LAND USE REGULATION COMMISSION ZONING ORDINANCE FOR FIRST ROACH POND
FIRST ROACH POND RESOURCE PLAN PROTECTION SUBDISTRICT (P-RP)
1. Purpose
The purpose of the First Roach Pond Resource Plan Protection subdistrict is to provide for the efficient and effective management of the subdistrict and to provide for the protection of those resources in the subdistrict in need of protection.
2. Description of Subdistrict
This subdistrict covers 1463 acres of land which surrounds most of First Roach Pond (including the North Inlet portion of the pond), a pond wholly within Frenchtown Township, lying to the east of Moosehead Lake and north of Greenville, Maine. This subdistrict includes 11.7 miles of shoreline, at least 500 feet back from the Normal High Water Mark of First Roach Pond, and is depicted on the Concept Plan Map 11.
3. Land Use Standards
Subject to the requirements and limitations set forth herein, all applicable deed restrictions, if any, and the Commission’s regulations, the following uses are permitted in this subdistrict without a permit from the Commission:
a. For all those areas within the subdistrict except those areas designated Wetland Protection (P-WL) or Shoreland Protection (P-SL) on Map 10 of the Concept Plan:
(1) Forest management activities, including the operation of machinery used primarily for forest management activities, provided that such activities are in compliance with Subsection 3.7, herein.
(2) Land management roads, in accordance with Section 10.17.A.4. of the Commission’s Rules and Standards;
(3) Primitive recreational uses, including fishing, hiking, hunting, wildlife study and photography, wild crop harvesting, trapping, horseback riding, tent and shelter camping, canoe portaging, cross country skiing, and snowshoeing;
(4) Motorized vehicular traffic on roads and trails, and snowmobiling;
(5) Wildlife and fishery management practices;
(6) Level A mineral exploration activities, including associated access ways in accordance with Section 10.17.A.3. of the Commission’s Land Use Regulations and Standards;
(7) Mineral extraction operations, provided that such operations are set back at least 250 feet from the normal high water mark and affect an area less than 2 acres in size;
(8) Portable mineral processing equipment such as rock screening equipment, provided that such equipment is not used for more than 30 days per year and provided it is set back at least 250 feet from the normal high water mark;
(9) Surveying and other resource analysis;
(10) Signs, but only “for sale” signs and signs identifying camps or camp owners, provided that such signs are in accordance with any applicable deed restrictions and/or home owners' association by-laws, rules and regulations and/or declaration of covenants and restrictions;
(11) Level A road projects;
(12) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies;
(13) Service drops;
(14) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;
(15) Non-permanent docking or mooring structures,
(16) Water crossings of minor flowing waters;
(17) Filling and grading in accordance with Section 10.17.A.6. of the Commission’s Rules and Standards; and
(18) Driveways associated with residential uses in accordance with Section 10.17.A.4. of the Commission's Rules and Standards;
b. For all those areas within the subdistrict designated as Wetland Protection (P-WL) on Map 10 of the Concept Plan:
(1) Primitive recreational uses, including fishing, hiking, hunting, wildlife study and photography, wild crop harvesting, trapping, horseback riding, tent and shelter camping, canoe portaging, cross country skiing, and snowshoeing;
(2) Motorized vehicular traffic on roads and trails, and snowmobiling;
(3) Wildlife and fishery management practices;
(4) Mineral exploration to discover or verify the existence of mineral deposits, including the removal of specimens or trace quantities, provided such exploration is accomplished by methods of hand sampling, including panning, hand test boring and digging and other non-mechanized methods which create minimal disturbance and take reasonable measures to restore the disturbed area to its original condition;
(5) Level A road projects;
(6) Surveying and other resource analysis;
(7) Forest management activities; provided timber harvesting is conducted in accordance with Subsection 3.7, herein;
(8) Land management roads in forested wetlands (designated P-WL3) other than water crossings, and land management roads in areas designated as P-WL1 or P-WL2 subdistricts on Map 10 of the Concept Plan and on the approved subdivision plats, other than water crossings, that alter less than 43,560 square feet of such subdistricts;
(9) Water crossings of minor flowing waters;
(10) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;
(11) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies;
(12) Filling, grading, draining, dredging or otherwise altering less than 4,300 square feet of area previously designated as wetlands on the approved subdivision plats and plans, provided such activity is in accordance with Section 10.17A.6. of the Commission’s Rules and Standards;
(13) Signs, but only “for sale” signs and signs identifying camps or camp owners, provided such signs are in accordance with any applicable deed restrictions and/or home owners' association by-laws, rules and regulations and/or declaration of covenants and restrictions;
(14) Non-permanent docking or mooring structures;
(15) Service drops for telephone or electrical service, including associated vegetative clearing, provided:
(a) the line extension does not cross or run beneath a coastal wetland, river, stream, or brook;
(b) the placement of wires or installation of utility poles is located entirely upon the premises of the customer requesting service, upon an established utility line easement, upon a roadway right-of –way, or, in the case of telephone service, on existing utility poles; and
(c) the total length of the extension is less than 2,000 feet; and
(16) Driveways associated with residential uses in accordance with Section 10.17.A.8. of the Commission’s Rules and Standards.
c. For all those areas within the subdistrict designated as Shoreland Protection subdistricts (P-SL) on Map 10 of the Concept Plan:
(1) Primitive recreational uses, including fishing, hiking, hunting, wildlife study and photography, wild crop harvesting, trapping, horseback riding, tent and shelter camping, canoe portaging, cross country skiing, and snowshoeing;
(2) Motorized vehicular traffic on roads and trails, and snowmobiling;
(3) Wildlife and fishery management practices;
(4) Service drops;
(5) Level A mineral exploration activities, including associated access ways;
(6) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;
(7) Surveying and other resource analysis;
(8) Signs, but only “for sale” signs and signs identifying camps or camp owners, provided such signs are in accordance with any applicable deed restrictions and/or home owners' association by-laws, rules and regulations and/or declaration of covenants and restrictions;
(9) Forest management activities; provided timber harvesting is conducted in accordance with Subsection 3.7, herein, and in compliance with applicable deed restrictions, if any, homeowners' association declaration of covenants, if any, and conservation easements, if any;
(10) Land management roads, and water crossings of minor flowing waters;
(11) Level A road projects;
(12) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies;
(14) Driveways associated with residential uses in accordance with Section 10.17.A.8. of the Commission’s Rules and Standards; and
(15) Filling and grading in accordance with Section 10.17.A.6. of the Commission’s Rules and Standards.
3.2 Uses Requiring a Permit
Subject to the requirements and limitations set forth herein, all applicable deed restrictions, if any, and the Commission’s regulations, the following uses may be allowed within this subdistrict upon issuance of a permit from the Commission pursuant to 12 M.R.S.A. Section 685-B:
a. For all those areas within the subdistrict except those areas designated Weland Protection (P-WL) or Shoreland Protection (P-SL) on Map 10 of the Concept Plan:
(1) Water crossings of minor flowing waters which are not in conformance with the standards for such activities in Section 10.17.A.4. of the Commission’s Rules and Standards, and water crossings of standing waters and of major flowing waters;
(2) Residential single-family detached dwellings and residential subdivisions;
(3) Utility facilities (other than service drops) serving residential uses authorized under these standards or under the Concept Plan;
(4) Campsites with outhouses, excluding tent trailers, pickup campers, and recreational vehicles;
(5) Shoreland alterations, excluding marinas, permanent docking facilities, water-access ways, trailered ramps, hand-carry launches, and water crossings of minor flowing waters;
(6) Land management roads which are not in conformance with Section 10.17.A.4. of the Commission's Rules and Standards;
(7) Level B and C road projects, except for water crossings as provided for in 10.14.B.3.a of the Commission’s Rules and Standards;
(8) Filling and grading except as provided for in Subsection 3.1.a., above, and draining, dredging, and alteration of the water table or water level for other than mineral extraction;
(9) Level A mineral exploration activities, including associated ways, which are not in conformance with the standards for such activities in Section 10.17.A.3. of the Commission’s Rules and Standards;
(10) Level B mineral exploration activities;
(11) Private, non-commercial, hand-carry boat launches;
(12) Other structures, uses or services that are essential to the uses listed in a and b above, provided such activity is in accordance with the Commission’s regulations;
(13) Home occupations, except those that display goods, products or merchandise or that generate traffic;
(14) Driveways associated with residential uses and structures, which are not in conformance with Section 3.9, below; and
(15) Other structures, uses, or services which the Commission determines are consistent with the purposes of this subdistrict and the Comprehensive Land Use Plan and are not detrimental to the resources or uses they protect.
b. For all those areas within the subdistrict designated as Wetland Protection (P-WL) on Map 10 of the Concept Plan:
(1) Land management roads which are not in conformance with Section 10.17. A. of the Commission’s Rules and Standards or which will alter 43,560 sq. ft. or more of an area previously as P-WL1 or P-WL2 on Map 10 of the Concept Plan;
(2) Level B road projects, other than crossings of minor flowing waters as provided in Subsection 3.1.b., above;
(3) Water crossings of minor flowing waters which are not in conformance with the standards for such uses in Section 10.17.A.4. of the Commission’s Rules and Standards and water crossings of tidal waters, standing waters, and of major flowing waters;
(4) Shoreland alterations, excluding, marinas, permanent docking facilities, water access ways, trailered ramps, hand-carry launches, and water crossings of minor flowing waters;
(5) Filling, grading, and dredging, other than for riprap associated with water crossings and except as provided for in 3.1.b., above;
(6) Other structures, uses or services that are essential to the uses listed in 3.1.b. and 3.2.b., above, provided such activity is in accordance with these standards;
(7) Private, non-commercial, hand-carry boat launches;
(8) Driveways associated with residential uses and structures, which are not in conformance with Section 3.9, below; and
(9) Other structures, uses or services which the Commission determines are consistent with the purposes of this subdistrict and the Comprehensive Land Use Plan and are not detrimental to the resources or uses which they protect.
c. For all those areas within the subdistrict designated as Shoreland Protection subdistricts (P-SL) on Map 10 of the Concept Plan:
(1) Forest management activities which are not in conformance with the standards for such activities in Subsection 3.7, below;
(2) Land management roads, and water crossings of minor flowing waters which are not in conformance with the standards for such activities in Section 10.17.A.4. of the Commission’s Rules and Standards, water crossings of standing waters and of major flowing waters;
(3) Campsites without outhouses, excluding tent trailers, pickup campers, and recreational vehicles;
(4) Level A mineral exploration activities, including associated access ways, which are not in conformance with the standards for such activities in Section 10.17. A of the Commission’s Rules and Standards;
(5) Level B mineral exploration activities;
(6) Level B and C road projects, other than crossings of minor flowing waters which are allowed without a permit;
(7) Private, non-commercial, hand-carry boat launches;
(8) Driveways associated with residential uses and structures, which are not in conformance with Section 3.9, below;
(9) Other structures, uses or services that are essential to the uses listed in 3.1.c. and 3.2.c., above, provided such activity is in accordance with these standards; and
(10) Other structures, uses or services which the Commission determines are consistent with the purposes of this subdistrict and the Comprehensive Land Use Plan and are not detrimental to the resources or uses which they protect.
3.3 Prohibited Uses
All uses not expressly allowed, with or without a permit, shall be prohibited.
3.4 Clearing
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, Section 10.17.A.2. of the Commission's Rules and Standards shall apply to all clearing within this subdistrict.
3.5 Mineral Exploration and Extraction
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, Section 10.17.A.3. of the Commission's Rules and Standards shall apply to all mineral exploration and extraction within this subdistrict.
3.6 Roads and Water Crossings
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, Section 10.17.A.4. of the Commission’s Rules and Standards shall apply to all roads and water crossings in this subdistrict.
3.7 Timber Harvesting
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, and conservation easements, if any, the following standards shall apply to all timber harvesting within this subdistrict.
(1) No clearcutting shall be allowed and harvesting operations shall be conducted in such a manner that a well-distributed stand of trees is retained so as to maintain the aesthetic and recreational value and water quality of the area and to reasonably avoid sedimentation of surface waters.
(2) Harvesting shall not remove, in any ten year period, more than 40 percent of the volume on each acre involved of trees 6 inches in diameter and larger measured at 4½ feet above ground level. Removal of trees less than 6 inches in diameter, measured as above is permitted if otherwise in conformance with these regulations. For the purpose of these standards, volume may be determined as being equivalent to basal area.
(3) No accumulation of slash shall be left within 50 ft. of the normal high water mark of First Roach Pond or North Inlet Pond. At distances greater than 50 ft. from the normal high water mark of such waters, all slash larger than 3 inches in diameter shall be disposed of in such a manner that no part thereof extends more than 4 ft. above the ground.
(4) Skid trails and other sites, where the operation of machinery used in timber harvesting results in the exposure of mineral soil, shall be located such that an unscarified filter strip of at least the width indicated below is retained between the exposed mineral soil and the normal high water mark of the ponds:
|
Average Slope of Land Between Exposed Mineral Soil and Normal High Water Mark (Percent) |
Width of Strip Between Exposed Mineral Soil and Normal High Water Mark (Feet Along Surface of the Ground) |
|
0 10 20 30 40 |
25 45 65 85 105 |
(5) The provisions of this subsection (5) apply only on a face sloping toward the water, provided, however, no portion of such exposed mineral soil on a back face shall be closer than 25 feet; the provisions of this subsection (5) do not apply where skid roads cross such waters;
(6) Timber harvesting operations shall be conducted in such a manner that slash is not left below the normal high water mark of standing waters, or below the normal high water mark of stream channels downstream from the point where such channels drain 300 acres or more;
(7) Except when surface waters are frozen, skid trails and skid roads shall not utilize stream channels bordered by streams designated as P-SL2 Protection subdistricts on Map 10 of the Concept Plan except to cross the same by the shortest possible route; unless culverts or bridges are installed in accordance with Section 10.17.A.4.(b) and (e) of the Commission’s Rules and Standards, such crossings shall only use channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged;
(8) Skid trail and skid road approaches to stream channels shall be located and designed so as to divert water runoff from the trail or road in order to prevent such runoff from directly entering the stream;
(9) Harvesting operations in areas designated as P-SL2 Protection subdistricts on Map 10 of the Concept Plan along stream channels downstream from the point where they drain 300 acres or more and along standing bodies of water shall be conducted in such a manner that sufficient vegetation is retained to maintain shading of the surface waters;
(10) Written notice of all timber harvesting operations shall be given to the Commission prior to the commencement of such activity. Such notice shall conform to the requirements of Section 10.20 of the Commission’s Rules and Standards;
(11) In addition to the foregoing minimum requirements, provision shall otherwise be made in conducting timber harvesting operations in order to reasonably avoid sedimentation of surface waters; and
(12) No land management road shall be located within 100 feet of the normal high water mark, provided a reasonable alternate location, beyond this distance from the shore, can be found and used. All land management roads must be in compliance with Section 10.17.A.4. of the Commission's Rules and Standards.
(1) Harvesting activities may not create single openings greater than 14,000 square feet in the forest canopy. In such areas single canopy openings of over 10,000 square feet shall be no closer than 100 feet apart.
(2) Harvesting shall not remove, in any ten year period, more than 40 percent of the volume on each acre involved of trees 6 inches in diameter and larger measured at 4 1/2 feet above ground level. Removal of trees less than 6 inches in diameter, measured as above is permitted if otherwise in conformance with these regulations. For the purpose of these standards, volume may be determined as being equivalent to basal area.
(3) All slash larger than 3 inches in diameter shall be disposed of in such a manner that no part thereof extends more than 4 ft. above the ground.
(4) Except as provided in subsection (9) of this section, skid trails, land management roads, and other sites, where the operation of machinery and trucks used in timber harvesting results in the exposure of mineral soil, shall be located such that an unscarified filter strip of at least the width indicated below is retained between the exposed mineral soil and the normal high water mark of surface water areas:
|
Average Slope of Land Between Exposed Mineral Soil and Normal High Water Mark (Percent) |
Width of Strip Between Exposed Mineral Soil and Normal High Water Mark (Feet Along Surface of the Ground) |
|
0 10 20 30 40 |
25 45 65 85 105 |
(5) The provisions of this subsection (5) apply only on a face sloping toward the water, provided, however, no portion of such exposed mineral soil on a back face shall be closer than 25 feet; the provisions of this subsection (5) do not apply where skid roads cross such waters;
(6) Timber harvesting operations shall be conducted in such a manner that slash is not left below the normal high water mark of standing waters, or below the normal high water mark of stream channels downstream from the point where such channels drain 300 acres or more;
(7) Except when surface waters are frozen, skid trails and skid roads shall not utilize stream channels bordered by P-SL2 Protection subdistricts except to cross the same by the shortest possible route; unless culverts or bridges are installed in accordance with Section 10.17.A.4.(b) and (e) of the Commission’s Rules and Standards, such crossings shall only use channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged. The requirements of this subsection (7) may be modified according to the provisions of subsection (9) of this section;
(8) Except as provided in subsection (9) of this section, skid trail and skid road approaches to stream channels shall be located and designed so as to divert water runoff from the trail or road in order to prevent such runoff from directly entering the stream;
(9) Timber harvesting operations, in areas designated as P-SL2 Protection subdistricts along stream channels upstream from the point where they drain 300 acres or less and in areas previously designated as P-WL Protection subdistricts adjacent to such streams, may be conducted in a manner not in conformity with the requirements of the foregoing subsections (5), (7) and (8) provided that such operations are conducted so as to avoid the occurrence of sedimentation of water in excess of 25 Jackson Turbidity Units as measurable at the point where such stream channel drains 1 square mile or more. Jackson Turbidity Units are a standard measurement of the relative amount of light that will pass through a sample of water compared with the amount of light that will pass through a reference suspension; the Jackson Turbidity Unit measurement for water without turbidity is 0;
(10) Harvesting operations in areas designated as P-SL2 Protection subdistricts along stream channels downstream from the point where they drain 300 acres or more and along standing bodies of water shall be conducted in such a manner that sufficient vegetation is retained to maintain shading of the surface waters;
(11) Written notice of all timber harvesting operations shall be given to the Commission prior to the commencement of such activity. Such notice shall conform to the requirements of Section 10.20 of the Commission’s Rules and Standards and shall state whether or not such operations will be conducted according to the provisions of subsection (9) of this section; and
(12) In addition to the foregoing minimum requirements, except as provided for in subsection (9), provision shall otherwise be made in conducting timber harvesting operations in order to reasonably avoid sedimentation of surface waters.
c. Except as otherwise provided by the Concept Plan or applicable laws, timber harvesting operations beyond 250 feet of the normal high water mark of First Roach Pond and North Inlet Pond in areas designated M-GN on Map 10 of the Concept Plan shall not be subject to harvesting restrictions.
3.8 Filling and Grading
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, Section 10.17.A.6. of the Commission's Rules and Standards shall apply to all filling and grading within this subdistrict.
3.9 Driveways Associated with Residential Structures and Uses
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, Section 10.17.A.8. of the Commission's Rules and Standards shall apply to all driveways associated with residential structures and uses within this subdistrict. Section 10.17.A.4.(c) of the Commission's Rules and Standards shall also apply to driveways constructed through wetlands within this subdistrict
4. Dimensional Requirements
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, the dimensional requirements contained in Section 10.17.B.1. of the Commission's Rules and Standards shall apply to this Subdistrict.
5. Nonconforming Uses and Structures
Except as otherwise provided herein, or as restricted by applicable deed restrictions, if any, conservation easement and/or conservation covenant provisions, if any, and the Commission’s regulations, existing nonconforming uses and structures within this Subdistrict shall be governed by the standards contained in Section 10.11. of the Commission's Rules and Standards.
6. Duration
The duration of this subdistrict shall be twenty (20) years from the effective date hereof.
7. Extension
Prior to its expiration, the Plan may be renewed and extended in accordance with Section 10.16.F of the Commission’s Land Use Districts and Standards upon approval of the Commission and at the request of the landowner(s). The landowner(s) must provide the Commission with written notice of whether they intend to extend or renew the Plan one (1) year prior to the expiration of this Plan. If the Plan is proposed for renewal, the renewed Plan must be substantially complete and submitted to the Commission six (6) months prior to the current Plan’s expiration date. If the landowner(s) or the Commission do not wish to renew the Plan, or cannot agree upon the terms of a renewal, the Commission will, in conformity with its Comprehensive Land Use Plan, statutes, and standards, designate appropriate zoning subdistricts for those areas encompassed by this Plan to become effective upon expiration of this Plan.
8. Effective Date
The effective date of this Subdistrict shall be the date of approval of the Concept Plan by the Land Use Regulation Commission. All references to the Commission's Rules and Standards herein shall mean those rules and standards in effect as of the date of approval of the Concept Plan.