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Regulations, and Planning Board By-Laws for the Town, except for the Shoreland Zoning Ordinance of Fort Kent, are repealed as of the effective date of this Ordinance.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)

11. Limit Depth of Excavation

11. 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

11. 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