Article 8 - DRAFT - Shoreland Zoning Approval Criteria, rev. 05-02-08

SHORELAND ZONING ORDINANCE
APPROVAL CRITERIA
MAY 2, 2008

Shoreland Zoning Approval Criteria

The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this Ordinance. The Planning Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

1. Will maintain safe and healthful conditions.
2. Will not result in water pollution.
3. Will provide adequate provisions for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other impervious surfaces.
4. Will take adequate measures to prevent soil erosion and the sedimentation of watercourses and waterbodies.
5. Will take adequate measures to avoid and to minimize having an adverse effect on wetlands and/or waterbodies.
6. Will provide for the disposal of all wastewater in accordance with the State of Maine Subsurface Wastewater Disposal Rules.
7. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other riparian wildlife habitat.
8. Will conserve natural, native vegetation along the shoreline.
9. Will conserve visual corridors.
10. Will conserve access to inland and coastal waters.
11. Will not have an adverse effect on historic and/or archaeological sites.
12. Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district.
13. Will be in compliance with the Town’s Floodplain Management provisions.
14. Will be in conformance with the provisions of Section(s) X, Performance Standards.

If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance, or regulation or statute administered by the municipality.

THIS IS A DRAFT DOCUMENT of the LAND USE PLANNING COMMITTEE or one of its subcommittees, FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT AN ADOPTED ORDINANCE SECTION.