Town of Windham - General Requirements

Basic Subdivision Layout

(1) Lots.

(a) Calculation of density. See§ 120-541: Net residential area or acreage, in Article 5: Performance Standards.

(b) Wherever possible, side lot lines shall be perpendicular to the street.

(c) The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as either to provide for or preclude future division. Deed restrictions or notes on the plan shall either prohibit future divisions of the lots or specify that any future division shall constitute a revision to the plan and shall require approval from the Board, subject to the criteria of the subdivision statute, the standards of these regulations and conditions placed on the original approval.

(d) If a lot on one side of a public street fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the public street to meet the minimum lot size.

(e) Lot numbering. Even numbers shall be assigned to lots on one side of the street, and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing street or street approved by the Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers. The lot numbering shall be reviewed by the E-911 Addressing Officer and the comments shall be considered by the Board.

(2) Utilities. The size, type and location of public utilities, such as sewers, water lines, storm drains, streetlights, electric lines, telephones lines, fire hydrants, etc., shall be approved by the Board and installed in accordance with the requirements of the Board and these standards.

(a) Utilities shall be installed underground.
(b) All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.

(3) Monuments.

(a) Street line monuments. Monuments shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines without curves or intersections. Street line monuments shall be granite and have minimum dimensions of four inches square at the top and four feet in length. The monuments shall be set in the ground with the top of the monuments no more than six inches above the final grade level. A drill hole at least 0.5 inch deep shall locate the point or points described above and include the registration number of the Maine licensed professional land surveyor that set the monuments. Monuments shall be capable of being detected by commonly used magnetic or electronic equipment, as required by the Maine Board of Licensure for Professional Land Surveyors.

(b) Other monuments. All other subdivision boundary corners and angle points, as well as all lot boundary corners and angle points, shall be marked by suitable permanent monumentation solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment, as required by the Maine Board of Licensure for Professional Land Surveyors. The monument shall clearly show the registration number or temporary certificate number of the Maine licensed professional land surveyor responsible for the survey. Where the placement of a required monument at its proper location is impractical, it shall be permissible to set a reference monument close to that point.

See Article 9: Subdivision Review for complete, detailed information.

Buffer Yard
A. Purpose. See § 120-511A for detailed information.

B. General standards.

(1) Unless otherwise stated, the buffer yard requirements shall apply:

(a) At perimeter property lines of conservation and country subdivisions.
(b) At or beyond the perimeter of developed areas associated with single developments where such single developments are not associated with a subdivision. Where no land use exists within 200 feet of the rear of the developed area, no buffer is required along the rear perimeter of the developed area, and the sideline buffers need not extend beyond the limits of the developed area.
(c) Along public and private street frontages.
(d) In the commercial districts, at the boundaries of new nonresidential developments proposed adjacent to Residential District boundary lines.
(e) In the commercial districts encompassing all nonresidential outside storage areas, loading docks, garbage collection areas, on-ground electrical transformer stations, service areas and similar facilities.

(2) Natural features shall be maintained wherever possible to meet buffer requirements. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide an effective buffer, landscaped buffers shall be created. Indigenous plantings shall be used whenever possible; landscape plans shall strive for a "natural" look.

(3) Although this section does not prohibit landscaping within a road or street right-of-way, no part of the right-of-way shall be used to satisfy the buffer yard requirement.

(4) Buffer yard design and materials.

(a) Existing native plant material. The use of existing plant material is strongly encouraged in landscape buffer yards. Existing natural groundcover should be retained where possible by avoiding scraping, grading and sodding within the landscape buffer yard. Where the planting requirements require additional trees or shrubs to be installed in an existing natural area, installation should minimize disturbances to native species.

(b) Trees. Where the planting requirements indicate that additional trees shall be installed, required trees shall be a minimum of six feet in height or two inches in caliper, as appropriate. At least 1/2 of the required trees shall be locally adapted natural evergreen species. Trees shall be distributed throughout the yards, so that there are no horizontal gaps between trees greater than 30 feet as measured parallel to the property line. Required canopy trees shall have an expected mature height of 30 feet or greater. Required understory trees shall have an expected mature height of at least 15 feet.

(c) Shrubs. Shrubs planted to meet the minimum standards of this article shall be a minimum of 1 1/2 feet in height when planted and at least 1/2 shall be expected to reach five feet or greater in height within five years of planting. At least 1/2 of the required shrubs shall be locally adapted evergreen species. Shrubs planted on berms may have a lesser mature height provided that the combined height of the berm and plantings after five years is at least five feet. Shrubs shall be planted in such a way as to form continuous coverage with no shrub being greater than five feet from another as measured parallel to the property line. Shrubs may be planted in staggered rows or any other pattern which still achieves the desired continuous coverage.

(d) Compatibility of landscaping materials. Supplemental plantings should be chosen to enhance the existing vegetation within the landscape buffer yard. The species used in the supplemental plantings should be species that occur naturally in the landscape, and should be selected for their noninvasive properties.

(e) Grading and use of berms. Proposals for grading within a buffer yard shall demonstrate superior enhancement of the buffer function compared to retention of the existing grades. Grading should not endanger or remove existing trees which occur within a landscape buffer yard, unless the proposal clearly demonstrates an enhanced buffer. Where berms are incorporated into the yard, the required plantings may have a lesser mature height, provided that the combined height of the berm and plantings will equal the required mature heights of plantings.

(f) Other uses within buffer yards prohibited, except:

[1] Trails may occur within buffer yards provided that the required effect of the yard is not compromised.
[2] The following stormwater infrastructure shall be allowed within the buffer yard: low-impact development (LID) systems as identified in the September 21, 2007, report, "LID Guidance Manual for Maine Communities," as amended.

(g) Buffer yards shall be continuous and unbroken except for driveways or sidewalks required to access parking areas or streets. Driveway/sidewalk penetrations shall cross the buffer yard as close to perpendicular as possible.

(h) Maintenance of required landscape materials. The property owner shall maintain the landscaping required by this section.

(i) Design standards. Clear lines of sight shall be maintained along streets and driveways to provide for the safety of motorists, pedestrians and bicyclists.

C. Buffers between different uses. See § 120-511C for detailed information.

See § 120-511: Buffer yard for complete, detailed information.

Central Sewage System
The following standards, in addition to those required by the State of Maine, shall apply to centralized sewer systems:

A. A centralized system may include a private sewer collection system flowing into a larger septic tank, or it may include building drains flowing into individual smaller septic tanks.

B. The wastewater, after receiving primary treatment in the septic tank or tanks, may be pumped or gravity fed to a single subsurface disposal field or several fields on a common land area.

C. A maintenance agreement between the property owners served by the central sewage system must be established and submitted to the Town of Windham prior to installation of the central sewage system.

Clearing/Removal of Vegetation for Activities Other than Timber Harvesting

(1) RP Zone.

(a) Within a shoreland area zoned for Resource Protection abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazard trees as described in § 185-15Q.

(b) Elsewhere, in any Resource Protection District the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

(2) Buffer strip. Except in areas as described in Section (1), above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

(a) There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, provided that a cleared line of sight to the water through the buffer strip is not created.

(b) Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this subsection, a "well-distributed stand of trees" adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot rectangular (1,250 square feet) area as determined by the following rating system: see table for information on tree diameters.

(c) In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered or removed, except to provide for a footpath or other permitted uses as described in Subsection (2) and (2)(a), above.

(d) Pruning of trees branches, on the bottom 1/3 of the tree is allowed.

(e) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Subsection S, below, unless existing new tree growth is present.

(f) In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Section (2), above. Section (2) does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

(3) Distances greater than 100 feet.

(a) At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

(b) In no event shall cleared openings for any purpose, including, but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed, in the aggregate, 25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision applies to the portion of a lot within the shoreland zone, including the buffer area, but shall not apply to the General Development District.

(4) Existing openings. Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this chapter.

(5) Reverted fields. Fields and other cleared openings which have reverted to primary shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

Exemptions to clearing and vegetation removal requirements. See § 185-15R for detailed information.

See § 185-15P for complete, detailed information.

Conformance with Land Use Ordinances
All lots shall meet the dimensional requirements of the zoning district in which they are located. The proposed subdivision shall meet all applicable performance standards or design criteria of this chapter.

Note: See § 120-533: Lot, backlot., in Article 5: Performance Standards, for additional standards regarding backlots in subdivisions.

Controlled Access Street
A. For the purposes of this chapter, only the following streets shall be classified as controlled access streets: Manchester Drive.
B. All curb cuts on a controlled access street must be spaced at least 300 linear feet from the nearest curb cut on said controlled access street. (See Article 3: Definitions, for definition of "street classification").

Curb Cuts and Driveway Openings
A. These standards provide for the review of any entrance onto a public way for compliance with sound construction and design practices to ensure that traffic safety, drainage and public improvements are not adversely affected. In many cases, this section works in conjunction with the street design standards in Article 9: Subdivision Review.

B. Zoning district standards.

(1) F, FR, RL, RM, VR Districts.

(a) A parcel shall be limited to two curb cuts on the same street.
(b) Each curb cut shall be limited to 30 feet in width.

[1] The Planning Board may waive this standard if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8: Site Plan Review, or Article 9: Subdivision Review, shall apply.

(2) C-1, C-1N, C-2, C-3, C-4, I, VC, WC Districts.

(a) A parcel shall be limited to one curb cut on the same street. The Planning Board may waive this standard to allow a maximum of two curb cuts on a nonarterial street if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8: Site Plan Review, or Article 9: Subdivision Review, shall apply.
(b) Each curb cut shall be limited to 40 feet in width.

[1] The Planning Board may waive this standard if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8: Site Plan Review, or Article 9: Subdivision Review, shall apply.

(c) Parking areas with more than two parking spaces shall be so arranged that vehicles can maneuver within such areas and exit onto the street in a forward motion.

Developable Land
Land proposed for development shall meet the following standards:

A. A parcel of land that meets the standards of the zoning district in which it is located; or

B. If located in an approved subdivision, a parcel of land that meets the standards for net residential area or acreage in Article 5: Performance Standards, § 120-541: Net residential area or acreage.

Dust
(1) Dust generated by activities at the excavation site, including dust associated with traffic to and from the excavation site, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Except within the direct watershed of a lake most at risk from new development as designated in the Maine Department of Environmental Protection's Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams, dust-control methods may include the application of calcium chloride, providing the manufacturer's labeling guidelines are followed.

(2) Access driveways shall be paved a minimum of 100 feet from the intersection with the public or private street.

(3) Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load.

See Article 6: Mineral Extraction for complete, detailed information.

Erosion and Sedimentation Control
Erosion and sedimentation control. A working pit must be naturally internally drained at all times unless a variance is obtained from the Maine Department of Environmental Protection. In addition to § 120-812F, the following standards apply:

(1) The area of a working pit shall not exceed 10 acres.
(2) Stockpiles consisting of topsoil to be used for reclamation must be seeded, mulched or otherwise temporarily stabilized.
(3) Sediment may not leave the parcel or enter a protected natural resource.
(4) Grubbed areas not internally drained must be stabilized.
(5) Erosion and sedimentation control for access roads must be conducted in accordance with the department's best management practices for erosion and sedimentation control.
(6) All areas other than a working pit area that are not naturally internally drained must meet the erosion and sedimentation control standards of § 120-812F.

See Article 6: Mineral Extraction for complete, detailed information.

Excavations
Except for drainageways, shall be at least 200 feet from any existing residence.

See Article 6: Mineral Extraction for complete, detailed information.

Exterior Lighting
The proposed development shall have adequate exterior lighting to provide for its safe use during operating hours.

(1) Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways.

(a) Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings and so that they do not unnecessarily light the night sky.

(b) Direct or indirect illumination shall not exceed 0.5 footcandle at the lot line or upon abutting residential properties.

(2) Wiring to light poles and other exterior light fixtures shall be underground.

Floodplain Management
If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site shall be consistent with the Town's floodplain management provisions.

See also Chapter 82: Floodplain Management for more information.

Hazardous, Special, and Radioactive Materials
(1) The handling, storage, and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive shall be done in accordance with the standards of these agencies.

(2) No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground unless they are located at least 75 feet from any lot line, or 40 feet in the case of underground storage. All materials shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

Historic and Archaeological Resources
If any portion of the site has been identified as containing historic or archaeological resources, the development shall include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

Land Use Requirements
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulation herein specified for the district in which it is located, unless a variance is granted.

Lot, Backlot
A. Zoning districts. Backlots shall be permitted in the following zoning districts:

(1) Farm.
(2) Farm-Residential.
(3) Light-Density Residential.
(4) Medium-Density Residential.

B. Standards. The following standards shall apply to the creation of backlots, or the extension of existing backlot rights-of-way:

(1) General standards. The following general standards apply to backlots:

(a) Rights-of-way.

[1] Backlots must be accessed by a right-of-way having a minimum width of 50 feet. The required minimum width must be continued for the entire length of the right-of-way.
[2] A right-of-way shall serve no more than one backlot.
[3] A right-of-way serving more than one backlot shall meet the applicable street construction standards of § 120-555: Streets.
[4] A hammerhead turnaround shall be provided in accordance with § 120-555C(8)(f)[2].
[5] Right-of-way extensions.

[a] The first hammerhead created after March 12, 2012, may be retained as part of the right-of-way and may continue to be used to meet the minimum frontage requirement of the zoning district. Hammerheads created prior to that date will not be required to be removed, even if this results in more than one hammerhead on a right-of-way.

[b] All subsequent hammerheads created after March 12, 2012, shall be removed if a road is extended beyond the location of said existing hammerhead turnaround(s). After the hammerhead turnaround is removed, all lots must continue to comply with the minimum frontage requirement of the zoning district.

(b) Frontage. The backlot shall meet the minimum frontage requirement of the applicable zoning district along the right-of-way. All sides of a hammerhead turnaround right-of-way may be used in the calculation of frontage. If the hammerhead turnaround is removed to accommodate future right-of-way extensions, the original lot must still meet the minimum lot frontage requirement.

(c) Minimum setback requirements.

[1] The required minimum front setback standard for structures constructed on a backlot shall be measured from the closest edge of the right-of-way.

[2] Minimum setbacks from a new right-of-way do not apply to structures on abutting properties that do not obtain their frontage from said right-of-way.

[3] Front lot line. For purposes of determining the front lot line and the front setback, the right-of-way shall be deemed to run from one side of the lot to the other side of the lot if it ends prior to that point. (See Diagram A, below.)

[4] Corner lots. If a corner lot is created by the installation of a right-of-way, the minimum setbacks shall be met in accordance with the corner lot standards in Article 5: Performance Standards. The installation of a hammerhead turnaround does not constitute the creation of a corner lot. Backlots that obtain their frontage from a hammerhead turnaround shall choose which side of the hammerhead turnaround will constitute the front lot line. The designated front lot line shall be stated on the building permit and shall not be changed after said designation. (Note: If a choice of front lot lines is available, care should be taken to plan for the setback requirements necessary for future right-of-way extensions.) If the minimum setbacks for corner lots cannot be met, the applicant may apply for a dimensional variance in accordance with Article 11: Board of Appeals of this chapter.

[5] No dwelling unit shall be erected on a backlot that is closer than 200 feet to an existing public street, private road or private way.

Diagram A

Front Lot Line

Lot, Corner
A. Front setbacks. The required front setback shall be required on both sides of the lot that front on a public or private right-of-way.
B. The remaining two sides of the lot shall meet the side yard requirements of the applicable zoning district.
C. Rear setbacks. A rear setback is not required for corner lots.

Manure, Spreading of Spreading or disposal of manure. All spreading or disposal of manure shall be accomplished in conformance with the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

Multifamily Development Standards
A. Building architecture. See § 120-814A for detailed information.

B. Site design.

(1) Parking.

(a) On-site parking may include new internal streets or access drives with parallel or angled on-street parking. Wherever possible, parking lots shall be located to the rear or sides of multifamily buildings.

(b) Provisions shall be made for snow storage in the design of all parking areas. The areas used for snow shall not conflict with proposed landscaping. The areas shall be sited to avoid problems with visibility, traffic circulation, drainage, or icing during winter months.

(2) Screening.

(a) Utilities. Service areas, loading docks, delivery areas, trash receptacles, and mechanical equipment shall be screened to minimize visibility from sensitive view-points such as public and private roadways, main entrances, residences outside the development, public open spaces, and pathways. Service areas shall be screened with architectural elements such as walls or fences. Screening may be further enhanced with evergreen trees, shrubs, and earth berms. Gates on utility enclosures shall be designed to prevent sagging.

(b) Existing residential abutters. When new residential development is adjacent to an existing residential use, landscaping, including large evergreen trees, and/or garden features (e.g., trellis or supplementary fencing), shall provide a buffer or screening between properties and obscure direct sight-lines into private yard areas or windows on adjacent properties.

(3) Bicycle/pedestrian. See § 120-814B(3) for details.

(4) Recreation and open space.

(a) The Planning Board shall require the reservation of land for parks, playgrounds, or open space areas to benefit the residents of the proposed development. The reserved land must be of suitable dimension, topography, and general character for the proposed recreational use and must be reasonably accessible to residents of the development. It must be designated on the plan as "reserved for conservation or recreation purposes."

(b) A minimum area of 15% of the total lot area (inclusive of required setback areas) shall be designated, and permanently reserved, as usable common open space. The area may include the required setback areas. Stormwater infrastructure shall not count towards the minimum area, except for low-impact development (LID) systems as identified in the September 21, 2007, report, "LID Guidance Manual for Maine Communities," as amended.

(c) In all developments with more than 10 units, excepting developments within 500 feet of a public park or playground that is directly accessible, the site plan shall designate, within the common open space, a minimum of 250 square feet/each of the first 10 units, plus 50 square feet/unit above 10 units, of contiguous area with constructed amenities for passive use (e.g. outdoor courtyards, seating areas, or family picnic area with amenities such as landscaping, lighting, weather protection and other features that encourage use year-round) or active areas (e.g., children's play areas, play fields, and community gardens).

(5) Landscape/lighting.

(a) Landscaping.

[1] The use of a variety of plant materials that exhibit seasonal color and interesting texture is encouraged to create a distinctive, yet low maintenance environment. Plantings plans should strike a balance between monoculture (the use of a single species) and too much variety, and not include species on the list of invasive plants published by the Maine Department of Agriculture, Conservation and Forestry.

[2] The use of plant materials and landscape elements that require a low degree of maintenance is strongly encouraged. All plantings shall be resistant to insect infestation, drought, disease, roadside salt, and auto emissions, and hardy to Maine winters.

[3] Shrubs and perennials should generally be planted in large masses or drifts, rather than as individual specimens, to provide a pleasing effect for both motorists and pedestrians.

[4] To maintain the character of the landscape, existing healthy trees and shrubs shall be preserved or be transplanted to another area of the site wherever practical. Where it is not possible to maintain existing trees, the reason for removal shall be given in writing.

(b) Parking lot landscaping.

[1] Parking areas with 40 or fewer parking stalls shall landscape a minimum of 10% of the total area. Parking areas with greater than 40 parking stalls shall landscape a minimum of 15% of the total area. Planting islands shall be a minimum of nine inches in width. All parking lot landscaping shall be able to tolerate parking lot growing conditions.

[2] Trees in parking lots may be planted in informal groups, straight rows, or irregular groupings as space permits, or they may be concentrated in certain areas. Trees should be planted a minimum of five feet from the end of parking lot islands.

[3] Where trees abut pedestrian walkways or places where people will be walking in parking lots, their lower branches shall be pruned to at least eight feet above the paved surface to avoid becoming an obstacle. Shrubs used in parking lot islands shall not exceed three feet in height to avoid blocking visibility.

[4] Landscaped areas used for separation between banks of parking stalls shall contain 50% vegetative cover.

[5] Landscaping materials surrounding parking lots and in islands shall be able to tolerate large quantities of snow stored during winter months. Delicate plant material shall not be used in areas where they are likely to be buried under snow.

(c) Lighting.

[1] Light fixtures used in driveways and parking lots shall be in scale with buildings on site. Maximum pole height along driveways shall not exceed 25 feet.
[2] Pedestrian-scaled lighting, less than 16 feet in height, shall be used to illuminate areas used for pedestrian circulation.
[3] All illumination shall be controlled with cutoffs that primarily direct light downward.

(6) Access drive standards. See § 120-814B(6) for detailed information.

See Article 8: Site Plan Review for complete, detailed information.

Net Residential Area or Acreage
A. Nonsubdivision. The net residential area or acreage of a lot shall be calculated by dividing the area of the parcel by the net residential density standard of the appropriate zoning district.

B. Subdivisions. The net residential area or acreage of a lot proposed for subdivision, as defined, shall be calculated by subtracting the items listed below from the gross acreage of a lot and dividing the resulting net residential area of the parcel by the net residential density standard of the appropriate zoning district (see Article 4: Zoning Districts). The following shall be subtracted from the gross acreage of the lot:

(1) Acreage which is used for public or private rights-of-way.
(2) Portions of the parcel containing slopes over 25%.
(3) Portions of the parcel shown to be within the 100-year floodplain and floodway as designated by the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Maps for the Town of Windham, Maine.
(4) Portions of the parcel located in the Resource Protection District.
(5) Portions of the parcel which are unsuitable for development in their natural state due to drainage or subsoil conditions, including but not limited to:

(a) A water table at or near the surface for all or part of the year.
(b) Soils identified as "very poorly drained" by the U.S. Department of Agriculture's (USDA) Soil Survey for Cumberland County, Maine; however, a property owner may conduct a soil survey of appropriate class for the development to refute the classification of the Soil Survey for Cumberland County, Maine. The Code Enforcement Officer shall make a final determination based upon the results of the soil survey and any other applicable information supplied by the property owner.

(6) Portions of the parcel covered by surface water bodies.

(7) Boundaries of areas on the parcel containing significant wildlife habitat, as determined by the applicant in consultation with the Maine Department of Inland Fisheries and Wildlife.

(8) Boundaries of areas on the parcel containing endangered botanical resources, as determined by the applicant in consultation with the Maine Department of Agriculture, Conservation and Forestry.

Noise
(1) The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity on the site shall be limited by the time period and by the abutting land use as listed below. Sound levels shall be measured at least four feet above ground at the closest occupied structure not owned or under the control of the owner or operator of the proposed development or use.

Sound Pressure Level Limits Using the Sound Equivalent Level of One Minute (leq 1) [Measured in dB(a) Scale]

Abutting Use	7:00 a.m. to 10:00 p.m.	10:01 p.m. to 6.59 a.m.
Residential	55	45
Residential located in a commercial or industrial district	65	55
Public, semipublic and institutional	60	55
Vacant or rural	60	55
Commercial	65	55
Industrial	70	60

(2) Noise shall be measured by a meter set on the A-weighted response scale, fast response. The meter shall meet the American National Standards Institute (ANSI S1 4-1961) "American Standards Specification for General Purpose Sound Level Meters."

(3) No person shall engage in construction activities on a site abutting any residential use between the hours of 10:00 p.m. and 6:00 a.m.

(4) These standards shall not apply to the temporary use of such machinery as chain saws, lawn mowers and snowmobiles.

Noise (Mineral Extraction)
Noise levels may not exceed applicable noise limits in § 120-812S.

See Article 6: Mineral Extraction for complete, detailed information.

Nonconforming Provisions

Nonconforming structures.

A. Expansion of a nonconforming structure. A nonconforming structure may be expanded, repaired, maintained or improved subject to the provisions of this article.

(1) The expansion shall be attached to the existing structure.
(2) Nonconforming front, side or rear yard setback. A structure may be expanded within a nonconforming yard area so long as the expansion does not further extend into a nonconforming front, side or rear yard setback.
(3) Nonconforming height limit. Where a structure contains a portion that is nonconforming in its height at the time of the adoption of this chapter, the height of the remaining portion of the building may be increased so long as the expansion does not extend further than the existing height of the structure.
(4) All other setback requirements in the appropriate zoning district shall be met.
(5) An expansion of a nonconforming use within an expanded nonconforming structure must meet the standards of § 120-203: Nonconforming uses.
(6) Expansion with a variance.

(a) An applicant for an expansion that cannot meet the standards of Subsection A(2) or (3), above, must seek a variance form the Board of Appeals.
(b) The Board of Appeals shall use the appropriate variance standards of Article 11: Board of Appeals for the review of applications under this section.

B. Reconstruction or replacement.

(1) A nonconforming structure that is damaged or destroyed by any cause, or is demolished, may be reconstructed or replaced, provided that a building permit is obtained within two years of the date of damage, destruction, or demolition. The replacement or reconstruction of any nonconforming portion of the structure must be located within the original building footprint. The replacement or reconstruction may increase or decrease the number of square feet of floor area, but may not create any additional, or expand any existing, nonconformity, except as allowed by § 120-202A above.
(2) The Code Enforcement Officer shall grant a one-year extension for the reconstruction or replacement of structures that are involved in litigation.

Nonconforming uses.

A. Expansion of a nonconforming use. The structure(s) in which a nonconforming use is located may be cumulatively expanded subject to the provisions of this section.

(1) General provisions. The following provisions shall apply to all nonconforming uses:

(a) The expansion shall not allow for the introduction of new, or increase the number of, nonconforming uses on the property.
(b) The expansion shall not cause a structure to become nonconforming according to the dimensional requirements of the applicable zoning district.
(c) Expansion within an existing nonconforming structure shall meet the requirements of § 120-202: Nonconforming structures.

(2) Nonresidential uses. A nonconforming nonresidential use may be expanded as follows:

(a) By 10% of the size existing at the time of the amendment to the ordinance that made the use nonconforming, with approval from the Code Enforcement Officer.
(b) Between 11% and 100% of the size existing at the time of the amendment to the ordinance that made the use nonconforming, with approval from the Board of Appeals. The Board of Appeals shall use the following standards in granting approval:

[1] That the expanded use shall not reduce the level of service, as defined, on adjacent roadways or intersections.
[2] That the property has adequate sight distance for the location and type of expanded use.
[3] That the amount of parking required to meet the minimum chapter requirements for the expanded use shall be provided.
[4] That the amount of noise, odors, vibrations, smoke, dust and air discharges of the expanded use shall be equal to or less than the present use.
[5] That the amount of surface water runoff from the site shall not be increased.
[6] That an adequate buffer has been provided to screen an expanded commercial or industrial use from any abutting residential use.

(c) The Board of Appeals may impose conditions of approval that are specific to the standards in § 120-203A(2)(b).

(3) Residential uses. A nonconforming residential use may be expanded as long as the building in which it is located meets either:

(a) The dimensional standards of the zoning district in which it is located; or
(b) The nonconforming structures or buildings standards in § 120-202: Nonconforming structures, above.

B. Discontinuance of a nonconforming use. See § 120-203B for details.

C. Change of a nonconforming use. See § 120-203C for details.

Nonconforming lots of record.

A. A use allowed in the zoning district may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership and that all other dimensional standards of this chapter shall be met. In the event that all other dimensional standards cannot be met, the property owner may apply for a variance in accordance with Article 11 of this chapter.

B. If two or more contiguous lots or parcels are in single ownership of record at the time of adoption or amendment of this chapter and if all or part of the lots do not meet the dimensional and area requirements of this chapter, the lands involved shall be considered to be a single parcel for the purpose of this chapter, and no portion of said parcel shall be built upon or sold which does not meet dimensional and area requirements of this chapter, nor shall any division of the parcel be made which creates any dimension or area below the requirements of this chapter. Two contiguous lots in single ownership prior to July 8, 1976, which each have an existing residential structure(s) on them and which do not meet the requirements of this chapter are exempt from this section and may be divided. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.

C. Lots in subdivisions approved by the Windham Planning Board after February 7, 1972, are exempt from the provisions of Subsections A and B, above.

D. Alteration of nonconforming lots. A nonconforming lot, legally existing as of the effective date of this chapter, may be further divided or have its lot lines altered, provided that such action does not increase or extend the degree of, or create any new, nonconformity with regard to any applicable dimensional standard.

Nonconforming mobile home parks. See § 120-205: Nonconforming mobile home parks.
Nonconforming shipping containers. See § 120-206: Nonconforming shipping containers.

Parking and Loading
A. The standards for parking and loading in Article 8: Site Plan Review, shall apply to the uses in all zoning districts.

B. Waivers of the off-street parking and loading standards may only be granted by the Planning Board as part of a site plan or subdivision application. (See Article 8: Site Plan Review, or Article 9: Subdivision Review).

Pedestrian Traffic The site plan shall provide for a system of pedestrianways within the development appropriate to the type and scale of development. This system shall connect the major building entrances/exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system shall be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect with amenities such as parks or open space on or adjacent to the site.

See Article 8: Site Plan Review for complete, detailed information.

Shoreland Relationship
(1) The development shall not adversely affect the water quality or shoreline of any adjacent water body.
(2) The plan shall meet the requirements of Chapter 185: Shoreland Zoning, where applicable.

Solid waste
Solid waste, including stumps, wood waste and land clearing debris generated on the affected land, must be disposed of in accordance with 38 M.R.S.A. Chapter 13, including any rules adopted to implement those laws.

See Article 6: Mineral Extraction for complete, detailed information.

Solid Waste Management
The proposed development shall provide for adequate disposal of solid wastes. All solid waste shall be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.

Storage of Materials
(1) Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse shall have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.

(2) All dumpsters or similar large collection receptacles for trash or other wastes shall be located on level surfaces which are paved or graveled. The dumpster or receptacle shall be screened by fencing or landscaping.

(3) Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition.

Streets
Public streets. All public streets, as defined in Article 3: Definitions, and private roads submitted as part of a subdivision application, constructed on or after October 22, 2009, shall meet the street design standards in Article 9: Subdivision Review. Waivers of the street design standards may only be granted by the Planning Board as part of a site plan or subdivision application.

New or extensions of private roads created off existing private roads or private ways. No new private roads or extensions of existing private roads or private ways will be permitted unless all portions of the private roads or private ways that connect the new or extended private road with the nearest public street are upgraded to the applicable private road standards. New private roads or extensions of existing private roads or private ways will be exempt from this requirement if the cumulative length of the new road or road extension(s) is no greater than the length of the required frontage in the applicable zoning district within a five-year period. Note that the new road or road extension will still need to meet the requirements of the "Sidewalks" section, below.

Sidewalks.

(1) Where required by this chapter, or by the Planning Board as a condition of subdivision or site plan approval, sidewalks shall be constructed in accordance with the standards in Tables 3 and 4 of Appendix B of this chapter.

(2) Accessibility. Sidewalk construction shall meet all applicable Americans with Disabilities Act (ADA) standards.

Traffic
(1) Any excavation activity that generates 100 or more passenger car equivalents at peak hour must comply with the applicable permit requirements under 23 M.R.S.A. § 704-A.

(2) Existing streets expected to carry traffic generated by the development shall have a paved surface and have the capacity or be suitably improved to accommodate the traffic generated by the development.

(3) No new mineral extraction operations shall be permitted to access a private road or private way that provides access to a public street to more than 100 dwelling units.

See Article 6: Mineral Extraction for complete, detailed information.

Utilities
The development shall be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility facilities shall be screened from view to the extent feasible. Utility lines shall be placed underground.

Utilization of the Site
The plan for the development shall reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities shall be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including but not limited to wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers shall be maintained and preserved to the maximum extent. Natural drainage areas shall also be preserved to the maximum extent. The development shall include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

See Article 8: Site Plan Review for complete, detailed information.

Water Quality (Shoreland Zoning)
No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or wetland.

Water Quality Protection and Stormwater Management
Surface water discharges from areas not required to be naturally internally drained may not be increased as a result of water runoff and shall comply with § 120-812E.

See Article 6: Mineral Extraction for complete, detailed information.

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