SECTION 402.28 PERFORMANCE STANDARDS:
All technical details of any street, sidewalk and driveway construction shall be in accordance with the Gray Street Construction Ordinance, Chapter 400, except when a Special Permit is granted in accordance to the requirements of Section 402.30 pertaining to sections other than any street, sidewalk and driveway.
SECTION 402.28-1 BUFFER ZONES:
A. No building shall be erected or any use permitted in any non-residential districts which abutt any residential district, unless a buffer strip is provided and maintained. Such a buffer area shall be for the purpose of minimizing any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of local residents.
B. Natural features shall be maintained wherever possible to provide a buffer between the proposed development and abutting properties. When Natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, the developer shall landscape or otherwise provide fencing or screening. It is the intent of this section to encourage the use of natural landscaping whenever possible in lieu of fencing.
C. Fencing, screening or natural features, or a combination thereof, shall be sufficient to shield from the view of abutting properties, and otherwise prevent any kind of nuisance, including all loading and unloading operations, storage area, commercial vehicle parking, waste disposal and collection areas.
D. Fencing and screening shall be durable and properly maintained at all times by the owner.
E. Fencing and screening shall be located within the developer's property line to allow access for maintenance on both sides without intruding upon abutting properties.
F. All buffer areas shall be maintained in a tidy and sanitary condition by the owner.
SECTION 402.28-2 CAMPGROUNDS:
Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:
A. Recreational vehicle and tenting areas containing approved water-carried sewage facilities shall meet the following criteria:
1. Each recreational vehicle, tent, or shelter site shall contain a minimum of 500 square feet, not including roads and driveways.
2. A minimum of two-hundred (200) square feet of off-street parking, plus maneuvering space, shall be provided for each recreational vehicle, tent or shelter site.
3. Each recreational vehicle, tent, or shelter site shall be provided with a picnic table, trash receptacle and fireplace.
B. Wilderness recreational areas without water-carried sewage facilities shall contain a minimum of 20,000 square feet, not including roads and driveways, for each recreational vehicle, tent or shelter site.
C. The area intended for placement of the recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of one hundred (100) feet from the exterior lot lines of the camping area and one hundred (100) feet from the normal high water elevation of any water body.
D. All campgrounds shall be screened from adjacent land areas by a continuous landscaped area not less than twenty-five (25) feet in width containing evergreen shrubs, trees, fences, walls or any combination which forms an effective visual barrier of not less than six (6) feet in height.
SECTION 402.28-3 FIRE AND EXPLOSIVE HAZARDS:
A. Storage, utilization, or manufacture of solid materials or products including incombustible to moderate burning is permitted.
B. Storage, utilization, or manufacturing of solid materials or products including free burning and intense burning is permitted, provided that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls, and protected
throughout by an automatic fire extinguishing system.
C. The storage utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted. When
flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (S.T.P.) permitted shall not exceed 300 times in the quantities listed below where the factor 300 is the volume in cubic feet occupied by one (1) gallon of liquids.
D. Tanks or other underground storage facilities abandoned or not in use for a period exceeding one (1) year shall be removed or otherwise assured safe conditions are present. In all cases, applicable Federal, State, and local regulations shall prevail as to the most appropriate method available to provide the best safeguards.
TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED (IN GALLONS):
Industries Engaged in Storage Only Material with closed cup flash Point of: |
Above Ground |
Under Ground |
Over 187 degrees F |
Prohibited |
100,000 |
105-187 degrees F |
Prohibited |
40,000 |
Under 105 degrees F |
Prohibited |
20,000 |
Industries Engaged in Utilization and Manufacture of Flammable Materials Materials with closed cup flash Point of: |
|
|
Over 187 degrees F |
50,000 |
100,000 |
105-187 degrees F |
20,000 |
40,000 |
Under 105 degrees F |
5,000 |
10,000 |
SECTION 402.28-4 LIGHTING:
A. No lights shall be placed or maintained upon or in view of any public roadway or street so that its beams or rays are directed at any portion of the road when the light is of such brilliance and so positioned as to blind, dazzle or other wise impair the vision of the driver of any motor vehicle upon said roadway.
B. No rotating or flashing light or signals except safety-signaling devices are required by law is permitted.
C. Adequate buffers using either the natural landscape or artificial screening are required to prevent unnecessary or undesirable light from being directed beyond lot lines onto adjacent properties.
SECTION 402.28-5 STORAGE OF MATERIALS:
All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats, or other vermin. This shall be accomplished by placing containers in enclosures, storing materials above ground, separation of material, elimination of stagnant water, extermination procedures and other means that would provide for decent, safe, and sanitary living conditions.
SECTION 402.28-6 SAFETY HAZARDS:
Where a safety hazard exists, physical screening sufficient to deter people from entering the premises shall be provided and maintained in good condition.
SECTION 402.28-7 FARM STANDS:
A. Farm Stands for the sale of farm, garden, greenhouse and nursery products shall conform to the following standards:
1. They shall be used exclusively for the sale of farm, garden, greenhouse, and nursery products.
2. No farm stand shall be permitted unless such use is allowed in the underlying zoning district.
3. They shall be located on land owned or leased by the producer or the operator of the farm stand, and not within or on any public ways.
4. The licensee must demonstrate to the Code Enforcement Officer that there is sufficient access, parking and maneuvering space, that the location and adequacy of approached are sufficient, and that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the farm stand.
5. Front, rear and side setbacks shall conform to those of the underlying zoning district.
6. No farm stand shall operate within 200 feet of any fixed base retail establishment or other farm stand offering the same or substantially similar goods or services.
7. Farm Stand Signs: Farm Stands must conform with the Town of Gray Sign Ordinance.
8. The hours of operation shall be from sunrise to sunset.
9. Noise Level: No loud speakers or any unnecessary noise will be allowed on the site. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. The average d.b.a. count resulting shall not exceed 60 d.b.a. at any point on or beyond the site.
10. A sufficient number of covered, metal rubbish containers shall be provided at each site immediately adjacent to the farm stand to hold material.
11.The licensee shall keep sidewalks, roadways, and other public and private spaces adjacent to the site free from refuel and dust which may be generated by the operation of the business.
B. Fees: The annual fee to operate a farm stand shall be $200.00 and will cover the period of January 1st of the calendar year to December 31st. Fees will not be prorated.
C. Insurance: The licensee shall provide written evidence of insurance coverage for the period of the license and executed by an insurance company authorized to issue such policy in the State, in the usual form of liability insurance policies in this State for injuries to persons and property resulting from the use and operation of the farm stand to be licensed.
Such policy of insurance shall be issued for the principal sum, no less than $300,000 for bodily injury, death and property damage. A certificate of insurance bearing an endorsement thereon by the issuing agent shall be deposited with the Clerk. Such certificate shall state that the issuing agent will notify the Clerk in writing no less than thirty (30) days prior to the cancellation thereof.
SECTION 402.28-8 CRITICAL AREA S PROGRAM:
For all uses requiring Town site plan approval, the CEO or Planner will submit, where applicable, the site plan to the State s Critical Areas Program for review. Comments from the State regarding Critical Areas Program shall be submitted to the Planning Board for their consideration.
SECTION 402.28-9 DEVELOPABLE AREAS:
No structure or other impervious surface may be constructed on land with sustained slopes of 25% or greater, nor in any wetland, Subsurface wastewater disposal systems may not be located where soils are unsuitable for septic systems according to the Main State Plumbing code, as amended.
SECTION 402.28 -10 DRIVE THROUGH AND DRIVE-IN FACILITY:
A. Queuing and Circulation:
Each drive through or queuing land shall be separated from the general circulation lanes necessary either for entering or exiting the property or for providing interior circulation within the property. Preferably, this separation shall be done by means of an island. At a minimum, the drive-through and queuing lanes shall be distinctly marked by special striping, pavement markings, or signs. Additionally, special striping, pavement markings, or signs shall be provided at the point where traffic from the drive-through lanes entering the general circulation lanes.
B. Pedestrian Safety:
Pedestrian safety shall be an important consideration in the design of drive-through facilities. Drive-through facilities shall create a minimum conflict with pedestrian access to the building from adjacent sites, parking lots, or pedestrian access route. Pavement markings, signage, speed bumps, and internal walkways should be used to help endure pedestrian safety.
C. Circulation:
Drive-through facilities shall be designed to provide a counter clockwise circulation around the main building.
D. Separation Distances from Intersections:
No vehicular entrance or exits to a drive-through facility shall be located within 60 of a street intersection.
E. Lighting:
The applicant shall submit plans for all proposed exterior lighting. The plans shall include the location, type of light, radius of illumination, manufacturers specification sheet and intensity in footcandles. All lighting fixtures should be designed, installed and maintained so as to direct light only onto the subject property without spillover to the abutting parcels.
F. Stacking:
There shall be a minimum of stacking area for three cars (60 feet) between the order board and the pickup window and minimum stacking for five cars (100 feet) behind the order board. Stacking for five cars (100 feet) is required for facilities without an order board.
G. Buffering:
The applicant shall submit plans for buffering the drive-thru land from adjacent properties. Buffering may include landscaping, a fence, wall and natural or constructed barriers.
H. Noise:
1. The applicant shall provide the plans and specifications for any potential noise sources, such as intercom system, trash compactor, etc. Plans shall include measures to mitigate any potential adverse impact from such noise sources.
2. A sound attenuation wall may be required along the property lines if determined necessary by the Town to control noise and vibrations generated by the facility.
3. All internal signage whether static or electronic that facilitates the movements of on-site traffic, advertising, ordering, or delivery of products or services to the customer must not be visible from any public thoroughfare or right of way nor shall the signage contribute to any light pollution beyond the boundary lines of the subject property.
4. Speaker boxes of any point intercom system shall be oriented away form residential development and other sensitive receptors located in general area of the drive-through facility.
5. Outdoor maintenance and cleaning activities shall be limited if determined necessary by the Town to achieve compatibility with surrounding land uses.
6. The site manager shall not permit any loud music, noise or other sounds by means of phonograph, radio, or other broadcasting apparatus or device, and shall not permit fighting, quarreling, loitering, or loud noise or other nuisance which disturbs the quiet and peace of the premises or the neighborhood.
7. Hours of operation shall be limited as determined necessary by the Town to achieve compatibility with surrounding land uses.
I. Structures:
Any structures that are associated with such operations shall be subject to the prevailing building codes and zoning ordinances.
Section 402.28-11 Redemption Center:
I. Conformity to Statutes and Ordinances
A. All buildings and structures associated with the operation of a Redemption Center shall comply with all applicable State of Maine Statutes,
Rules and Regulations and Town of Gray Ordinances.
II. Site and Performance Standards
There shall be adequate parking spaces and loading and unloading areas for Redemption Center. Such parking spaces shall be in conformance with the performance standards of the zoning ordinance.
The applicant shall provide plans and specifications for any noise sources. Plans shall include measures to mitigate any potential adverse impact from such noise sources. A sound attenuation wall may be required along the property lines if determined necessary by the Town to avoid creating a nuisance for neighboring properties.
A. The applicant shall submit plans for all proposed exterior lighting. The plans shall include the location, type of light, radius of illumination, manufacturer's specification sheet and intensity in footcandles. All lighting fixtures shall be designed, installedand maintained so as to direct light only onto the subject project without spillover to the abutting parcels.
B. Fencing, screening or natural features, or a combination thereof, shall be sufficient to shield from the view of abutting properties,and otherwise prevent any kind of nuisance, including all loading and unloading operations, storage area, commercial vehicle parking, waste disposal and collection areas.
C. No vehicle entrance or exits to a Redemption Center shall be located within 60 of a street intersection.
D. All vehicles and trucks delivering or picking up from the Redemption Center must load/unload enter and exit from the rear side of theRedemption Center building.
E. Customers and clients shall enter the Redemption Center from the front of the building.
F. A Redemption Center shall be fully covered and enclosed on all sides of the structure.
G. Redemption Centers shall be operated in such a manner as not to be a nuisance to the surrounding area in terms of odor, dust or vibration.
H. Exterior premises shall be kept clean and free of litter at all times and no cans, bottles, or other recyclable containers or other items shall be stored on the exterior premises at any time
I. Hours of operation shall be limited as determined necessary by the Planning Board to achieve compatibility with surrounding land uses.
SECTION 402.29 - MINERAL EXPLORATION, EXCAVATION AND REMOVAL OF LANDS FOR THE PURPOSE OF CREATING A SAND, FILL, OR GRAVEL PIT
This Section may also be known as the Gravel Pit and Quarry Ordinance.
Section 1. Purpose
The purpose of Section 402.29 of the Ordinance is to:
1.1 Regulate in an environmentally sound manner the extraction, removal, processing, and storage of topsoil, loam, rock, sand, gravel, clay, and other similar non-metallic earth materials in order to create an excavation for the purpose of obtaining gravel, rock, sand, fill, borrow, or clay.
1.2 Protect the quantity and quality of the groundwater and other water bodies.
1.3 Prevent a lowering of the average water table.
1.4 Control erosion.
1.5 Regulate access to excavations to and from public and private streets or roads.
1.6 Provide for the safety of the public.
Section 2 Effective Date :
The effective date of this revision of this Ordinance shall be May 19, 2005 .
Section 3 Applicability :
After the effective date of this revision of this Ordinance, all excavations within the Town of Gray shall be operated and maintained in accordance with the requirements of this Ordinance except for those excavations with previously issued valid permits that specifically allow otherwise. Examples of exceptions include, but are not limited to, previously issued site location of development permits or other arrangements that have been approved by the State Of Maine Department Of Environmental Protection.
Section 4 Definitions
Unless specifically defined herein, all words and terms in this Ordinance shall have their usual and customary dictionary definitions.
4.1 Applicant. Anyone who applies for a permit to create or operate an excavationto obtain gravel, rock, sand, fill, borrow, or clay.
4.2 Blasting. The use of explosives to break up or otherwise aid in the extraction or removal of rock or other consolidated natural formation.
4.3 Blazed Tree. A tree from which a section of bark has been removed to display a visible spot that can be easily recognized
4.4 Buffer Strip. An undisturbed area or belt of land that is covered with trees or other vegetation.
4.5 Excavation. Any digging, mining, or removal of borrow, topsoil, loam, rock, sand, gravel, clay, silt, or other similar non-metallic earth materials whether alone or in combination.
4.6 Gravel Pit. An excavation for removal, processing, or storage of borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination.
4.7 Operator. The owner or operator of an excavation.
4.8 Protected Natural Resource. As defined in 38 MRSA Section 480-B Subsection 8.
4.9 Public Works Projects. A project for the Town of Gray, other municipal entity, or the State of Maine including, but not limited to, the Maine Department of Transportation, and the Maine Turnpike Authority.
4.10 Rock. A hard non-metallic material that requires cutting, blasting, or similar methods of forced extraction.
4.11 Quarry. An excavation for the extraction of rock.
4.12 Reclamation. The rehabilitation of an area of land affected by excavation or mining.
4.13 Silt or clay. A material that consists of particles of such size that forty-five (45) percent or more of the fraction of those particles able to pass through a three (3) inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization, or runoff based upon gradation, plasticity, permeability, or other relevant criteria.
4.14 Topsoil. The top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils.
4.15 Working Excavation. The area of extraction, including side slopes, of an excavation for borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination. The area of a "working excavation" does not include areas for stockpiles, permanent fixed structures such as an office building, permanent processing facility, or fixed fuel storage.
Section 5 Classifications
There shall be three (3) classifications of excavations :
5.1 Class A excavations are those that are required to have a permit from the Maine Department of Environmental Protection in accordance with PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL, OR SILT 38 MRSA §§ 490-A to 490-M or excavations that have filed a notice of intent to comply pursuant to 38 MRSA § Section 484-A of the Site Location of Development Law and have adhered with the compliance schedule as required by that Section.
5.2 Class B excavations are those that are not required to have a permit from the Maine Department of Environmental Protection, but are required to have
a permit from the Town of Gray.
5.3 Class C excavations are those that are not required to have any permit because they are exempt under any one of the following rules :
5.3.1 Excavation whose sole purpose is to determine the nature or extent of mineral resources and is accomplished by hand sampling, test boring, or
other methods which create minimal disturbance with test holes filled in immediately after use.
5.3.2 The removal of less than two hundred (200) cubic yards of material (except topsoil) in any one (1) year, provided that such removal does not disturb more
than one (1) acre of land. The removal of any amount of topsoil or loam from a site is not an exempt activity unless it is undertaken as part of an
approved construction project, is part of normal farm operations, or the topsoil or loam is being moved to a contiguous site having the same ownership.
5.3.3 Excavation or grading which is undertaken as part of and subordinate to an approved construction project such as a subdivision, permitted structure, or road.
5.3.4 Excavations that have not expanded the limits of extraction beyond those that existed on the site prior to the initial adoption of this Ordinance
Section 402.29 on July 4, 1984.
Section 6 Permits
6.1 Any proposed new excavation, or any proposed expansion of an existing excavation beyond the boundaries of an existing permit, that is entirely within the Town of Gray is required to obtain a permit from the Town of Gray in accordance with the requirements of this Ordinance. For any excavation that crosses municipal boundaries, this requirement for a permit applies only to that portion that lies within the Town of Gray of a new excavation or proposed expansion of an existing excavation beyond the boundaries of an existing permit.
6.2 A permit shall be for the life of the permitted area. Renewal of a permit shall not be required while the operation of an excavation remains within the boundaries of the existing permit, provided that the owner or operator complies with all the requirements of this Ordinance.
6.3 Planning Board approval is required before a permit is issued by the Town of Gray.
6.4 An application for a permit shall be submitted to the Code Enforcement Officer.
The Code Enforcement Officer shall verify that the application is complete.
The following information shall be included with the application for a permit :
6.4.A Name, address, telephone number, fax, and email address of current owner of the property.
6.4.B Name, address, telephone number, fax, and email address of operator if different from owner.
6.4.C For a Class A excavation, if the applicant has received a Maine Department of Environmental Protection permit or any other State or Federal permits that may be required, then copies of those permits shall be included with the application.
6.4.D A copy of the site plan. For a Class A excavation, if a site plan has been accepted by the Maine Department of Environmental Protection, then a copy of that site plan shall be included with the application. The site plan shall include the following information :
6.4.D.1 Boundaries of the entire parcel.
6.4.D.2 Contours of land within and extending beyond the boundaries of the parcel for two-hundred (200) feet in all directions.
6.4.D.3 Present use of entire parcel including existing excavated areas.
6.4.D.4 Type and location of all existing and proposed surface water including drainage ways.
6.4.D.5 Boundaries of the areas proposed to be excavated.
6.4.D.6 Location of all proposed accesses to and from public or private streets.
6.4.E The location of existing wells and streams.
6.4.F The depth to groundwater at the site of the proposed excavation as determined by test boring to substantiate that the groundwater will not be disturbed.
6.4.G Plans for controlling access to the site.
6.4.H Provisions for shielding the excavation from surrounding properties with adequate screening or buffering.
6.4.I Description of existing or proposed signs and lighting.
6.4.J A narrative description of the operations including methods of extraction, uses of on-site processing equipment, type and location of any structures, stockpiled materials, disposition of stumps, brush, or other materials, and on-site storage of any hazardous materials.
6.4.k Parcel description by tax map and copy of deed with Registry of Deeds Book and Page Number.
6.4.L Names and addresses of abutting property owners.
6.4.M Present uses of abutting and nearby properties.
6.4.N A signed statement attesting that, to the best of the Applicant’s knowledge, the information contained in the application is true, accurate, and complete.
6.5 The Planning Board shall review each application for a permit according to the procedures of this Ordinance.
6.6 For Class A excavations, the Maine Department of Environmental Protection shall have jurisdiction over all matters pertaining to, or associated with, a Class A excavation. The Town of Gray Planning Board shall not have jurisdiction over any matters which fall within the jurisdiction of the DEP.
6.7 A public hearing shall be held within thirty (30) days of the date that the Code Enforcement Officer determines that the application is complete.
6.8 The Planning Board shall determine that the following issues are met by the proposed excavation operation :
6.8.A An appropriate buffer strip in accordance with the requirements of Section 7.3. of this Ordinance.
6.8.B Fencing, if appropriate to protect children when adjacent to a school or for other similar special circumstances
6.8.C Signs and lighting designed to prevent public nuisance conditions or undesirable aesthetic effects on the neighborhood.
6.8.D Safe entrances and exits in accordance with the provisions of the Gray Street Construction Ordinance.
6.8.E Appropriate security provisions.
6.8.F Noise, dust, runoff, and other environmental considerations that are outside of the boundaries of the excavation operation.
6.8.G The plan shall present appropriate mitigation measures to minimize negative impacts of the project on surrounding or nearby properties or public facilities including , but not limited to public roads.
Section 7 Excavation Regulations
7.1 All excavation operations shall be in accordance with the excavation and reclamation requirements of the Maine Department of Environmental Protection and the requirements of the applicable Sections of this Ordinance except that any areas that have not been disturbed or modified since July 4, 1985 are not subject to reclamation requirements.
7.2 All property boundaries must be identified by markers such as metal posts, stakes, flagging, or blazed trees.
7.3 A natural buffer strip of existing vegetation must be maintained in accordance with the following requirements :
7.3.1 A natural buffer strip at least twenty-five (25) feet wide must be maintained between any topsoil excavation and any property boundary. A natural buffer strip at least fifty (50) feet wide must be maintained between any other excavation and any property boundary. These distances may be reduced to not less than ten (10) feet with the written permission of the affected abutting property owner or owners. The written permission must be recorded in association with the deed of the affected abutting property at the Cumberland County Registry of Deeds. The distance may not be reduced to less than twenty-five (25) feet from the boundary of any cemetery or burial ground.
7.3.2 The buffer strip between excavations owned by abutting owners may be eliminated with the written permission of the abutters, provided that the elimination of this buffer strip does not increase the runoff from either excavation across the property boundaries.
7.3.3 A natural buffer strip at least one-hundred (100) feet wide must be maintained between any quarry and any property boundary. This distance may be
reduced to not less than ten (10) feet with the written permission of the affected abutting property owner or owners. The written permission must be recorded
in association with the deed of the affected abutting property at the Cumberland County Registry of Deeds. The distance may not be reduced to less than
twenty-five (25) feet from the boundary of any cemetery or burial ground.
7.3.4 The buffer strip between quarries owned by abutting owners may be eliminated with the written permission of the abutters, provided that the elimination
of this buffer strip does not increase the runoff from either excavation across the property boundaries.
7.3.5 Natural buffer strips must be maintained for the environmental protection of flowing water, water bodies, wetlands, and significant wildlife habitats
contained in wetlands as follows :
7.3.5.A A natural buffer strip at least one-hundred (100) feet wide must be maintained between the working edge of any excavation or quarry and the normal high water line of a great pond classified as GPA or a river or stream flowing to a great pond classified as GPA.
7.3.5.B A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and any other
water body.
7.3.5.C A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry
and any river, stream, or brook as defined in 38 MRSA Section 480-B.
7.3.5.D A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry
and a freshwater wetland consisting of or containing either or both of :
7.3.5.D.1 Under normal circumstances, at least twenty-thousand (20,000) square feet of aquatic vegetation, emergent marsh vegetation, or open water except for artificial ponds or impoundments.
7.3.5.D.2 Peat lands dominated by shrubs, sedges, and sphagnum moss.
7.3.5.E A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and a significant
wildlife habitat contained within a freshwater wetland.
7.3.6 A natural buffer strip at least one-hundred-fifty (150) feet wide must be maintained between the working edge of any excavation or quarry and the nearest
edge of the right of way of an adjacent road designated as a Scenic Highway by the Department of Transportation.
7.3.7 A natural buffer strip at least fifty (50) feet wide must be maintained between the working edge of any excavation or quarry and the nearest edge of the right
of way of any adjacent public road that has not been designated as a Scenic Highway.
7.3.8 A natural buffer strip at least fifty (50) feet wide must be maintained between the working edge of any excavation or quarry and any adjacent private road as
well as the nearest edge of the right of way of any adjacent private road. The width of the buffer strip adjacent to a private right of way may be reduced if
written permission is obtained from those who possess the use of the right of way. The written permission must be recorded in association with the deed
of the affected property of the right of way at the Cumberland County Registry of Deeds.
7.4 Dust generated by activities at the excavation, including dust associated with traffic, must be controlled by reasonable means such as watering, paving, or
other suitable management practices.
7.5 Erosion and sedimentation control for all reclaimed and unreclaimed areas, except for access roads, shall be in accordance with the following :
7.5.1 The area of a working excavation may not exceed ten (10) acres.
7.5.2 Stockpiles of top soil to be used for reclamation must be seeded, mulched, or otherwise temporarily stabilized.
7.5.3 Grubbed areas shall be stabilized.
7.5.4 Sediment shall be contained within the excavation site. Sediment shall not leave the parcel and shall not enter a protected natural resource.
7.6 Erosion and sedimentation control for access roads, shall be in accordance with the Maine Department of Environmental Protection best management practices.
7.7 Surface water discharges from areas may not be increased as a result of storm water runoff from storms up to a level of intensity of a twenty-five (25) year,
twenty-four (24) hour storm and must also be in accordance with the following standards :
7.7.1 Grading or other construction activity on the site may not alter natural drainageways such that the drainage, other than that which occurred before
development, adversely affects an adjacent parcel of land, or that any drainageways flowing from an adjacent parcel of land to the parcel are impeded.
7.7.2 Class A excavations or quarries two (2) acres or larger in size must be naturally internally drained. Structures such as detention ponds, retention ponds,
and undersized culverts may not be used to meet the requirements of this Section unless the operator first obtains a variance from the Department of
Environmental Protection in accordance with the requirements of 38 MRSA Section 490-E for gravel pits, 490-CC for quarries, and submits a copy
of the variance approval to the Code Enforcement Officer.
7.8 To ensure adequate protection of groundwater, setback requirements shall be in accordance with the following requirements :
7.8.1 Excavation may not occur within a vertical distance of five (5) feet of the seasonal high water table. A benchmark sufficient to verify the height of the seasonal high water table must be established and at least one test pit or monitoring well must be established on each five (5) acres of unreclaimed land.
7.8.2 A minimum separation of two-hundred (200) feet must be maintained between any excavation and any private drinking water supply that is a point-driven
or dug well and that was in existence prior to the excavation.
7.8.3 A minimum separation of one-hundred (100) feet must be maintained between any excavation and any private drinking water supply that is drilled
into saturated bedrock and that was in existence prior to the excavation.
7.8.4 A minimum separation of one-thousand (1000) feet must be maintained between any excavation and a public drinking water source.
7.9 Refueling operations, oil changes, and other maintenance activities requiring the handling of fuels, petroleum products, hydraulic fluids, and other on site activity
involving the storage or use of products that, if spilled, may contaminate groundwater, shall be conducted in accordance with a Maine Department of
Environmental Protection spill prevention, control, and countermeasures plan. Petroleum products and other substances that may contaminate groundwater
shall be stored and handled over impervious surfaces that are designed to contain spills. The spill prevention, control, and countermeasures plan shall
be posted at the site.
7.10 The level of noise associated with the operation of an excavation shall be controlled to minimize unreasonable impacts upon nearby neighbors.
All operations shall be conducted in accordance with the following requirements :
7.10.1 Except as noted in Subsections 7.13. and 7.14. below, routine operation of an excavation shall not cause sound levels at any property line of the excavation, or a property line of a contiguous property owned by the operator whichever is farther from the sound source, that exceed the following limits :
7.10.1.A The day time limit of seventy-five (75) dBA between 6:00 a.m. and 7:00 p.m.
7.10.1.B The night time limit of sixty (60) dBA between 7:00 p.m. and 6:00 a.m.
7.10.1.C The Sunday limit of sixty (60) dBA all day on Sunday.
7.11 Sound levels resulting from routine operation of excavations shall be measured in accordance with the rules and regulations of the Department of
Environmental Protection for noise as found in Chapter 375 Section 10-H.
7.12 Sound resulting from production blasting at an excavation shall be measured in peak linear sound level (dBLA) with a linear response down to 5 Hz and shall
be limited as follows :
7.12.1 Blasting shall not occur on Sundays.
7.12.2 Blasting shall not occur between the hours of 7:00 p.m. and 7:00 a.m.
7.12.3 Blasting shall not occur more frequently than four times per day.
7.12.4 Sound from blasting shall not exceed the following limits at any protected location :
Number of blasts
per day . Sound level limit
1 129 dBLA
2 126 dBLA
3 124 dBLA
4 123 dBLA
7.13 Blasting must be conducted in accordance with 25 MRSA, Chapter 318 and 38 MRSA, Section 490-Z.
7.14 The following activities are exempt from the sound level limits in this Section :
7.14.1 Registered and inspected vehicles while operating on public ways, or while entering the excavation area to make a delivery or a pickup and which are moving, starting, or stopping, but not when they are parked continuously for more than sixty (60) minutes in the excavation area.
7.14.2 Warning signals and alarms.
7.14.3 Emergency maintenance and repairs
7.14.4 Operations necessary for public works projects.
7.15 No part of any land affected by a gravel mining operation may be located in a significant wildlife habitat, as defined in 38 MRSA Section 480-B, or in an area listed pursuant to the Natural Areas Program, 12 MRSA Section 544.
7.16 Solid waste, including stumps, wood waste, and land-clearing debris generated on the affected land must be disposed of in accordance with the rules of the Maine Department of Environmental Protection Chapter 13, including any rules adopted to implement those laws.
7.17 Truck traffic at any excavation operation shall be limited to thirty-five (35) trucks per hour or comply with applicable permit requirements of the Maine Department of Transportation under Title 23, Section 704-A, and all applicable Ordinances of the Town of Gray.
Section 8 Reclamation
8.1 All land affected by excavation must be reclaimed in accordance with the requirements of this Section or as provided under 38 MRSA Section 490-E or 490-CC.
8.2 Reclamation shall restore an area to a condition that is similar to or compatible with the conditions that existed before excavation.
8.3 Reclamation may include, but is not limited to :
8.3.A Stabilization of slopes.
8.3.B Creation of safety benches.
8.3.C Planting of forests.
8.3.D Seeding of grasses and legumes.
8.3.E Seeding for grazing purposes.
8.3.F Planting of crops for harvest.
8.3.G Enhancement of wildlife and aquatic habitat.
8.3.H Enhancement of aquatic resources.
8.3.I Enhancement of recreational resources.
8.4 An owner or operator may apply to the Planning Board for approval of plans for alternative forms of reclamation.
8.4.A The site may be converted to another use.
8.4.B An owner or operator may develop a recreational management area and be exempt from the reclamation standards set forth in this Section if the following three conditions are all met :
8.4.B.1 The owner or operator first obtains a variance from the Maine
Department of Environmental Protection in accordance with the requirements of 38 MRSA Section 490-E for gravel pits and 490-CC for quarries.
68.4.B.2 The Off-road Recreational Vehicle Division of the Maine Department of Inland Fisheries and Wildlife determines that the site is suitable under Title 12, Section 1893-A.
8.4.B.3 The owner or operator submits a copy of the variance approval to the Code Enforcement Officer.
8.5 Unless other approved arrangements are made, reclamation shall be conducted in accordance with the Maine Department of Environmental Protection best management practices for erosion and sediment control within two (2) years after final grading and shall include :
8.5.1 Side slopes shall not be steeper than one (1) foot vertical for two-and-one-half (2 1/2) feet horizontal.
8.5.2 A vegetative cover shall be established by seeding within one year of the completion of excavation. Vegetative cover is acceptable if, within one year of seeding both of the following are accomplished :
8.5.2.A The planting of trees and shrubs results in a permanent stand
or a stand capable of regeneration and succession, sufficient to ensure a 75% survival rate.
8.5.2.B The planting of all materials results in a permanent ninety (90) percent of ground coverage.
8.5.3 When applicable, the site must be returned to its pre-construction natural condition as much as may be feasible to the satisfaction of the CEO. The CEO may require, when no longer in use, the removal of all associated above ground structures, equipment, foundations, utilities, and access roads or driveways constructed to specifically service the reclaimed area.
8.6 The Town may require an acceptable form of surety to cover the estimated cost to complete the reclamation of excavations with a working excavation larger than ten (10) acres in size, excluding any reclaimed areas, unless the operator demonstrates that a bond or similar financial assurance has been secured for the Maine Department of Environmental Protection pursuant to 38 MRSA Section 490-E. The estimated cost to complete the reclamation shall be determined on the basis of usual, customary, and reasonable costs for similar reclamation. The applicant shall provide surety in the form of cash, certified bank checks, insurance bonds, or irrevocable letters of credit all payable to the Town of Gray. Any such surety shall be satisfactory to the Municipal Officers and to the Town Attorney as to sufficiency, manner of
execution, and amount.
Section 9 District Regulations
9.1 Excavation and earth-moving activities requiring a permit in accordance with Section 6 of this Ordinance shall be considered allowed uses in the RRA, BD, MD, C, AOZ, LD, and MH Zoning Districts.
9.2 Excavation and earth-moving activities which require a permit but which were not in operation as of July 4, 1985 shall be prohibited in the VAP, WH-1, and WH-2 Zoning Districts.
9.3 RP, SP and LR Zoning Districts are covered separately under the Shoreland
Zoning Ordinance of the Town of Gray.
Section 10 Inspections
Inspections are required for all Class A and Class B excavations. The purpose of inspections is to determine or reaffirm that the excavation is in full compliance with Section 7 Excavation Regulations of this Ordinance.
10.1 Inspections of Class A excavations by the Maine Department of Environmental Protection shall be deemed sufficient provided that the owner or operator forwards a copy of the inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.2 Annual inspections of Class B excavations shall be performed by persons who are qualified to determine the degree of compliance of the excavation with the requirements of this Ordinance.
10.2.A An appropriate fee for the inspection shall be paid by the owner or operator of the excavation.
10.2.B The person doing the inspection shall be provided with an escort in accordance with the rules and regulations of the Federal Mining Safety and Health Administration (MSHA). Upon appropriate notice, the operator or a designee shall be the escort for inspection of the excavation.
10.2.C The person doing the inspection shall determine, as much as may be possible, the extent of the compliance of the excavation with the requirements of this Ordinance. If there are any instances of not being in compliance, those instance shall be noted on the inspection form in accordance with Section 10.2.D of this ordinance.
10.2.D The person doing the inspection shall complete the proper inspection form “Annual Inspection for Class B Excavations”, with any appropriate comments, and deliver the completed form to the owner or operator.
10.2.E The owner or operator shall forward a copy of the completed inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.3 Class C excavations may be inspected as deemed necessary by a designated representative of the Town of Gray.
10.4 If any additional inspection reports related to an excavation are received from any State or Federal Agency, the owner or operator shall forward a copy of the inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.5 By submitting an application for a permit, or by submitting an Annual Report, the applicant agrees to authorize a properly escorted designated representative of the Town to enter the property including buildings, structures, or conveyances on the property at reasonable hours to determine compliance with the terms and conditions of a permit for a Class B excavation.
Section 11 Expansions of Nonconforming Uses
No nonconforming mineral exploration, excavation, or removal of lands for the purpose of creating a sand, fill, or gravel pit shall be extended to other land or parts of land unless the other land or parts of the land were designated for such use prior to July 4, 1985. On any land or parts of land that were not designated for such use prior to July 4, 1985, excavation shall be permitted only upon the submittal and approval of an entirely new and separate application in accordance with the requirements of this Ordinance.
Section 12 Waiver of Provisions
12.1 The Town of Gray shall accept waivers or variances granted by the Department of Environmental Protection under 38 MRSA Section 490-E provided that the operator provides a copy of the variance approval to the Code Enforcement Officer prior to commencing the activity requiring the variance.
12.2 The Planning Board may waive any provision of this Ordinance upon determining that such waiver will not violate the purpose of this Ordinance.
Section 13 Change of Owner or Operator
Notice of a change of owner or operator shall be submitted to the Code Enforcement Officer of the Town of Gray in accordance with the following requirements :
13.1 For Class A excavations, the new owner or operator shall submit evidence to the Town that the excavation meets either of the following conditions :
13.1.1 The excavation has a valid Site Location of Development License pursuant to 38 MRSA Section 481.
13.1.2 The excavation has a valid gravel pit or rock quarry registration from the Maine Department of Environmental Protection pursuant to 38 MRSA 490-C, or 490-Y.
13.2 For Class B excavations, the new owner or operator shall submit a notice of intent to comply with the requirements of this Ordinance.
13.3 Where there is a change in ownership of an excavation operation for which a surety has been provided, the new owner shall be responsible for providing a new surety in accordance with the requirements of Section 8.6. Such surety shall be provided before the Town releases the original surety.
Section 14 Annual Report
The owner or operator of each Class A or Class B excavation shall submit a report
for each separately permitted excavation to the Code Enforcement Officer of the Town of Gray no later than March 1 of each year on a form specified by the Town of Gray. The report shall include the following information : | 
