Town of Eastport, ME - Article 6 - Performance Standards

This ordinance and the accompanying official zoning map shall be known and cited as permitted uses and uses permitted by special exceptions for any and all Districts shall conform to these performance standards, as applicable.

6.1 Accessory Building

6.1.1 Non-shoreland districts, no garage or other accessory building shall be located in the required front yard. When located to the rear of the main building, the accessory building shall be set back at least three feet from the side or rear lot lines.

6.1.2 Shoreland Districts, accessory buildings shall meet the same setback from the high water mark as principal structures. The setback provision shall not apply to structures which require direct access to the water as an operational necessity nor to functionally water-dependent uses.

The following standards shall apply to the practice of agriculture within the City of Eastport. Please consult the definition of "agriculture" in Article 2 of this ordinance.

6.2.1 All spreading or disposal of manure or fish wastes shall be accomplished in accordance with the “Maine Guidelines for Manure and Manure Sludge Disposal on Land published by the University of Maine and Water Conservation Commission in July, 1972, as amended.”

6.2.2 Agricultural activities involving tillage of soil greater than forty thousand square feet in area, or the spreading, disposal or storage of manure within the shoreland shall require a Soil and Water Conservation Plan to be filed with the Planning Board. Non-conformance with the provision of said plan shall be considered to be a violation of this ordinance.

6.2.3 There shall be no new tillage of soil within seventy-five feet, horizontal distance, from the shoreline, nor within twenty-five feet, horizontal distance, of tributary streams or wetlands.

6.2.4 After the effective date of this Ordinance, newly-established livestock grazing areas shall not be permitted within seventy-five feet,horizontal distance, of the shoreline, nor within twenty-five feet, horizontal distance, of tributary streams or wetlands.

6.3 Archaeological Sites

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority shall be submitted by the applicant to Maine Historic Preservation Commission for review and comment, at least twenty days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

6.4 Automobile Graveyards and other Junkyards

6.4.1 No automobile junkyards shall be established, operated, or maintained without first obtaining a non-transferable permit from the Eastport City Council. The permit shall be valid Until January 1 of the following year.

6.4.2 Before granting a permit, the City Council shall hold a public hearing.

6.4.3 No Permit shall be granted for an automobile graveyard within 600 feet of the nearest edge of the right-of-way of any highway. This may be waived if the proposed junkyard site is completely screened from the highway by a natural height of land.

6.4.4 Any automobile graveyard shall be screened by plantings or fences of at least 6 feet in height and acceptable to the City Council. City Council may also stipulate other reasonable requirements

and conditions relating to the siting, operation, and use of an automobile graveyard. These conditions

may be attached to the permit.

6.4.5 Permit fees may be assessed as prescribed by the "MRSA as amended," and shall be

payable in advance together with reasonable costs for publishing and posting the public notice. The

applicant shall also be required to post a bond sufficient in value to cover the City's costs for cleaning

up the site should this become necessary. The bond amount shall be reviewed each year on issuing

a new permit, and may be changed as appropriate.

6.4.6 All other provisions of the "MRSA on automobile graveyards and junkyards Chapter 15, Title 30, as amended," shall be observed.

6.5 Beach Construction

Any construction which extends below the high-water mark requires a permit from appropriate State and/or Federal agencies.

Please consult the definition of "campground" in “Article 2” of this ordinance. Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following.

6.6.1 Campgrounds shall contain a minimum of five thousand square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation and the land below the normal

high-water line of a waterbody shall not be included in calculating and area per site.

6.6.2 The areas intended for placement of a recreational vehicle, tent, or shelter, and utility and service buildings shall be set back a minimum of seventy-five feet from the normal high-water line or the upland edge of a wetland.

6.7 Clearing of Vegetation for Development

Clearing of trees and conversion to other vegetation is permitted for approved construction and landscaping in non-shoreland districts. In shoreland districts, different regulations apply. Except to allow for development of permitted uses, within a strip of land extending seventy-five feet, horizontal distance, from the high-water line, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows.

6.7.1 There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown. However, a foot path not to exceed ten feet in width as

to measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created.

6.7.2 Selective cutting of trees within the buffer strip is permitted provided that a well-distributed stand of trees and other vegetation is maintained. For the purposes of this section a "well distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 8 per 25 square foot area using the following rating system.

Diameter of tree at four and one-half feet above ground level.

2 - 4 inches in diameter 1

4 - 12 inches in diameter 2

greater than 12 inches in diameter 4

6.7.3 Not withstanding the above provisions, no more than forty percent of the total volume of trees four inches or more in diameter, measured at four and one-half feet above ground level may be removed in any ten year period.

6.8 Conversion of Dwellings

6.8.1 The conversion of any building into a dwelling, or the conversion of any dwelling so as to increase the number of dwelling units shall be permitted only if a new building for similar occupancy would be permitted in the particular district, and only when the resulting dwelling unit or units will comply with the parking and side yard requirements for new construction in the particular district and with all provisions

of the shoreland sections of this ordinance, if applicable.

6.8.2 Conversion of any existing structure for use by more than six families or any conversion

which would result in one or more dwelling units containing less than 500 square feet shall be

permitted only on authorization of the Board of Appeals.

6.9 Elevation of Buildings Above Flood Level

All land uses and building construction within the “Designated Flood Zones” shall comply with the requirements of the “Eastport Floodplain Management Ordinance.”

6.10 Erosion and Sedimentation Control

6.10.1 All activities which involve filling, grading, excavation or similar projects which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

6.10.1.1 Mulching and re-vegetation of disturbed soil;

6.10.1.2 Temporary runoff control features such as hay bales, silt fences or diversion ditches;

6.10.1.3 Permanent stabilization structures such as retaining walls or rip rap.

6.10.2 In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

6.10.3 Erosion and sedimentation control measures shall apply to all aspects of the proposed

project involving land disturbances, and shall be in operation during all stages of the activity.

The amount of exposed soil at every phase of construction shall be minimized to reduce the

potential for erosion.

6.10.4 Any exposed ground area shall be temporarily or permanently stabilized within

one week from the time it was last actively worked, by use of rip rap, sod, seed and mulch, or other

effective measures.In all cases permanent stabilization shall occur within nine months of the

initial date of exposure. In addition:

6.10.4.1 Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

6.10.4.2 Anchoring the mulch with pegging, netting and twine or other suitable method may be required to maintain the mulch.

6.10.4.3 Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

6.10.5 Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order

to carry water from a 25 year storm or greater, and shall be stabilized with vegetation or lined with

6.11 Essential Services

Please refer to definition of "essential services" in “Article 2” for further information.

6.11.1 Where feasible, the installation of essential services shall be limited to public ways and existing service corridors.

6.11.2 The installation of essential services is not permitted in the SRP districts except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

Fences, walls, and similar boundary structures for side and back property lines shall not exceed seven feet in height. Fences and walls for front property lines shall not exceed four feet in height. Higher fences may be permitted by approval of the CEO. Fences and walls shall be constructed of materials such as wood, brick, concrete or wire, and shall be designed and constructed so as to present a finished, neat appearance on the street side or to an adjacent property.

6.13 Filling Grading or Other Earth Moving

The following provisions shall apply to filling, grading, lagooning, dredging, excavation, processing and storage of soil, earth, loam, sand, gravel, rock and other mineral deposits. Filling, grading, lagooning, dredging, and other earth-moving activity which would result in sedimentation, erosion, or impairment of water quality or fish and aquatic life is prohibited.

6.13.1 Earth-moving not Requiring an Earth-moving permit. The following earth-moving activities shall be allowed without an earth-moving permit.

6.13.1.1 The removal or filling of material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto;

6.13.1.2 The removal or filling of less than fifty cubic yards of material from or on any lot in any one year (ten cubic yards in shoreland district);

6.13.1.3 The removal, filling, or transfer of material incidental to construction, alteration or repair of a public or private way or essential service.

6.13.2 Earth-moving Requiring an Earth-moving Permit.

6.13.2.1 All other earth-moving, processing and storage shall require an earth moving permit issued by the Code Enforcement Officer.

6.13.3 Application for Permit. Application for a permit for excavation, processing and storage of soil, loam, gravel, rock and other mineral deposits shall be accompanied by a plan which accurately shows

existing and proposed conditions. The CEO may request that the plan be developed by a professional architect or engineer. The plan shall show:

6.13.3.1 The name and current address of the owner of the property involved;

6.13.3.2 The location and boundaries of the lot or lots for which the permit is requested;

6.13.3.3 The existing contours of the land within the property, shown in five foot contour intervals or less (the CEO may request that five foot contours be shown for a 50 foot distance beyond the boundaries of the property if surrounding properties are likely to be impacted);

6.13.3.4 The contours as proposed following completion of the operation, shown in five foot contour intervals or less.

6.13.3.5 The location of all proposed access roads and temporary structures;

6.13.3.6 The proposed provisions for drainage and erosion control;

6.13.3.7 Other information necessary to indicate the physical characteristics of the proposed operation.

6.13.4 Conditions of Permit

6.13.4.1 The performance standards relating to erosion and sedimentation must be followed as part of the permit. The extent and type of fill shall be appropriate to the use intended. The

applicant shall specify the type and amount of fill to be used.

6.13.4.2 With the exception of earth-moving not requiring a permit as specified in

6.11. No below grade excavation except for drainage ways shall be allowed within fifty feet of any lot line or public road.

6.13.4.3 Topsoil or loam shall be restored to a depth of not less than four inches.

6.13.4.4 The CEO may impose other reasonable conditions relating to methods of removal, hours of operation, routes for transporting material, cleaning, and repair of streets used in removal activity, and the like.

6.13.5 Surety and Terms of Permit

6.13.5.1 When issuing a permit for earth moving activities, the CEO may require a bond or other security to ensure compliance with any conditions imposed.

6.13.5.2 A permit shall be valid for a reasonable period of time, but not longer than three years.

6.13.5.3 A permit may be renewed for additional periods.

6.13.6 Existing Operations

6.13.6.1 Discontinuance of any existing operation for a period of more than one year shall require application for a new permit.

6.13.6.2 Continuation of any existing operation for more than three years shall require a permit from the CEO.

6.14 Individual Private Campsites

Please consult the definition of "Individual Private Campsite" in Article 2” of this ordinance. Individual, private campsites not associated with campgrounds are permitted provided the following conditions are met:

6.14.1 One campsite per lot existing on the effective date of this ordinance, or thirty thousand square feet of lot area within the shoreland zone, whichever is less, may be permitted.

6.14.2 Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 75 feet, horizontal distance, from the normal high water line or the upland

6.14.3 Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structures except canopies shall be attached to the recreational vehicle.

6.14.4 The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand square feet.

6.14.5 A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector.

Where disposal is off-site, written authorization from the receiving facility or land owner is required.

6.14.6 When a recreational vehicle, tent, or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

6.15 Mineral Exploration and Extraction

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred square feet of ground surface. A permit form the CEO shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes shall be immediately capped, filled, or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety. Mineral extraction may be permitted under the following conditions:

6.15.1 Except in Districts RR and I, quarrying and sand and gravel pits, are expressly prohibited within the corporate limits of the City of Eastport.

6.15.2 In Districts RR and I, conditions may be imposed which are necessary to minimize the adverse impacts associated with, such mineral extraction's.

6.16 Mobile Home Parks

Mobile home Parks shall comply with the rules and regulations of Title 30-A Section 4358, ss.3.

6.17 Off Street Parking and Loading

6.17.1 Basic Requirements

In any district, no permitted use of a property shall be authorized or extended, and no building or structure shall be constructed or enlarged, unless there is provided off-street automobile parking space within three hundred feet of the principal building, structure, or use of the property. Parking areas shall conform with the following schedule of parking requirements. An area of two hundred square feet appropriate for the parking of an automobile, exclusive of maneuvering space, shall be considered as one off-street parking space. No required parking space shall serve more than one use. No off-street parking facility shall have more than two entrances or exits on the same street, and no entrance or exit shall exceed 33 feet in width. Parking areas with more than two parking spaces shall be arranged so that vehicles can be turned around within such areas and are prevented from backing into the street. For parking areas for more than five vehicles, a plan showing layout, lighting, buffer areas, etc. shall be presented to the Planning Board for review and approval.

6.17.2 Schedule of Minimum Off-Street Parking Requirements

6.17.2.1 Two spaces per dwelling unit.

6.17.2.2 One space for each sleeping room in a tourist home, boarding or lodging house, motel or hotel, plus a minimum of two spaces for the dwelling unit for the owner or manager, except that the number of required parking spaces established by Federal and State Regulations for elderly and family type housing may be accepted with the approval of the Planning Board.

6.17.2.3 One space for each tent or recreational vehicle site in a campground.

6.17.2.4 One space for each six beds for other institutions devoted to the board, care, or treatment of persons, plus one space for each person employed on the largest shift.

6.17.2.5 One space for each one hundred square feet or fraction thereof, of floor area of any retail, wholesale, or service establishment, office, or professional building. The Planning Board may waive this requirement in the Downtown Business District if adequate municipal parking is available.

6.17.2.6 One space for each three seats, permanent or otherwise, for patron use in restaurants and other places serving food or beverages, and for theaters, auditoriums, and other places of amusement or assembly. The Planning Board may waive this requirement in the Downtown Business District if adequate municipal parking is available.

6.17.2.7 One space for each person employed or anticipated to be employed on the largest shift for all types of commercial, industrial, institutional or other permitted uses.

6.17.2.8 Adequate spaces shall be provided to accommodate customers, patrons, and employees at automobile service stations, drive-in establishments, open air retail businesses and amusements and other permitted uses not specifically enumerated. The Board of Appeals shall determine these requirements on a case-by-case basis.

6.17.3 Off-Street Loading

In any district where permitted, commercial or industrial uses shall provide, as necessary, off-street loading facilities located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading, unloading or storage upon any public way. The Planning Board may waive this requirement in the Downtown Business District.

6.17.4 Landscaping Between Non-Residential Parking Areas and

Residential Uses

Required Parking and loading spaces for nonresidential uses where not enclosed within a building, shall be effectively screened from view by a continuous landscaped area not less than eight feet in width containing evergreen shrubs, trees, fences, walls, berms, or combinations thereof, forming a visual barrier not less than six feet in height along exterior lot lines adjoining all residential properties, except that driveways shall be kept open to provide visibility for vehicles entering and leaving.

6.18 Piers, Docks and Other Shoreland Construction

6.18.1 In addition to Federal and State permits which may be required for such

structures and uses, the following conditions shall apply:

6.18.1.1 Temporary structures which remain in the water for less

than seven months in any period of twelve consecutive months require

a permit from the CEO.

6.18.1.2 Permanent structures or those which remain in or over the water

for seven months or more in any period of twelve consecutive months, require a

permit from the Planning Board.

6.18.1.3 Piers and wharves require an on-site public hearing and permission

of the City Council.

6.19 Roads and Driveways

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

6.19.1 Roads and driveways shall be set back at least seventy-five feet from normal high-water line or from the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body or wetland.

6.19.2 On slopes of greater than twenty percent, the road and/or driveway setback shall be increased by ten feet for each five percent increase in slope above twenty percent. This sub-section shall apply neither to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline due to an operational necessity.

6.19.3 Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a waterbody.

6.19.4 New roads and driveways are prohibited in a SRP district except to provide access to permitted uses within the District, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line or from the upland edge of a wetland.

6.19.5 Road banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in the sub-section on Erosion and Sedimentation.

6.19.6 Road grades shall be no greater than ten percent except for short segments of less than two hundred feet.

6.19.7 In order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least fifty feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line, tributary stream, or upland edge of a wetland. Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the run-off and to minimize channelized flow of the drainage through the buffer strip.

6.19.8 Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:

6.19.8.1 Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated the following table:

ROAD GRADE - % SPACING - feet

6.19.8.2 Drainage dips may be used in place of ditch relief culverts only where the road grade is ten percent or less.

6.19.8.3 On road sections having slopes greater than ten percent, ditch relief culverts shall be placed across the road at approximately a thirty degree angle downslope from a line perpendicular to the centerline of the road.

6.19.8.4 Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials. (consult Road Commissioner)

6.19.9 Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.

6.20 Septic Waste Disposal

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.

The following provisions shall apply to signs in all Districts where permitted;

6.21.1 Types and Sizes of Signs

6.21.1.1 Signs relating to goods and services sold on the premises shall be

permitted, provided that such shall not exceed twelve twelve square feet in

area (sixteen square feet in the B1 District) and shall not exceed two signs

per premises. Signs relating to goods or services not sold ot rendered on

the premises shall be prohibited.

6.21.1.2 A sign with information on both sides shall be considered one sign.

6.21.1.3 No sign shall exceed twenty feet in height.

6.21.1.4 Signs may be illuminated only by shielded non-flashing lights.

6.21.1.5 Exterior business signs larger than six square feet and integral with the building, may be permitted by the Board of Appeals for retail and service businesses, but not for home occupations. In certain zones the Board of Appeals may allow more than two signs per premises under exceptional circumstances.

6.21.1.6 Residential uses may display a single sign not over three square feet in area relating to the sale, rental or lease of the premises.

6.21.1.7 Name signs shall be permitted, provided that such signs shall not exceed two signs per premises or exceed two square feet in area.

6.21.1.8 Signs relating to trespassing or hunting shall be permitted without restriction as to number provided that no such sign shall exceed two square feet in area.

6.21.1.9 Banners, pennants or flags with the words "open" “sale" or similar terms may be allowed in addition to permitted signs. These items may be placed two per premises, and size restrictions of fifteen square feet apply.

6.21.1.10 Signs relating to public safety shall be permitted without restriction.

6.21.2 Location and Illumination

6.21.2.1 No sign shall be erected adjacent to any public way in such a manner as to obstruct clear and free vision or where, by reason of its position, shape, color, illumination, or wording the sign may obstruct the view of, or be confused with any authorized traffic sign, signal or device, or otherwise constitute a hazard to pedestrian or vehicular traffic. Advertising devices placed upon public sidewalks shall be located as close to the building as possible, cover not more than twenty-five percent of the width of the sidewalk in question and be displayed only during regular business hours.

6.21.2.2 Flashing, moving or animated signs are prohibited.

6.21.2.3 No sign shall extend or project beyond a street line or other lot line, except that in the B1 District, signs may project a maximum of four feet from a building front.

6.21.2.4 Placement of signs next to highways shall be governed by "Title, 23 MRSA ss 1901-1925 as amended," and exempted from the maximum area requirements of section 6.21.1.1.

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution (whether during or after construction). Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses in the shoreland zone shall require a soils report based on an on-site investigation and prepared by State-certified professionals.

6.23 Storm Water Runoff

The following standards shall apply within the City.

6.23.1 All new construction and development shall be designed to minimize storm water run-off from the site in excess of the natural pre-development conditions. Where possible, existing natural runoff control features, (berms,swales, terraces and wooded areas) shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

6.23.2 Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.

6.24 Swimming Pools

All swimming pools, whether private or public, shall conform to the safety Provisions on enclosures in "Title, 22 1631-1635 MRSA as amended."

6.25 Timber Harvesting

In the shoreland district, selective cutting of no more than forty percent of the total volume of trees four inches or more in diameter measured at four and one-half feet above ground level on any lot in any ten year period is permitted. A waiver of the 40% limitation may be granted by the Planning Board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such exemption is necessary for good forest management. Notification of such waivers must be sent to the DEP. In addition:

6.25.1 Within seventy-five feet, horizontal distance, of the normal high-water line, or the upland edge of a wetland, or of a tributary stream, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation, including existing groundcover shall be maintained.

6.25.2 At distances greater than seventy-five feet, horizontal distance, of the normal high-water line or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten thousand square feet in the forest canopy. Where such openings exceed five thousand feet, they shall be at least one hundred feet apart. Such clearcut openings shall be included in the calculations of total volume removal. For the purposes of these standards, volume may be considered to be equivalent to basal area.

6.25.3 No accumulation of slash shall be left within fifty feet of the normal high-water line. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line shall be removed.

6.26 Vision Clearance

For a distance of twenty feet from the intersection of any two streets, no wall, fence, sign or other structure and no hedges, trees, or other growth shall be permitted which will materially impede vision between a height of two and one-half feet to ten feet above curb level.

6.27 Water Quality Protection

No activity shall deposit on or into the ground or discharge into 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 waterbody.