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Section 1. Purposes
The purposes of this Ordinance are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
Section 2. Authority
This Ordinance has been prepared in accordance with the provisions of Title 38 Sections 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.).
Section 3. Applicability
This Ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream; and to all land areas within non-forested freshwater wetlands, as defined herein. This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.
Section 4. Effective Date and Repeal of Formerly Adopted Ordinance
This Ordinance, which was passed by the Town Council on December 3, 1991 shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, attested and signed by the Town Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this Ordinance within forty-five (45) days of his receipt of the Ordinance, it shall be deemed approved. Upon approval, the shoreland zoning ordinance previously adopted, and as amended from time to time, is repealed retroactively to the date otherwise applicable under the Town Charter; provided, notwithstanding any provisions of Maine law to the contrary, including but not limited to 1 M.R.S.A. Section 302, any application for a shoreland zoning permit submitted
to the Town or any of its officers, boards or employees after November 5, 1991 shall be governed the terms hereof if the ordinance secures such approval by the Commissioner.
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