across a road from residential or agricultural uses or Districts; and

2. as required by the standards of this Ordinance.

M. Natural Areas: The proposal does not cause significant adverse impacts to natural resources or areas such as wetlands, significant geographic features, significant wildlife and marine habitats, and natural fisheries. A copy of the application shall be provided to the Maine Department of Inland Fisheries and Wildlife, the Maine Department of Economic and Community Development's, Natural Areas Program, and to the local office of the Maine Department of Environmental Protection for timely review and comment. The proposal shall be consistent with the recommendations of the Departments.

N. Exterior Lightin: All exterior lighting shall be designed to encourage energy conservation and efficiency, to ensure the safe movement of people and vehicles, to minimize adverse impact on neighboring properties and public ways. Adverse impact is to be judged in terms of hazards to people and vehicular traffic and potential damage to the value of adjacent properties. Lighting shall be arranged to minimize glare and reflection on adjacent properties and the traveling public and shall be in conformance with the Supplementary Regulations of this Ordinance.

O. Storm water Management: The plan provides for adequate storm water management facilities so that the post development runoff rate will be no greater than the predevelopment rate, the removal of storm water will not adversely affect neighboring properties, and that there is no adverse downstream impact. Proposed storm water detention facilities and calculations shall provide for the control of twenty-five year storm frequency rates. On-site absorption shall be utilized to minimize discharges whenever possible. The design, construction, and maintenance of private facilities are not anticipated to cause the expenditure of additional Town resources for maintenance of private storm water management facilities. Maintenance responsibilities shall be reviewed to determine their adequacy. Emphasis shall be placed on the protection of floodplains and wetlands; preservation of stream corridors; establishment of drainage rights-of-way; and the adequacy of the existing system; and the need for improvements, both on and off site, to adequately control the rate, volume, and velocity of storm drainage.

P. Erosion and Sedimentation Control: The proposed development includes adequate measures to control erosion and sedimentation and will not contribute to the degradation of nearby streams, watercourses, or lowlands by virtue of soil erosion or sedimentation. The erosion control measures are to be in conformance with the most current standards of the Maine Soil and Water Conservation Commission. The following measures shall be included where applicable as part of any site design review and approval.

1. Stripping of vegetation, regarding or other development shall be done in such a way as to minimize erosion.

2. Development shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with the topography so as to create the least amount of erosion potential, and so as to adequately handle surface water run-off.

3. The disturbed area and the duration of exposure of the disturbed area shall be kept to a practical minimum.

4. Disturbed soils shall be stabilized as quickly as practical.

5. Temporary vegetation, mulching, or other acceptable measures shall be used to protect exposed critical areas during development.

6. The permanent (final) vegetation and mechanical erosion control measure shall be installed as soon as practical on the site.

7. Until the disturbed area is stabilized, sediment in the run-off water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable measures.

8. Whenever sedimentation is caused by stripping vegetation, regarding or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses, and to repair any damage at their expense as quickly as possible.

9. Any activity on a stream, watercourse, or swale or upon a floodway or right-of-way shall comply with the local shoreland zoning ordinance and the State's Natural Resources Protection Act, Title 38 MRSA, Sections 480A-480S. Any such activity shall be conducted in such a manner so as to maintain as nearly as possible the present state of the stream, watercourse, swale, floodway, or right-of-way for the duration of the activity and shall be returned to its original or equal condition after such activity is completed.

10. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

Q. Buildings: The bulk, location, and height of proposed buildings or structures will not cause health or safety problems to existing uses in the neighborhood, including without limitation those resulting from any substantial reduction in light and air or any significant wind impact.

R. Existing Landscaping: The landscape shall be preserved in its natural state, insofar as practicable, by minimizing to the greatest extent feasible any disturbance or destruction of significant existing vegetation, including mature trees over four (4) inches in diameter measured at 4.5 feet from ground level, soils, and significant vegetation buffers. If a site includes a ridge or ridges above the surrounding areas and provides for scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge. Existing vegetation and buffering landscaping are potential methods of preserving scenic vistas.

S. Infrastructure: The proposed development shall be designed so as to be consistent with off premises infrastructure, such as but not limited to, sanitary and storm sewers, wastewater treatment facilities, roadways, sidewalks, trail systems, and street lights, existing or planned by the Town.

T. Advertising Features: The size, location, design, color, texture, material, and lighting of all permanent signs and outdoor lighting fixtures shall not detract from the design of proposed buildings or neighboring properties and shall be in conformance with the Supplementary Regulations for Signs of this Ordinance.

U. Design Relationship to Site and Surrounding Properties: The proposed development provides a reasonably unified response to the design constraints of the site and is sensitive to nearby developments by virtue of the location, size, design, and landscaping of buildings, driveways, parking areas, storm water management facilities, utilities storage areas, and advertising features.

V. Scenic Vistas and Areas: The proposed development shall not result in the loss of scenic vistas or visual connection identified in the Town's comprehensive plan.

W. Utilities: Utilities such as natural gas, propane, electric, telephone, and cable TV services located above ground shall be located so as not to be unsightly or hazardous to the public and shall be landscaped or otherwise buffered so as to screen the components from public view. The underground placement of utilities is encouraged.

X. Mineral Exploration: Mineral exploration to determine the nature and extent of mineral resources shall be sampling, test boring, or other methods which create minimal disturbance. A permit from the Planning Board shall be required for mineral exploration which exceeds the above limitations.

Y. Phosphorus Export: Proposed development within the watershed of a lake or pond shall be designed to limit phosphorous runoff. The Planning Board shall keep an accurate record of permits issued by watershed using an appropriate record keeping system, and shall review actual development rates and recommend adjustments at five year intervals, subject to a reasonable appropriation by the Town to conduct such an assessment, or the availability of adequate state or regional grant programs or technical assistance programs. Phosphorus export from a proposed development shall be calculated according to the procedures defined in "Phosphorus Control in Lake Watersheds A Technical Guide for Evaluating New Development", (Maine DEP et. al., 1989, as amended). Phosphorus control measures shall meet the design criteria contained in "Phosphorus Control in Lake Watersheds A Technical Guide for Evaluating New Development", (Maine DEP et. al., 1989, as amended). The Planning Board shall require the reasonable use of vegetative buffers, limits on clearing, and minimizing road lengths, and shall encourage the use of nonstructural measures prior to allowing the use of high maintenance structural measures such as infiltration systems and wet ponds.

8.9 Conditional Approvals for Site Design.

A. The Planning Board may impose any condition upon approval of any site design for the following reasons:

1. To minimize or abate, to the extent feasible, any adverse impact of the proposed development on the value or utility of other private property, or on public property or facilities; or

2. To bring the development into compliance with the requirements of the Site Design Review Criteria and Standards of this Ordinance; or

3. To mitigate any other adverse effects of the proposed development.

B. Such conditions may include, but are not limited to, the imposition of a time limit for the conditional use; the employment of specific engineering, construction, or design technologies, modes of operation, or traffic patterns; and may also include the construction of on or off site improvements including, without limitation, roads, intersection improvements, sidewalks, sewers, and drainage courses. All such conditions shall be consistent with the purposes set forth in this Ordinance.

8.10 Revisions to Approved Site Designs.

The site shall be developed and maintained as depicted in the approved site design and the written submission of the applicant. Modification of any approved site design shall require the prior approval of a revised site design by the Planning Board pursuant to the terms of this Ordinance. Any such parcel lawfully altered prior to the effective date of this Ordinance shall not be further altered without approval as provided herein. Modification or alteration shall mean and include any deviations from the approved site design, including but not limited to, topography, vegetation, and impervious surfaces shown on the site design. Field changes for site designs may be made by the CEO and are limited to minor variations necessary to deal with unforeseen difficulties that arise during the course of construction involving such technical detail as utility location and substitution of equivalent plantings and shall not include any substantial alteration of the approved plan or change any condition imposed by the Planning Board.

8.11 Post Approval Submissions.

Following site design approval and prior to issuance of any permit, the developer shall submit copies of the contract plans and specifications, in reproducible form, showing the design of all infrastructure improvements, including without limitation all roads, sewers, drainage structures, and landscaping, to the Code Enforcement Officer for review and approval for compliance with the Town's construction standards. Thereafter, all departures from such plans may be approved by the CEO as "field changes", subject to Section 8.10, above. Nothing herein shall diminish the obligation of the developer to supply plans or specifications as provided in this Ordinance.

Section 9 Road Design, Construction, and Acceptance Standards. (amended 3/23/09)

As of March 23, 2009; Section 9. Road Design, Construction and Acceptance Standards have been replaced with Road Design, Construction and Acceptance Ordinance.

9.9 Off-Street Parking and Loading

A. General

1. A permitted use in any District shall not be extended, and no structure shall be constructed or enlarged, unless off-street automobile parking space is provided in accordance with the requirements of this Ordinance.

2. All parking spaces shall be 9 feet x 18 feet.

3. Parking areas with more than two (2) parking spaces shall be arranged so that it is not necessary for vehicles to back into the road.

4. Required off-street parking for all land uses should be located on the same lot as the principal building or facility.

5. The joint use of a parking facility by two of more principal buildings or uses may be approved as an administrative appeal by the Board of Appeals where it is clearly demonstrated that said parking facilities would substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees on such establishment.

6. Parking spaces shall be provided as required and made available for use prior to the issuance of the Certificate of Occupancy.

7. The Board of Appeals may permit off-street parking to be located at a distance not greater than three hundred (300) feet from the principal building or use measured along lines of public access if the premises to be used for parking is held the same ownership or lease.

B. Additional Requirements for Commercial and Industrial Establishments.

1. Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access roads of a primary residential character.

2. All parking areas, driveways, and other areas serving ten (10) or more vehicles shall be paved with bituminous concrete or an equivalent surfacing over a gravel sub-base at least 12’ in thickness, and shall have appropriate bumper or wheel guards where needed.

3. All driveway entrances and exists shall be kept free from visual obstructions higher than three (3) feet above road level for a distance of 25 feet measured along the intersecting driveway and road lines in order to provide visibility for entering and leaving vehicles.

4. Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers, and containers for loading or storage shall not be located upon any Town way.

5. The following minimum off-street loading bays or berths should be provided, if required, and maintained in the case of new construction, alterations, and changes of use:

a. Retail, office, consumer services, wholesale, warehouse, and industrial operations with a gross floor area of more that 5,000 square feet require the following:

5,001 to 20,000 SF 1 bay

20,001 to 50,000 SF 2 bays

50,001 to 100,000 SF 3 bays

100,001 to 150,000 SF 4 bays

150,001 to 300,000 SF 5 bays

b. Each 150,000 square feet over 300,000 square feet requires (1) additional bay. No loading docks should be located to face any road frontage. Provision for handling all freight shall be on those sides of any building which do not face on any road or proposed roads.

6. Off-street parking and loading spaces, where not enclosed within building, shall effectively screened from view by a continuous landscaped area no less than six (6) feet in height and fifteen (15) feet in width along exterior lot lines adjacent to residential properties, except that driveways shall be kept open to provide visibility for entering and leaving. No off- street parking and loading shall be permitted within the from setback or any setback adjoining a public road, except as specifically authorized in this Ordinance.

C. Parking Lot Design Criteria (except for single-family and duplex residential use).

1. Vehicular Entrance and Exit

a. Entrances and exits should be clearly identified by the use of signs, curb cuts, and landscaping.

b. Entrance/Exit design shall be in conformance with the standards contained within this Ordinance.

2. Interior Vehicular Circulation

a. Major interior travel lanes should be designed to allow continuous and uninterrupted traffic movement.

b. Access to parking stall should not be from major interior travel lanes and shall not be immediately accessible from any public way.

c. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

d. Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

e. Enclosures, such as guardrails, curbs, fences, walls, and landscaping, should be used to idenifty circulation patterns of parking areas and restrict driving movements diagonally across parking aisles, but no to reduce visibility of oncoming pedestrians and vehicles.

f. Entrances/exists shall be designed to allow adequate stacking of vehicles without blocking interior vehicles circulation lanes.

g. All parking spaces and access drives shall be at least five (5) feet from any side or rear lot line, except for additional requirement in buffer yards.

h. Aisle Width and Parking Angle: The width of all aisles and parking angles providing direct access to individual parking stalls shall be in accordance with the requirements below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than ninety (90) degrees.

Parking Angle (degrees) Aisle Width (feet)

0 (parallel parking) 12

30 12

45 13

60 18

90 (perpendicular parking) 25

i. Parking areas shall meet the shoreline setback requirements for structures for the District in which such areas are located. The setback requirement for parking areas serving public boat launching facilities, in Districts other than Genera Business and Industrial Districts, may be reduced to no less then fifty (50) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.

j. Parking areas in the Shoreland Areas shall be adequately sized for the proposed use and shall be designed to prevent storm water run-off from flowing into a water body, and where feasible, to retain all runoff onsite.

k. In paved parking areas painted stripes shall be used to delineate parking stalls. Stripes should be a minimum of 4” in width. Where double lines are used, they should be separated a minimum of 12: on center.

l. In aisles utilizing diagonal parking, arrows should be painted on the pavement to indicate traffic flow.

m. Bumpers and/or wheel stops shall be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways, or damaged landscape materials.

D. Required Parking Spaces

1. Parking spaces shall be provided to conform with the number required in the following schedule:

Activity Minimum Required Parking

Residential

With 2 or more bedrooms 2 spaces per dwelling unit

With 1 bedroom 1.5 spaces per dwelling unit

Elderly Housing 1 space per dwelling unit

Tourist home, Boarding, Lodging 1 space per room/unit rental and for each employee on the largest shift

Church 1 space per three seats based upon max. seating capacity

Schools

Primary 1.5 spaces per classroom

Secondary 8 spaces per classroom

Post-Secondary 1 space for each student and 1 space for each faculty and staff member

Child Care Facility 1 space for every 4 children facility is licensed to care for

Private Clubs or Lodges 1 space per every seventy-five (75) SF of floor space

Theater, Auditorium, Public Assembly Areas 1 space per three seats based upon max. seating capacity

Funeral Homes 1 space per every 100 SF of floor space

Medical Care Facilities 1 space for every three (3) beds and every two (2) employees on the maximum working shift

Office, Banks 1 space for every 150 SF of floor space

Medical Offices (MD’s, OD’s) 10 spaces for each doctor, dentist, or other medical practitioner

Veterinarian Clinic, Kennel 5 spaces//veterinarian

Retail and Service Businesses 1 space for every 150 SF of floor space

Barber/Beauty Shop 4 spaces/chair

Restaurant 1 space per three seats based upon max. seating capacity

Industrial Businesses 1 space/employee on the maximum working shift

Warehouse, Wholesale 1 space/500SF floor space

Flea Market 3 spaces/table

Mixed Use Total of individual uses

Automotive Repair Garage and

And Repair Gasoline Filling Stations 5 spaces for each bay or area used for work

Library, Museum, Art Gallery 1 space for each 150 SF of floor space

Commercial Recreation Facility, Fitness Area 1 space for each 100 SF of floor space

Motor Vehicle Sales 1 space reserved for customers per thirty vehicles displayed on the lot

Notes:

1. Where the calculation of the aforementioned parking spaces results in a fractional part of a complete parking space, the parking spaces required shall be construed to be the next highest number.

2. The above are minimum standards, and additional parking spaces shall be required if these prove to be inadequate.

3. Where floor space is to be used in calculating the number of required parking stalls, gross floor area shall be used unless otherwise noted.

Section 10. Administration and Enforcement.

10.1 General.

A. The Code Enforcement Officer shall administer and enforce this Ordinance. No applications for land use permits shall be accepted unless accompanied by any necessary fees, a copy of the deed to the property in question, a scaled site plan, and a general narrative of intended work to be submitted by the owner, authorized agent, and/or contractor.

B. No land use permit or certificate of occupancy shall be issued for the construction, alteration, enlargement, moving, use, or change of use of any land or building unless the Code Enforcement Officer determines that all of the above requirements have been met and that the land and/or building shall conform in all respects to the provisions of this ordinance and all other applicable federal, state, and local laws, regulations, and ordinances.

C. A copy of an application for Site Design Review or subdivision, requiring Planning Board and/or Board of Appeals approval, shall be forwarded by the Planning and Economic Development Office to the Chair of the Town Council for the Council's expeditious review and comment.

D. If application is made for a land use permit only, the application shall be accompanied by a fee of twenty dollars ($20). If application is made for certificate of occupancy only, the application shall be accompanied by a fee of twenty dollars ($20). If application is made for both a land use permit and a certificate of occupancy within one (1) year, the application shall be accompanied by a one-time fee of twenty dollars ($20).

E. After the fact permits will have a fee of double the land use/certificate of occupancy fee. A

10.2 Land Use Permit.

A. No building or structure shall be erected, altered, enlarged, or moved until a land use permit has been issued by the Code Enforcement Officer. Permits shall expire annually on March 31 and may be renewed once. There shall be no additional fee if the original permit was issued within six (6) months prior to the March 31 expiration date. All intended construction and land use as stated in the original permit shall begin within the term of the permit issuance date. All applications for permits shall be in accordance with the provisions of this Ordinance.

B. Application for a land use permit shall be in writing and contain all information pertinent to the requirements of this Ordinance, including a statement setting forth the intended use of the proposed new, altered, or relocated building. The Code Enforcement Officer shall issue the permit if they find, after proper examination of the application, that the building or structure and its intended use will comply with the provisions of this Ordinance.

C. There shall be submitted with all applications for a land use permit, two (2) copies of a site plan drawn to scale showing; the exact dimensions of the lot to be build upon, all buildings, yards, required off-street parking and loading spaces, existing, proposed, and such additional information as may be necessary to determine and provide for enforcement of this Ordinance.

D. One copy of the site plan shall be returned to the applicant when approved by the Code Enforcement Officer together with the permit.

E. After the fact permits will have a fee double the land use/certificate of occupancy fee.(Amd 3/23/98)

10.3 Certificate of Occupancy.

A. No land use shall be changed in use, nor building or structure hereafter completed, altered, enlarged, or relocated, or changed in use until a certificate of occupancy has been issued by the Code Enforcement Officer, stating that the proposed use complies with the provisions of this Ordinance.

B. An application for a certificate of occupancy shall be applied for at the same time of application for the land use permit. No permit for the excavation, erection, repairs, or alterations to any building shall be issued until an application has been made for a certificate of occupancy.

C. A certificate of occupancy shall be required for the following uses:

1. The increase in the number of dwelling units in building.

2. The establishment of any home occupation.

3. A change in a nonconforming use of land or building.

4. The occupancy and use or change of use of vacant land except for the raising of crops.

5. A change in use of an existing building, whether or not alteration is involved, from any use in the following list to any use immediately following it on the list: Residential use - Retail use or service; Wholesale use - Storage warehouse use manufacturing or processing.

D. Any person desiring to change the use, but not the structure of the building or structure erected, or the use of the premises, shall apply in writing to the Code Enforcement Officer for a certificate of occupancy setting forth the new use under the application. The Code Enforcement Officer, under finding after examination that such new use complies with the provisions of this Ordinance, shall issue the certificate of occupancy applied for.

E.After the fact permits will have a fee of double the land use/certificate of occupancy fee. (Amd 3/23/98)

10.4 Code Enforcement Officer Shall Act.

The Code Enforcement Officer shall act promptly within fifteen (15) days after receipt of an application for a land use permit or certificate of occupancy for change in use required by this Ordinance. Notice of refusal to issue the land use permit or certificate of occupancy shall be given to the applicant or their authorized agent in writing within fifteen (15) days of such application stating the reason for refusal. The Code Enforcement Officer shall also act promptly upon all requests for certificate of occupancy required by this Ordinance within seven (7) days after requested.

10.5 Inspection.

A. At least ten (10) days prior to commencing construction of improvements, the developer shall notify the Code Enforcement Officer in writing of the time when the developer proposes to commence construction of such improvements, so that the Town Officers can cause inspection to be made to assure that all Town specifications, requirements, and conditions of approval, if applicable, shall be met during the construction of the improvements, and to assure the satisfactory completion of improvements and utilities.

B. If the Code Enforcement Officer finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the developer, the Code Enforcement Officer shall so report in writing to the Town Officers, Planning Board, developer, and builder. The Town Officers shall take any steps necessary to preserve the Town's rights.

C. If at any time before or during the construction of the improvements it appears to be necessary or desirable to modify the improvements, the Code Enforcement Officer is authorized to approve minor modifications due to unforeseen circumstances, such as encountering hidden outcrops of bedrock, natural springs, etc. The Code Enforcement Officer shall issue any approval under this section in writing and shall transmit a copy of the approval to the Planning Board. Revised plans shall be filed with the Planning Board. For major modifications, such as relocation of rights-of-way, property boundaries, changes of grade by more than 1%, etc., the developer shall obtain permission to modify the plans from the Planning Board.

D. Upon completion of road construction and prior to a vote by the Town Officers to submit a proposed public way to a Town meeting, a written certification signed by a Maine registered professional engineer shall be submitted to the Town Officers at the expense of the applicant, certifying that the proposed public way meets or exceeds the design and construction requirements of this Ordinance and the Town's roadway design and construction standards. If there are any underground utilities, the servicing utility shall certify in writing that they have been installed in a manner acceptable to the utility. "As built" plans shall be submitted to the Town Officers.

10.6 Code Enforcement Officer.

A. It shall be the duty of the Code Enforcement Officer (CEO) to enforce the provisions of this Ordinance. If the CEO shall find that any provision of this Ordinance is being violated, the CEO shall notify the applicant in writing indicating the nature of the violations and ordering the action necessary to correct it. The CEO shall send a copy of such notice to the Town Officers and said notice shall be maintained as part of the permanent record. The failure of the CEO to follow the notice procedure set forth within this subsection shall not prevent the Town Officers from taking any legal action to enforce this Ordinance and to pursue all available legal remedies, including without limitation, injunctive relief, fines, and attorney fees. The CEO shall have the authority to issue a Stop Work Order upon a finding that work has been commenced or completed prior to receipt of all approvals required by this Ordinance or contrary to the terms of an approved site design. The CEO shall order the removal of illegal buildings, structures, additions, materials, or work being done, or shall take any other action authorized by this Ordinance to insure compliance with, or to prevent violation of, its provisions. Any construction or site work not in conformity with an approved plan and/or permit shall constitute a violation of this Ordinance. Work shall recommence only after such Order has been lifted.

B. The CEO shall maintain the current addresses and phone numbers of federal and state agencies with which an applicant may want to check to determine what other laws apply to a proposed development. In addition, the CEO shall maintain a current file of all pertinent local statutes, ordinances, regulations, codes, and plans relating to land-use regulation including local subdivision plans. The CEO shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis the CEO shall submit a summary of such record for the shoreland areas as defined to the Director of the Bureau of Land Quality Control within the Maine Department of Environmental Protection.

C. The CEO shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to approval. The CEO may enter any property at reasonable hours and enter any structure with the consent of the property owner, occupant, or agent, to inspect the property or structure for compliance with the laws or ordinances set forth in this section. If consent is denied they should obtain an administrative warrant before entering the property. The CEO may revoke a permit after proper notification and an opportunity for a hearing if it was issued in error or if based on erroneous information.

10.7 Violations.

When any violation of any provision of this Ordinance shall be found to exist, the Town Officers, upon notice from the CEO, are hereby authorized to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the Town. The Town Officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage. 10.8 Fines. Any person, firm, or corporation being the owner, authorized agent, contractor, or having control or use of any structure or premises who violates any of the provisions of this Ordinance shall upon conviction be fined in accordance with provisions of Title 30-A MRSA 4452. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Fines shall be payable to the "Town of Fort Kent".

10.8 Fines

Any Person, firm, or corporation being the owner, authorized agent, contractor, or having control or use of any structure of premises who violates any of the provisions of this Ordinance shall upon conviction be fined in accordance with provisions of Title 30-A MRSA 4452. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Fines shall be payable to the “Town of Fort Kent”.

Section 11 Planning Board.

11.1 Appointment.

A. Planning Board members shall be appointed by the Town Council and sworn in by the Town Clerk or other person authorized to administer oaths.

B. The Board shall consist of five (5) members and two (2) alternate members.

C. The term of each member shall be three (3) years, except the initial appointments which shall be: 1 for one year, 1 for two (2) years, 1 for three (3) years, 1 for four (4) years, and 1 for five (5) years, respectively. The term of office of an alternate member shall be one (1) year.

D. When there is a permanent vacancy declared, the Town Council may within 60 days of its occurrence be required to appoint a person to serve for the unexpired term. A vacancy may be declared by the voting members of the Board upon the resignation or death of any member, or when a member ceases to be a voting resident of the Town, or when a member fails to attend three (3) consecutive meetings, or fails to attend at least 75% of all meetings during the preceding twelve (12) month period. When a vacancy is declared, the Chairperson of the Board shall immediately so advise the Council in writing. The Board may recommend to the Council that the attendance provision be waived for cause, in which case no vacancy will then exist until the Council disapproves the recommendation.

E. Any member can be removed by the Town Council in accordance with the Fort Kent Town Charter (Chapter 34, 9).

F. Planning Board members are expected to be knowledgeable of laws, ordinances, regulations, and Board policies and to abide by them.

11.2 Organization and Rules.

A. The voting members of the Board shall elect a Chairperson, a Secretary, or other officers as needed, from among its members by a majority vote and create and fill such other offices as it may determine at the annual organizational meeting which shall be held on the first regular Planning Board meeting in September, and the election shall follow immediately thereafter. The term of all offices shall be (1) year(s) with eligibility for reelection.

1. The Chairperson shall preside at all meetings and hearings of the Planning Board. The Chairperson has the authority to appoint all committees, to call all work sessions, designate which alternate member shall serve in place of a regular member, and to preside over executive sessions.

2. The Recording Secretary shall be responsible for the minutes and records of the Board, shall keep a record of all resolutions, votes, transactions, correspondences, findings and conclusions of the Board and other duties as may be normally carried out by the secretary. All records shall be deemed public and may be inspected during normal business hours. Any member of the public may obtain a copy of the record from the Board upon payment of the cost of reproduction, and postage.

3. The Corresponding Secretary shall be responsible for the agendas of regular meetings and special meetings with the Chairperson, distribution of the notice of the meetings and hearings, correspondence of the Board, and other duties as may be normally carried out by the secretary. B. When a member is unable to act because of interest, physical incapacity, absence or any other reason satisfactory to the Chairperson, the Chairperson shall designate an alternate member to sit in their chair.

C. An alternate member may attend all meetings of the Board and participate in its proceedings, but may vote only when they have been designated by the Chairperson to sit for a member.

D. Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members, except the member who is being challenged.

E. The Board shall hold at least one regular meeting of the Board each month. F. No meeting of the Board shall be held without a quorum consisting of three (3) members or alternate members authorized to vote.

G. Planning Board business shall be conducted in accordance with the Maine Revised Statutes Annotated and/or local ordinances.

H. The Board shall adopt rules for transaction of business.

I. The Chairperson may call a special meeting of the Board.

11.3 Duties and Powers.

A. The Board shall:

1. Perform such duties and exercise such powers as are provided by ordinance/regulations and charter and the laws of the State of Maine, to include:

a. the responsibility for the directing and overseeing the activity of the comprehensive planning program;

b. reviewing subdivision proposals;

c. facilitating the interpretation of land use ordinances;

d. administering and issuing permits pursuant to land use ordinances;

e. projecting a course, through community planning, for the Town's future;

f. undertaking duties to conduct community planning activity;

g. conducting a municipal planning program;

i. seeing that all Planning Board members have an obligation to act reasonably and promptly; and

j. facilitating in obtaining public participation, public relations, and citizen involvement.

B. The Board may obtain goods and services necessary to its proper function within the limits of appropriations made for the purpose.

11.4 Meeting Organization.

A. Regular Meetings.

1. Regular meetings of the Planning Board shall be held on the 1st Wednesday of the month at 7:00 PM. The meeting shall be at the Fort Kent Municipal Building or other suitable meeting place. The Chairperson may schedule special meetings on 24 hours notice to the members, Town Manager, Town Council Chair, and the media.

2. All meetings shall be open to the public.

3. No official business may be conducted without a quorum present. A quorum shall consist of three (3) members. It shall not include anyone who cannot participate due to a conflict of interest. "Conflict of interest" means direct or indirect pecuniary interest, which shall include pecuniary benefit to any member of the person's immediate family, their employer, or the employer of any member of the person's immediate family. It shall also include a situation where the Board member, by reason of their interest, is placed in a situation of temptation to serve their own personal interest, instead of the public's interest. Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members present, except the member challenged.

4. In the event a quorum is not present, the Board members are authorized to request that the Chairperson reschedule the meeting to another date and adjourn the meeting. If the date is other than a regular meeting date the Corresponding Secretary shall have the responsibility of providing adequate notice to the Board members, Town officials, and the general public.

5. All comments addressed to the Board shall be made through the Chairperson.

6. All matters shall be decided by a roll call vote. A majority of the entire Board's voting members (3) is needed to pass a motion. When a motion results in a tie vote the motion fails.

7. All decisions must be based on whether the applicant has provided sufficient evidence to prove that all applicable law and ordinance requirements have been complied with.

B. Agendas.

1. Regular meeting agendas shall follow the following format:

a. Call to order and determine the presence of a quorum.

b. Public Hearing (if any is scheduled)

c. Minutes of the previous meeting and correspondence.

d. Old business.

e. New business.

f. Other.

g. Adjournment.

2. Agendas shall be posted in the Town Office and mailed to the Board members at least seven (7) days before the meeting.

3. New applications shall be received at the Fort Kent Office of Planning and Economic Development no later than ten (10) days to the meeting and shall be placed on the next available slot for new applications on the Board's Agenda, and the applicant so notified of the date and time. At that initial meeting the Board shall make written findings whether the application is complete, and take all necessary steps to notify the applicant of the Board's decision.

C. Work Sessions.

1. The Chairperson may, with the approval of the majority of the Board, call work sessions for the purpose of updating the Comprehensive Plan, Subdivision Ordinance, Zoning Ordinances, Planning Board by-laws, and other information work items relating to the Board's Activities, providing that the public is notified. A quorum shall be present to conduct any business.

2. Work sessions are open to the public. The general public shall be barred from addressing the Board, unless a majority of the Board permits the public to speak.

D. Executive Sessions.

1. Upon the vote of at least 3/5 of the Board members, present and voting, the Board may call for an Executive Session to meet with the Town Attorney about pending or potential litigation.