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TOWN OF
DEFINITIONS
ORDINANCE
Final Draft Date:
Adopted: June 11, 2005
Article
1. Purpose, Authority, Administration, and Effective
Date
1.1 Purpose
The purpose of this ordinance is
to create/provide one document for definitions of language used in within
Adopted Ordinances of the Town of Wales including, but not limited to, Town of
Wales Subdivision Ordinance, Town of Wales Land Use Ordinance, Town of Wales Road,
Town of Wales Shoreland Zoning Ordinance, Town of Wales Site Plan Ordinance,
Town of Wales Telecommunications Ordinance, and Town of Wales Flood Plain
Management Ordinance.
1.2 Authority
and Administration
This Ordinance shall be known
and may be cited as “Definitions Ordinance of the Town of
1.3 Effective
Date
The effective date of this
Ordinance shall be the date of the 2005 Town Meeting of the Town of
Article
2. Language
2.1 Construction of Language
In the interpretation and enforcement of this Code, all
words shall have the meaning implied by their context in the various ordinances
or their ordinarily accepted meaning. In
the case of any difference of meaning or implication between the text of this
Code and any map, illustration or table, the text shall control.
The word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as an
individual or any other legal entity.
The present tense includes the future tense, the singular
number includes the plural, and the plural numbers includes the singular.
The word "shall" and "will" are
mandatory, the word "may" is permissive.
The word "lot" includes the words "plot"
and "parcel."
The word "structure" includes the word
"building."
The word "used" or "occupied", as
applied to any land or building, shall be construed to include the words
"intended, arranged, or designed to be used or occupied."
The word “road” includes the word “street”, as applied to
any route for vehicular access other than a driveway.
The words "Town" or "municipality" means
the Town of
The words “Town of
Article
3. Definitions
3.1 Application
of Definitions
All definitions herein will have associated Ordinances
appended to the definition; those with multiple associations will be so
listed. It can be assumed that all
Ordinance titles listed in the legend are prefaced or appended with “Town of
Land Use Land Use Ordinance
Floodplain . Floodplain
Road
Shoreland Shoreland Zoning Ordinance
Site Plan Site
Plan Review Ordinance
Subdivision Subdivision
Ordinance
Telecommunications Wireless
Telecommunications Facilities Siting Ordinance
Definitions Definitions
Ordinance
3.2 Definitions
100-year flood: See Base Flood. (Floodplain)
Abutter:
1) The owner of any property with at least one common boundary or point, or
that lies across a road, driveway, or stream from the property in an
application or appeal. (Land Use; Site Plan)
2) Any landowner within five hundred (500) feet of the property that the tower
or facility will be located on. (Telecommunications)
Accessory Structure or Use:
A use or structure (detached) that is incidental and subordinate to the
principal use or structure. Accessory
uses, when aggregated, shall not subordinate the principal use of the lot. A deck or similar extension of the principal
structure or a garage attached to the principal structure by a roof or a common
wall is considered part of the principal structure. (Site
Plan; Land Use; Floodplain; Shoreland).
Adjacent Grade - means the natural
elevation of the ground surface prior to construction next to the proposed
walls of a structure. (Floodplain.)
Administrative Appeal: An appeal in which it is alleged that there
is an error in any order, requirement, decision, or determination made by, or a
failure to act by, the Code Enforcement Officer or Planning Board in the
administration of the Town Ordinances.
This definition does not allow for the appeal of a violation. (Land Use)
Affordable Housing: A safe and sanitary dwelling for
a household whose income does not exceed 80% of the median household income for
the community. (Subdivision)
Aggrieved Party: 1) A person whose land is directly or
indirectly affected by the granting or denial of a permit or variance under the
Town Ordinances. 2) A person
whose land abuts land for which a permit or variance has been granted. 3) Any other person or group of persons who
have suffered particularized injury as a result of the granting or denial of
such permit or variance. (Land Use; Site Plan; Shoreland)
Agricultural Fairgrounds:
Incorporated or state-licensed fairgrounds. (Site Plan)
Agriculture: The production,
keeping, or maintenance for sale or lease of plants and/or animals, including
but not limited to: forages and sod
crops; grains and seed cops; dairy animals and dairy products; poultry and
poultry products; livestock; fruits and vegetables; and ornamental and green
house products. Agriculture does not
include forest management and timber harvesting activities. (Site Plan; Shoreland)
Amusement Facility: Any
private, commercial premises that are maintained or operated primarily for the
amusement, patronage, or recreation of the public, containing four (4) or more
table sports, pinball machines, video games, or similar mechanical or
electronic games, whether activated by coins, tokens or discs, or whether
activated through remote control by the management. (Site Plan)
Antenna: Any system of
poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of radio or electromagnetic frequency signals. (Telecommunications)
Antenna Height: The vertical
distance measured from the base of the antenna support structure at grade to
the highest point of the structure, even if said highest point is an antenna.
Measurement of tower height shall include antenna, base pad, and other
appurtenances and shall be measured from the finished grade of the facility site.
If the support structure is on a sloped grade, then the average between the
highest and lowest grades shall be used in calculating the antenna height. (Telecommunications)
Applicant:
For purposes of the Town Ordinances, applicant means the person applying for a
subdivision and having title, right or interest in the parcel under
question and includes, for purposes of Article 9.1.B, the parents,
grandparents, in-laws, siblings and children of the person submitting the
application. (Subdivision)
Aquaculture: The growing or propagation of harvestable
freshwater, estuarine, or marine plant or animal species. (Site Plan; Shoreland)
Area
of Special Flood Hazard: the land in the floodplain having a one
percent or greater chance of flooding in any given year, as specifically
identified in the Flood Hazard Boundary Map cited in Article I of the
Floodplain Management Ordinance. (Floodplain)
Arterial Street: A major thoroughfare that serves as a major
traffic way for travel within and through the municipality. (Subdivision; Road)
Automobile Repair Shop: A
business establishment engaged in general repair, engine rebuilding, and/or
parts replacement of motor vehicles. (Site Plan)
Automotive Body Shop: A business establishment engaged in body,
frame, or fender straightening and repair, or painting and undercoating of
motor vehicles. (Site Plan)
Automobile Junkyard/Graveyard:
A yard, field, or other area used to store three (3) or more
unserviceable, discarded, worn-out, or junked motor vehicles, or parts of such vehicles,
as defined in Title 29 Section 1, Subsection 7.
“Automobile junkyard” does not include any area used for temporary
storage by an establishment or place of business that is primarily engaged in
doing auto-body repair work to make repairs to render a motor vehicle
serviceable. (Site Plan)
Basal Area: The area of cross-section of a tree stem at 4
1/2 feet above ground level and inclusive of bark. (Shoreland)
Base Flood: A flood having a one percent chance of being
equaled or exceeded in any given year, commonly called the 100-year flood.
(Floodplain; Shoreland)
Basement:
1) Any area of the
building having its floor subgrade (below ground
level) on all sides. (Floodplain)
2) Any portion of a structure with a floor-to-ceiling height of 6
feet or more and having more than 50% of its volume below the existing ground
level. (Shoreland)
Bed and Breakfast: Any dwelling in which transient lodging or
boarding and lodging are provided and offered to the public for less than one
(1) week for compensation. This dwelling
must also be the full-time, permanent residence of the owner. There must be no provisions for cooking in
any individual guest room. (Site Plan)
Boarding/Lodging Facility: Any residential structure where lodging
and/or meals are provided for compensation for a period of at least one (2)
week and where a family residing in the building acts as proprietor or
owner. There must be no provisions for
cooking in any individual guest room. (Site Plan)
Boat-Launching Facility: A facility designed primarily for the
launching and landing of watercraft and that may include an access ramp,
docking area, and parking spaces for vehicles and trailers. (Site Plan; Shoreland)
Brook:
See Stream, River, or Brook. (Subdivision)
Business and Professional
Offices: The place of business of
doctors, lawyers, accountants, financial advisors, architects, surveyors, real
estate and insurance businesses, psychiatrists, counselors, and the like, or in
which a business conducts its administrative, financial, or clerical operations,
including banks and other financial services but not retail sales or activities
utilizing trucks as part of the business operation. (Site Plan)
Business/Professional Uses: Establishments primarily engaged in rendering
services to business establishments on a fee or contract basis, such as
advertising and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and leasing;
commercial research; development and testing; photo finishing; and personal
supply services. (Site Plan)
Campground: Any area or tract of land to accommodate two
(2) or more parties in temporary living quarters, including but not limited to
tents, recreational vehicles, or other shelters. (Site Plan; Shoreland)
Certificate of Compliance: A document signed by the Code Enforcement
Officer stating that a structure is in compliance with all of the provisions of
the Town Ordinances. (Floodplain)
Civic/Convention Center: A building or complex of buildings that house
town offices and services and that may include cultural, recreational,
athletic, convention, and entertainment facilities owned and/or operated by a
governmental agency. (Site Plan)
Code Enforcement Officer - any person or board responsible for
performing the inspection, licensing, and enforcement duties required by a
particular statute or ordinance. (Land Use; Site Plan; Floodplain)
Co-location: The use of a wireless telecommunications
facility by more than one wireless telecommunications provider. (Telecommunications)
Collector Street: A street serving at least twenty (20) lots or
dwelling units, or a street that serves as a feeder to
arterial streets and collector of traffic from minor streets. (Subdivision;
Road)
Commercial Establishment: Establishments that render goods and/or
services primarily on a retail basis that are customarily carried on in a
building specifically for that purpose, such as retail stores, service
stations, restaurants, etc. (Site Plan)
Commercial Recreation: Any commercial enterprise that receives a fee
in return for the provision of some recreational activity, including but not
limited to campgrounds, racquet and tennis clubs, health facilities, amusement
parks, golf courses, gymnasiums and swimming pools, etc., but not including
amusement centers, as defined herein. (Site Plan)
Commercial Street: See Industrial
or
Commercial Use: The use of lands, buildings, or structures,
other than a “home occupation” as defined below, the intent and result of which
activity is the production of income from the buying and selling of goods
and/or services, exclusive of rental of residential buildings and/or dwelling
units. (Site Plan; Shoreland)
Community Center/Club: A building that houses any voluntary
association of persons organized for social, religious, benevolent, literary,
scientific, or political purposes and whose facilities, especially a clubhouse,
are open to members and guests only and not the general public. The persons using such facilities shall not
be engaged in activities customarily carried on by a business or for pecuniary
gain. (Site Plan)
Common Driveway: A vehicle access way serving two (2)three (3)
or fewer dwelling units. (Subdivision; Land Use; Road)
Complete Application: An application for which the required fee and
all information required by these regulations for a final plan have been
submitted, or for which a vote of the Board has waived the submission of
required information. The Board shall
issue a receipt
notification to the applicant upon its
determination that an application is complete. (Subdivision)
Day Care/Nursery School: A building or use of property operated for
the care or instruction of more than three (3) children, exclusive of children
who may be living in the home that is serving as the day-care or nursery-school
facility. (Site Plan)
Designated Scenic Resource: A specific location, view, or corridor, as
identified as a scenic resource in the municipally adopted comprehensive plan
or by a State or federal agency, that consists of:
A) a three dimensional area extending out
from a particular viewpoint on a public way or within a public recreational
area, focusing on a single object, such as a mountain, resulting in a narrow
corridor, or a group of objects, such a downtown skyline or mountain range,
resulting in a panoramic view corridor; or
B) lateral terrain
features such as valley sides or woodland as observed to either side of the
observer, constraining the view into a narrow or particular field, as seen from
a viewpoint on a public way or within a public recreational area.
(Telecommunications)
Developed Area: Any area on which a site improvement or
change is made, including buildings, landscaping, parking areas, and streets. (Subdivision)
Development: Any
change caused by individuals or entities to improved or unimproved real estate,
including but not limited to the construction of buildings or other structures;
the construction of additions or substantial improvements to buildings or other
structures; mining, dredging, filling, grading, paving, excavation, drilling
operations or storage of equipment or materials; and the storage, deposition,
or extraction of materials, public or private sewage disposal systems or water
supply facilities. (Floodplain, Land Use, Site Plan)
Dimensional Requirements: Numerical standards relating to spatial
relationships, including but not limited to frontage, lot width, lot area,
percentage of lot coverage, structure height, shore frontage, percentage of
structure expansion, and setbacks. (Land Use; Site Plan; Shoreland)
Direct Watershed: That portion of the watershed that does not
first drain through an upstream lake. (Subdivision)
Disability: Any
disability, infirmity, malformation, disfigurement, congenital defect or mental
condition caused by bodily injury, accident, disease, birth defect,
environmental conditions or illness; and also includes the physical or mental
condition of a person which constitutes a substantial handicap as determined by
a physician or in the case of mental handicap, by a psychiatrist or
psychologist, as well as any other health or sensory impairment which requires
special education, vocational rehabilitation or related services. (Shoreland)
Ditch,
Inlet: A watercourse flowing into a
culvert. (Land Use)
Ditch,
Outlet: A watercourse following out
of a culvert. (Land Use)
Driveway:
1) A vehicular access way serving 3 lots or
fewer. A driveway is not considered a
structure. (Land Use; Site Plan)
2) A vehicular access-way less than five hundred
(500) feet in length serving two lots or less. (Shoreland)
Driveway
Entrance: The connection between a
driveway and a town-maintained road. (Land Use)
Dwelling Unit: A room, or group of rooms, designed for
permanent, seasonal, or temporary living quarters for only one (1) family,
including provision s for eating, sleeping, and cooking. The term shall include mobile homes but shall
not include travel trailers or other recreational vehicles. (Site Plan)
Dwelling, Multi-Family: A structure containing three (3) or four (4)
dwelling units, such buildings being designed exclusively for residential use
and occupancy by three (3) or more families living independently of one
another, with the number of families not exceeding the number of dwelling
units. (Site Plan)
Dwelling, Single-Family: Any structure containing one (1) dwelling
unit for occupation by not more than one (1) family. Units may be attached. (Site Plan)
Dwelling, Two-Family: Any structure containing only two (2)
dwelling units, for occupation by not more than two (2) families. (Site Plan)
Dwelling: Any structure or portion thereof designed or
used for residential purposes. (Site Plan)
A) built,
in the case of a building in Zone A, to have the top of the elevated floor,
elevated above the ground level by means of pilings, columns, post, piers, or
"stilts;" and
B) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to one foot above the magnitude
of the base flood.
In the case of Zone A,
(Floodplain)
Elevation Certificate: An official form (FEMA Form 81-31, 07/00, as
amended) that:
A) is used to verify compliance with the floodplain management
regulations of the National Flood Insurance Program; and,
B) is required for purchasing flood insurance.
(Floodplain)
Emergency Operations: Operations conducted for the public health,
safety, or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement, and operations to rescue human beings,
property, and livestock from the threat of destruction or injury. (Site Plan; Shoreland)
Essential Services: The
construction, alteration, or maintenance of gas, electrical, or communication
facilities; steam, fuel, electric-power or water transmission or distribution
lines, towers, and related equipment; telephone cables or lines, poles, and
related equipment; gas, oil, water, slurry, or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles,
wires, mains, drains, pipes, conduits, cables, fire alarms and police call
boxes, traffic signals, hydrants and similar accessories, but shall not include
service drops or buildings that are necessary for the furnishing of such services.
(Site Plan, Shoreland)
Existing
Expansion: The addition of antennas, towers, or other
devices to an existing structure. (Telecommunications)
Expansions of a Nonconforming Structure: An increase in the floor area or volume of a
nonconforming structure, including but not limited to dormers, additions,
decks, garages, patios, porches, and greenhouses, that does not become more
invasive into the setback are. (Land Use; Site Plan)
Expansions of a Structure: An increase in the floor area or volume of a
structure, including but not limited to dormers, additions, bay windows, decks,
garages, patios, porches, and greenhouses. (Land Use; Site Plan; Shoreland)
Expansion of Use: The addition of one or more months to a use's
operating season; or the use of more floor area or ground area devoted to a
particular use. (Shoreland)
FAA:
The Federal Aviation Administration, or its lawful successor. (Telecommunications)
Family: One or more persons
occupying a premises and living as a single
housekeeping unit. (Site Plan; Shoreland)
FCC:
The Federal Communications Commission , or its
lawful successor. (Telecommunications)
Final Plan: The final drawings
on which the applicant’s plan of subdivision is presented to the Board for
approval and that, if approved, may will be recorded at
the Registry of Deeds. (Subdivision)
Flood or Flooding:
A) A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and
rapid accumulation or runoff of surface waters from any source.
B) The collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding as defined in paragraph a.1. of
this definition.
(Floodplain)
Flood Elevation Study: An examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface elevations.
(Floodplain)
Flood Hazard Boundary Map
(FHBM): An official map of a community, issued by the
Federal Insurance Administration, where the boundaries of the base flood have
been designated. (Floodplain)
Floodplain or Flood-prone
Area:
Any land area susceptible to being
inundated by water from any source (see flooding). (Floodplain)
Floodplain Management: The operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works, and floodplain
management regulations. (Floodplain)
Floodplain Management
Regulations:
Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as a floodplain ordinance, grading ordinance, and erosion control
ordinance) and other applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction. (Floodplain)
Floodproofing: Any combination of structural and
non-structural additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and contents. (Floodplain)
Floodway: see Regulatory Floodway. (Floodplain; Shoreland)
Floor
Area: The sum of the horizontal area
of the floor(s) of a structure enclosed by exterior walls, plus the horizontal
area of any unenclosed portions of a structure such as porches and decks. (Land
Use, Site Plan; Shoreland)
Forested Wetland: A freshwater wetland dominated by woody
vegetation that is six (6) meters tall or taller. (Shoreland)
Forest Management Activities:
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management-planning activities,
timber-stand improvement, pruning, regeneration of forest stands, and other
similar or associated activities, exclusive of timber harvesting and the
construction, creation, or maintenance of roads. (Site Plan; Shoreland)
Foundation: The supporting
substructure of a building or other structure, including but not limited to
basements, slabs, sills, posts, or frostwalls. (Site
Plan; Shoreland)
Freeboard - means a factor of
safety usually expressed in feet above a flood level for purposes of floodplain
management. Freeboard tends to
compensate for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed,
that could contribute to flood heights greater than the height
calculated for a selected size flood and floodway conditions. (Floodplain)
Freshwater Wetland: Freshwater swamps, marshes, bogs, and similar
areas, other than forested wetlands, that:
A) are of ten or more contiguous acres; or of
less than 10 contiguous acres and adjacent to a surface water body, excluding
any river, stream or brook, such that in a natural state, the combined surface
area is in excess of 10 acres;
B) are inundated or
saturated by surface water or groundwater at a frequency and for a duration
sufficient to support, and that under normal circumstances do support, a
prevalence of wetland vegetation typically adapted for life in saturated soils;
and
C) are not considered
part of a great pond, coastal wetland, river, stream, or brook.
These areas may
contain small stream channels or inclusions of land that do not conform to the
criteria of this definition.
(Subdivision; Site Plan; Shoreland)
Frontage,
Functionally Dependent
Use: A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities. (Floodplain)
Functionally Water-Dependent Uses:
Those uses that require, for their primary purpose, location on submerged
lands or that require direct access to, or location in, coastal and inland
waters and that cannot be located away from these waters. The uses include, but are not limited to,
commercial and recreational fishing and boating facilities, excluding recreational
boat storage buildings; port facilities; shipyards and boat-building
facilities; marinas; navigation aides; basins and channels; industrial uses
dependent upon water-borne transportation or requiring large volumes of cooling
or processing water and that cannot reasonably be located or operated at an
inland site; and uses that primarily provide general public access to coastal
or inland waters. (Site Plan; Shoreland)
Gasoline Service Station:
Any place of business at which gasoline, other motor fuels, or motor oil
are sold to the public for use in a motor vehicle, regardless of any other
business on the premises. (Site Plan)
Governmental Use: Any
department, commission, independent agency, or instrumentality of the
Great Pond: Any inland body
of water that in a natural state has a surface area in excess of ten (10)
acres, and any inland body of water artificially formed or increased that has a
surface area in excess of thirty (30) acres except for the purposes of the Town
of Wales Adopted Ordinances, where the artificially formed or increased inland
body of water is completely surrounded by land held by a single owner. (Site
Plan; Shoreland)
Height: The vertical
measurement from a point on the ground at the mean finish grade adjoining the
foundation as calculated by averaging the highest and lowest finished grade
around the building or structure, to the highest point of the building or
structure. The highest point shall exclude farm building components, flagpoles,
chimneys, ventilators, skylights, domes, water towers, bell towers, church
spires, processing towers, tanks, bulkheads, or other building accessory
features usually erected at a height greater than the main roofs of buildings.
(Telecommunications)
Height of a Structure: The
vertical distance between the mean original grade at the downhill side of the
structure and the highest point of the structure, excluding chimneys, steeples,
antennas, and similar appurtenances that have no floor
area. (Site Plan; Shoreland)
High-Intensity Soil Survey: A soil survey conducted by a certified soil
scientist, meeting the standards of the National Cooperative Soil Survey, that
identifies soil types down to one-tenth (1/10) of an acre or less at a scale
equivalent to that of the subdivision plan submitted. The mapping units shall be the soil series. Single soil-test pits and their evaluation
shall not be considered to constitute high-intensity soil surveys. (Subdivision)
Historic Structure or Archaeological
Resources: Resources/Structures that
are:
A) Listed
individually in the National Register of Historic Places; (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
B) Certified
or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary of the Interior to qualify as a registered
historic district;
C) Individually
listed on a state inventory of historic places in states with historic preservation
programs approved by the Secretary of the Interior;
D) Individually
listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the Secretary of the Interior
through the Maine Historic Preservation Commission; or
E)
Areas identified by a governmental agency such as the
Maine Historic Preservation Commission as having significant value as an
historic or archaeological resource and any areas identified in the
municipality's comprehensive plan, which have been listed on the National
Register of Historic Places.
(Telecommunications; Floodplain)
Historic District: A geographically definable area possessing a
significant concentration, linkage or continuity of sites, buildings,
structures or objects united by past events or aesthetically by plan or
physical development and identified in the municipality's comprehensive plan,
which is listed or is eligible to be listed on the National Register of
Historic Places. Such historic districts may also comprise individual elements
separated geographically, but linked by association or history. (Telecommunications)
Historic Landmark: Any improvement, building or structure of
particular historic or architectural significance to the Town relating to its
heritage, cultural, social, economic or political history, or which exemplifies
historic personages or important events in local, state or national history
identified in the municipality's comprehensive plan, which have been listed or
are eligible to be listed on the National Register of Historic Places. (Telecommunications,
Subdivision)
Home Occupation: An occupation or profession that is
customarily conducted on or in a residential structure or property and
that: 1) is clearly incidental to and
compatible with the residential use of the property and surrounding residential
uses; and 2) employs no more than two (2) persons other than family members
residing in the home. (Site Plan; Shoreland)
Hospital: An institution
providing, but not limited to, overnight health services, primarily for
inpatients, and medical or surgical care for the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central services facilities, and
staff offices. (Site Plan)
Hotel/Motel: A commercial
building or group of buildings with sleeping rooms without cooking facilities,
built to accommodate, for a fee, travelers and other transient guests who are
staying for a limited duration, each rental unit having its own private
bathroom and its own separate entrance leading either to the outdoors or to a
common corridor or hallway. A hotel may
include restaurant facilities where food is prepared and meals served to its
guests and other customers. (Site Plan)
Increase in nonconformity of a structure: Any change in a structure or property which
causes further deviation from the dimensional standard(s) creating the
nonconformity such as, but not limited to, reduction in water body, tributary
stream or wetland setback distance, increase in lot coverage, or increase in
height of a structure. Property changes
or structure expansions which either meet the dimensional standard or which
cause no further increase in the linear extent of nonconformance of the
existing structure shall not be considered to increase nonconformity. For example, there is no increase in
nonconformity with the setback requirement for water bodies, wetlands, or
tributary streams if the expansion extends no further into the required setback
area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally
provided that the expansion extends no closer to the water body or wetland than
the closest portion of the existing structure from that water body or
wetland. Included in this allowance are
expansions which in-fill irregularly shaped structures. (Shoreland)
Individual Private Campsite: An area of land that is not associated with a
campground but that is developed for repeated camping by only one (1) group,
not to exceed ten (10) individuals, and that involves site improvements that
may include but not be limited to gravel pads, parking areas, fireplaces, or
tent platforms. (Site Plan; Shoreland)
Industrial or
Industrial Park or Development: A subdivision developed exclusively for
industrial uses, or a subdivision planned for industrial uses and developed and
managed as a unit, usually with provision for common services for the users. (Subdivision)
Industrial
(Use): The assembling, fabrication,
finishing manufacturing, packaging, or processing of goods, or the extraction
of minerals. (Site Plan; Shoreland)
Institutional
Use:
A) A building or use devoted to some public,
governmental, educational, charitable, medical, or similar purpose.
B) A nonprofit, religious, or public use, such as
a church, library, public or private school, hospital, or government-owned or
–operated building, structure, or land used for public purpose, including
nursing home or congregate care.
(Site Plan)
Junkyard: A yard, field, or other area used as a place
of storage for: 1) discarded, worn-out, or junked plumbing, heating supplies,
household appliances, and furniture; 2) discarded, scrap, or junked lumber; 3)
old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, debris,
waste, and all scrap iron, steel, and other scrap ferrous or nonferrous
material; and 4) garbage dumps, waste dumps, and sanitary fills. (Site Plan)
Kennel: A commercial establishment in which, for a
fee, more than four (4) dogs or four (4) cats are sold, housed, bred, boarded,
or trained. (Site Plan)
Line of sight: The direct view of the object from the
designated scenic resource. (Telecommunications)
Locally Established
Datum: An elevation established for a specific site
to which all other elevations at the site are referenced. This elevation is generally not referenced to
the National Geodetic Vertical Datum (NGVD) or any other established datum and
is used in areas where Mean Sea Level data is too far from a specific site to
be practically used. (Floodplain)
Lowest
Floor: The lowest floor of the lowest enclosed area
(including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a
building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design
requirements described in Article VI.K. of the Town’s
Floodplain Ordinance. (Floodplain)
Marina: A business establishment having frontage on
navigable water and, as its principal use, providing for hire offshore moorings
or docking facilities for boats, and which may also provide accessory services
such as boat and related sales, boat repair and construction, indoor and
outdoor storage of boats and marine equipment, boat and tackle shops and marine
fuel service facilities. (Site Plan; Shoreland)
Market Value: The estimated price a property will bring in
the open market and under prevailing market conditions in a sale between a
willing seller and a willing buyer, both conversant with the property and with
prevailing general price levels. (Site Plan; Shoreland)
Manufactured Home or Housing:
1)
A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes the term
manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days.
(Floodplain)
2) A structural unit or units designated for
occupancy and constructed in a manufacturing facility and transported, by the
use of its own chassis or an independent chassis, to a building site. The term includes any type of building that
is constructed at a manufacturing facility and is transported to a building
site where it is used for housing and that may be purchased or sold by a dealer
in the interim. For purposes of this
section, two (2) types of manufactured housing are included. Those two (2) types are:
A. Those units constructed after June 15, 1976,
commonly called “newer mobile homes,” that the manufacturer certifies are
constructed in compliance with the United States Department of Housing and
Urban Development standards, meaning structures transportable in one (1) or
more sections that in the traveling mode are fourteen (14) body feet or more in
width and are seven hundred and fifty (750) or more square feet and that are
built on a permanent chassis and are designed to be used as dwellings, with or
without permanent foundations, when connected to the required utilities
including the plumbing, heating, air-conditioning, or electrical systems
contained in the unit.
1. This
term also includes any structure that meets all the requirements of this
subparagraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the
United States Department of Housing and Urban Development and complies with the
standards established under the National Manufactured Housing Construction and
Safety Standards Act of 1974,, United States Code, Title 42, Section 5401, et. seq.
B. Those units, commonly called “modular homes”
that the manufacturer certifies are constructed in compliance with Title 10,
Chapter 957 and rules adopted under that chapter, meaning structures,
transportable in one or more sections, that are not constructed on a permanent
chassis and are designed to be used as dwellings on foundation when connected
to required utilities, including the plumbing, heating, air-conditioning, or
electrical systems contained in the unit.
(Subdivision; Land Use)
Manufactured
Mineral Exploration: Hand sampling, test boring, or other methods
of determining the nature or extent of mineral resources that create minimal
disturbance to the land and that include reasonable measures to restore the
land to its original condition. (Site
Plan; Shoreland)
Mineral Extraction: Any operation within any twelve- (12-) month
period that removes more than one hundred (100) cubic yards of soil, topsoil,
loam, sand, gravel, clay, rock, peat, or other like material from the natural
location and that transports the product removed away from the extraction site.
(Site Plan; Shoreland)
Minimum
Minor Development: All development that is not new construction
or a substantial improvement, such as repairs, maintenance, renovations, or
additions, whose value is less than 50% of the market value of the
structure. It also includes, but is not
limited to: accessory structures as provided for in Article VI.I., mining,
dredging, filling, grading, paving, excavation, drilling operations, storage of
equipment or materials, deposition or extraction of materials, public or
private sewage disposal systems or water supply facilities that do not involve
structures; and non-structural projects such as bridges, dams, towers, fencing,
pipelines, wharves and piers. (Floodplain)
Minor Street:
Mobile-Home-Park
Multi-Unit Residential: A
residential structure containing three (3) or more residential dwelling units.
(Subdivision; Site Plan; Shoreland)
Natural-Resource-Based
Industry: Includes the extraction
and processing or water, wood and lumber, minerals and soils, and the
associated retail functions. Examples
include wells and bottling plants, sawmills and lumberyards, and mining and
soil-processing industries. (Site Plan)
National Geodetic
Vertical Datum (NGVD) - means the national vertical datum, whose
standard was established in 1929, which is used by the National Flood Insurance
Program (NFIP). NGVD was based upon mean
sea level in 1929 and also has been called “1929 Mean Sea Level (MSL)”.
(Floodplain)
Natural-Resource-Based
Recreation: Outdoor commercial
recreational facilities that have a primary characteristic of requiring a
sizable amount of land, including but not limited to ball fields, golf courses,
driving ranges, and the associated retail functions must be incidental to the
recreational use and may include the sale or rental of goods and services
related to the recreation, as well as refreshment stands. (Site Plan)
Net Residential Acreage: The total acreage available for the
subdivision and shown on the proposed subdivision plan, minus the area for
streets or access and the areas that are unsuitable for development. (Subdivision)
Net Residential Density: The average number of dwelling units per net
residential acre. (Subdivision)
New Construction: Structures
for which the "start of construction" commenced on or after the
effective date of the initial floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
(Floodplain)
Non-conforming
Non-Conforming Structure: A
structure that does not meet any one (1) or more of the dimensional
requirements of setback, height, or lot coverage but that is allowed solely
because it was in lawful existence at the time the ordinance or subsequent
amendments took effect. (Land Use; Site
Plan; Shoreland)
Non-Conforming Use: Use of buildings, structures, premises,
land, or parts thereof that is not permitted in the district in which it is
situated but that is allowed to remain solely because it was in lawful
existence at the time the ordinance or subsequent amendments took effect. (Site Plan; Shoreland)
Normal High-Water Line: That
line that is apparent from visible markings and from changes in the character
of soils due to prolonged actions of the water or changes in the vegetation,
and that distinguishes between predominantly aquatic and predominantly
terrestrial land. In the case of wetlands
adjacent to rivers and great ponds, the normal high-water line is the upland
edge of the wetland and not the edge of the open water. (Site Plan; Shoreland)
Nursing Home: A privately
operated establishment where maintenance and personal or nursing care are
provided for persons who are unable to care for themselves. (Site Plan)
Official Submittal Date: The date upon which the Board issues a receipt notification indicating
that a complete application has been submitted. (Subdivision)
One-Hundred (100-)
Year Flood: The flood having one
(1-) percent chance of being equaled or exceeded in any given year. (Subdivision)
Open Space Design: See Open-Space Subdivision. (Land Use)
Open-Space Subdivision: A subdivision in which the lot sizes are
reduced below those normally required, in return for the provision of permanent
open space owned in common by lot/unit owners, the town, or a land-conservation
organization. Clustering shall not be
used to increase the overall net residential density of the development except as
provided under Article 9.13.C.3.b.i. (Subdivision)
Parabolic Antenna (also known as a
satellite dish antenna): An antenna
which is bowl-shaped, designed for the reception and or transmission of radio
frequency communication signals in a specific directional pattern. (Telecommunications)
Parcel, or Tract, of Land:
1) All contiguous lands in the same ownership,
whether or not the tract is separated at any point by an intermittent or
non-navigable stream; tidal waters where there is no flow at low tide; or a
private road established by the abutting landowners provided that lands located
on opposite sides of a public or private road are each considered a separate
parcel, unless the road was established by the owner of the land on both sides
of the road. (Land Use, Subdivision)
Parks and Recreation:
Non-commercially operated recreation facilities open to the general
public, including but not limited to playgrounds, parks, monuments, green
strips, open space, min- parks, athletic fields, boat-launching, ramps, piers
and docks, picnic grounds, swimming pools, and wildlife and nature preserves,
along with any necessary facilities, rest rooms, bathhouses, and the
maintenance of such land and facilities.
The term does not include campgrounds, commercial-recreation facilities,
or amusement facilities. (Site Plan)
Person (or Party): An individual, a corporation, a governmental
agency, a municipality, a trust, an estate, a partnership, an association, two
or more individuals having a joint or common interest, or any other legal
entity. (Land Use; Site Plan; Shoreland)
Piers, Docks, Wharves, Bridges, and Other Structures: Any uses extending over or beyond the normal
high-water line or within a wetland.
Temporary:
Structures that remain in or over the water for less than seven (7)
months in any period of twelve (12) consecutive months.
Permanent:
Structures that remain in or over the water for seven (7) months or more
in any period of twelve (12) consecutive months.
(Site Plan; Shoreland)
Preliminary Subdivision Plan: The preliminary drawings indicating the
proposed layout of the subdivision to be submitted to the Board for its
consideration. (Subdivision)
Principal Structure:
1) A structure in which the primary use of the
lot is conducted. (Land Use; Site Plan)
2) A building other than one which is used for
purposes wholly incidental or accessory to the use of another building or use
on the same premises. (Shoreland)
Principal Use: A use other
than one that is wholly incidental or accessory to another use on the same
premises. (Site Plan; Telecommunications; Shoreland)
Privately
Professional Uses: The
office of a member of a recognized profession maintained for the conduct of
that profession. (Site Plan)
Property Line: A line dividing a parcel of land from
another. (Land Use)
Property Line, Rear: The line opposite the line that forms the lot
frontage or the shore frontage. (Land Use)
Property Line, Side: Any property line that is not a rear property
line or that does not form the lot frontage or the shore frontage. (Land Use)
Public Facility: Any
facility, including but not limited to buildings, property, recreation areas,
and roads, that are owned, leased, or otherwise operated or funded by a
governmental body or public entity. (Site Plan; Shoreland)
Public Recreational Facility: A regionally or locally significant facility,
as defined and identified either by State statute or in the municipality's
adopted comprehensive plan, designed to serve the recreational needs of
municipal property owners. (Telcommunications)
Public Utility: Any person,
firm, corporation, town department, board, or commission authorized to furnish
gas, steam, electricity, waste disposal, communication facilities, transportation,
or water to the public. (Site Plan)
Public/Private Schools:
Primary and secondary schools or parochial schools that satisfy either
of the following requirements: 1) the
school is not operated for a profit or as a gainful business; or 2) the school
teaches courses of study that re sufficient to qualify attendance in compliance
with State Compulsory Education Requirements. (Site Plan)
Rear Property Line: See “Property Line, Rear.” (Land Use)
Recent Flood-Plain Soils:
The following soil series as described and identified by the National
Cooperative Soil Survey: Alluvial;
Cornish; Charles; Fryeburg; Hadley; Limerick; Lovewell;
Medomak; Ondawa; Podunk Rumney; Saco; Suncook; Sunday; Winooski. (Site Plan; Shoreland)
Recreational Facility: A
place designed and equipped for the conduct of sports, leisure-time activities,
and other customary and usual recreational activities, excluding boat-launching
facilities. (Site Plan; Shoreland)
Recreational Vehicle: A
vehicle or an attachment to a vehicle designed to be towed and designed for
temporary sleeping or living quarters for one (1) or more persons,
and that may include a pick-up camper, travel trailer, tent trailer, camp
trailer, and motor home. In order to be
considered as a vehicle and not as a structure, the unit must remain with its
tires on the ground and must be registered with the State Division of Motor
Vehicles. (Site Plan; Shoreland)
Recycling Operation: A privately owned facility for the recycling
of heavy goods and bulk metal and products. (Site Plan)
Regulatory Floodway:
a. The
channel of a river or other water course and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot; and
b. In
Zone A riverine areas, the
floodway is considered to be the channel of a river or other water course and
the adjacent land areas to a distance of one-half the width of the floodplain,
as measured from the normal high water mark to the upland limit of the
floodplain.
(Floodplain; Shoreland)
Replacement System: A system
intended to replace: 1) an existing system that is either malfunctioning or
being upgraded with no significant change of design flow or use of the
structure; or 2) any existing overboard wastewater discharge. (Site Plan; Shoreland)
Residential Dwelling Unit: A
room or group of rooms designed and equipped exclusively for use as a
permanent, seasonal, or temporary living quarters for only one family. The term shall include mobile homes but not
recreational vehicles. (Site Plan; Shoreland)
Residual basal area: The sum
of the basal area of trees remaining on a harvested site. (Shoreland)
Retail Business: A business
establishment engaged in the sale, rental, or lease of goods or services to the
ultimate customer for direct use or consumption and not for resale. (Site Plan)
Recording Plan: A copy of the final plan that is recorded at
the Registry of Deeds and that need not show information not
relevant to the transfer of an interest in the property, such as sewer- and
water-line locations and sizes, culverts, and building lines. (Subdivision)
Resubdivision:
The division of an existing subdivision or any change in the plan for an
approved subdivision that affect the lot lines, including land transactions by
the subdivider not indicated on the approved plan. (Subdivision)
Right-of-Way: An easement for vehicular and pedestrian
access. (Land Use)
Right-of-Way Line: The outer limits of the traveled way of a
driveway or road or the limits of the easement of a driveway or road, where
defined. (Land Use)
Riprap: Rocks, irregularly
shaped and at least six (6) inches in diameter, used for erosion control and
soil stabilization, typically used on ground slopes of two (2) units horizontal
to one (1) unit vertical or less. (Site Plan; Shoreland)
Riverine - means relating to,
formed by, or resembling a river (including tributaries), stream, brook, etc.
(Floodplain)
Road:
1) Any public ways and private ways, including
collector streets, minor streets, private streets and common driveways for
vehicular access, designed and constructed in accordance with the Town of
2) A route or
track consisting of a bed of exposed mineral soil, gravel, asphalt, or other
surfacing material constructed for or created by the repeated passage of
motorized vehicles. (Shoreland)
Service Drop: Any
utility-line extension that does not cross or run beneath any portion of a
water body, provided that:
A) in the case of electric service: a) the
placement of wires and/or the installation of utility poles in located entirely
upon the premises of the customer requesting service or upon a roadway
right-of-way; and, b) the total length of the extension is less than one
thousand (1,000) feet.
B) in the case of telephone service: a) the
extension, regardless of length, will be made by the installation of telephone
wires to existing utility poles; or b) the extension requiring the installation
of new utility poles or placement underground is less than one thousand (1,000)
feet in length.
(Site Plan; Shoreland)
Setback: The nearest horizontal distance from a
property line or the normal high-water line to the nearest part of a structure,
road, parking space, or other regulated object or area. (Site Plan; Land Use; Shoreland)
Shore Frontage: The length of a lot bordering on a water body
measured in a straight line between the intersections of the lot lines with the
shoreline at normal high-water elevation. (Site Plan; Land Use; Shoreland)
Shoreland Zone: 1) The land area
located within 250 feet, horizontal distance, of the normal high-water line of
any great pond. 2) The land area located
within 250 feet, horizontal distance, of the upland edge of a freshwater
wetland. 3) The land area located within
75 feet, horizontal distance, of the normal high-water line of a stream. (Land
Use; Site Plan; Shoreland)
Side
Property Line: See “Property Line,
Side.” (Land Use)
Sight
Distance: The distance required to
see an object from a driveway entrance with the eye and the object both at 3.5
feet above the ground and from a point at the driveway entrance 15 feet from
the centerline of the traveled way of the town-maintained road. (Land Use; Road Ord.)
Significant Scenic-View Locations: Points where scenic views can be accessed, as
identified in the Town of
Significant River Segments: See Title 38 MRSA Sec. 437. (Shoreland)
Square Footage: See “Floor Area.” (Land Use)
Stream:
A free-flowing body of water from the outlet of a great pond or the
confluence of two (2) perennial streams as depicted on the most recent edition
of a United States Geological Survey 7.5 minute series topographic map, or if
not available, a 15-minute series topographic map, to the point where the body
of water becomes a river or flows to another water body or wetland within the shoreland area. (Shoreland)
Stream, River, or Brook: A channel between defined banks. A channel created by the action of surface
water has two (2) or more of the following characteristics:
A. It is depicted as a solid or broken blue line
on the most recent edition of the U.S. Geological Survey 7.5-minute-series
topographic map.
B. It contains or is known to contain flowing
water continuously for a period of at least three (3) months of the year in
most years.
C. The channel of the bed is primarily composed
of mineral material such as sand and gravel, parent material, or bedrock that
has been deposited or scoured by water.
D. The channel contains aquatic animals such as
fish, aquatic insects, or mollusks in the water or, if no water is present,
within the stream bed.
E. The channel contains aquatic vegetation and
is essentially devoid of upland vegetation.
(Subdivision)
Special Flood Hazard
Area: See Area of
Special Flood Hazard. (Floodplain)
Start of Construction: The date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, substantial improvement or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, or modification of any construction
element, whether or not that alteration affects the external dimensions of the
building. (Floodplain)
Stream:
A free flowing body of water from the outlet of a great pond or the
confluence of two (2) perennial streams as depicted on the most recent edition
of a United States Geological Survey 7.5-minute series topographic map, or, if
such map is not available, a 15-minute series topographical map, to the point
where the body of water becomes a river. (Site Plan)
Structure:
1) Anything built, either temporarily or permanently, for the support, shelter,
or enclosure of people, animals, goods, or property of any kind, together with
anything constructed or erected, either temporarily or permanently, with a
fixed location on or in the ground, exclusive of fences and wells. The term includes mobile homes and modular
homes. (Land Use; Site Plan; Shoreland)
2) For floodplain management purposes, a
walled and roofed building. A gas or
liquid storage tank that is principally above ground is also a structure.
(Floodplain)
Subdivision: As defined in Title 30-A, M.R.S.A., Section
4401. (Land Use; Sub-Div. Ord)
Subdivision, Major: Any subdivision containing more than four five (45)
lots, dwelling units, or units in a shopping center or similar commercial
establishment, or any subdivision containing a proposed street. (Subdivision)
Subdivision, Minor: Any subdivision containing no more than four five (45)
lots, dwelling units, or units in a shopping center or similar commercial
establishment, and in which no street is proposed to be constructed. (Subdivision)
Substantial Construction (Start): The completion of any of the improvement(s)
to the total property or individual lots or infrastructure improvements that
are equivalent to thirty (30) percent of the total developer’s cost of such
improvements. (Subdivision; Site Plan; Shoreland)
Substantial Damage: Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its
before damage condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred. (Floodplain)
Substantial Improvement: Any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the start of construction
of the improvement. This term includes
structures which have incurred substantial damage, regardless of the actual
repair work performed. The term does
not, however, include either:
a. Any
project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
b. Any
alteration of a Historic Structure, provided that the alteration will not
preclude the structure's continued designation as a historic structure, and a
variance is obtained from the community’s Board of Appeals.
(Floodplain)
Subsurface Sewage-Disposal System: A collection of treatment tank(s), disposal
area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s),
well(s), surface ditch(es),
alternative toilet(s), or other devices and associated piping designed to
function as a unit for the purpose of disposing of wastes or wastewater on or
beneath the surface of the earth. The
term shall not include any wastewater discharge disposal system licensed under
38 MRSA Section 414, any surface wastewater disposal system licensed under 38
MRSA Section 413 Subsection 1-a, or any public sewer. The term shall not include a
wastewater-disposal system designed to treat wastewater that is in whole or in
part hazardous waste as defined in MRSA Chapter 13, Subchapter 1. (Site Plan, Shoreland)
Sustained Slope: A change in elevation where the referenced percent
grade is substantially maintained or exceeded throughout the measured area.
(Site Plan; Shoreland)
Targeted Market Coverage Area: The area which is targeted to be served by
this proposed telecommunications facility. (Telecommunications)
Timber Harvesting: The cutting and removal of trees from their
growing site and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads.
Timber harvesting does not include the clearing of land for approved
construction. (Site Plan; Shoreland)
Tract, or Parcel, of Land: See Parcel, or Tract, of Land.
Traveled Way: The actual portion of a driveway or road that
is used for vehicular or pedestrian access. (Land Use)
Tributary Stream: A channel between defined banks created by
the action of surface water, whether intermittent or perennial; that is
characterized by the lack of upland vegetation or presence of aquatic
vegetation and by the presence of a bed devoid of topsoil containing waterborne
deposits on exposed soil, parent material, or bedrock; and that flows to a
water body or wetland as defined. This
definition does not include the term “stream” as defined elsewhere in the
ordinance and applies only to that portion of the tributary stream located
within the shoreland zone of the receiving water body
or wetland. (Site Plan; Shoreland)
Unit: A room or group of rooms designed or equipped
exclusively for a permanent, pedestrian access. (Land Use)
Unit,
Commercial: A room or group of rooms
designated or equipped exclusively for only one type of permanent, seasonal, or
temporary commercial use. The term
includes motor vehicles on which motor vehicle taxes are not current. (Land Use)
Unit
Residential: A room or group of
rooms designed or equipped exclusively for use as permanent, seasonal, or
temporary living quarters for only one family.
The term includes mobile homes and includes recreational vehicles on
which excise taxes are not current. (Land Use)
Unreasonable Adverse Impact: When the proposed project would produce an
end result which is:
A) excessively out-of-character with the designated scenic
resources affected, including existing buildings structures and features within
the designated scenic resource, and
B) would significantly diminish the scenic value of the
designated scenic resource. (Telecommunications)
Upland Edge: The boundary between upland and wetland. (Site
Plan; Shoreland)
Vacant
Variance: A grant of relief by a community from the
terms of a floodplain management regulation. (Floodplain)
Variance
Appeal: An appeal for relief from
dimensional requirements of the Land Use Ordinance. (Land Use)
Vegetation: All live trees, shrubs, ground cover, and
other plants including, without limitation, trees both over and under four (4)
inches in diameter, measured at four and one-half (4½) feet above ground level.
(Site Plan; Shoreland)
Viewpoint: A location which is identified either in the
municipally adopted comprehensive plan or by a federal or State agency, and
which serves as the basis for the location and determination of a particular
designated scenic resource. (Telecommunications)
Violation: The failure of a structure or development to
comply with a community's floodplain management regulations. (Floodplain, Shoreland)
Volume of a Structure: The volume of all portions of a structure
enclosed by a roof and fixed exterior walls, as measured from the exterior
faces of these walls and roof. (Land Use; Site Plan; Shoreland)
Water Body: Any great pond or stream. (Land Use; Site
Plan; Shoreland)
Water Crossing: Any project extending from one bank to the
opposite bank of a river or stream, whether under, through, or over the
watercourse. Such projects include but
may no be limited to roads, fiords, bridges, culverts, water lines, sewer
lines, and cables as well as maintenance work on these crossings. (Site Plan; Shoreland)
Wetland: A freshwater wetland. (Site Plan; Shoreland)
Wetlands Associated with Great Ponds: Wetland contiguous with or adjacent to a
great pond and that during normal high water are
connected by surface water to the great pond.
Also included are wetlands that are separated from the great pond by a berm, causeway, or familiar feature less than one hundred
(100) feet in width and that have a surface elevation at or below the normal
high-water line of the great pond.
Wetlands associated with great ponds are considered to be part of that
great pond. (Site Plan; Shoreland)
Wholesale Business: A business establishment engaged in the sale
of goods or commodities in large quantities for individual consumption or
trade. (Site Plan)
Wireless Telecommunications Facility or
Facility: Any structure, antenna,
tower, or other device which provides radio/television transmission, commercial
mobile wireless services, unlicensed wireless services, cellular phone
services, specialized mobile radio communications (SMR), common carrier
wireless exchange phone services, specialized mobile radio communications
(SMR), common carrier wireless exchange access services, and personal
communications service (PCS) or pager services.
Zoning Line: A line separating the shoreland zone from
other land in the town. (Land Use)
ADOPTED: