Section 096-375-14 - No Unreasonable Effect on Scenic CharacterA.Preamble. The Department considers scenic character to be one of Maine's most important assets. The Department also feels that visual surroundings strongly influence people's behavior.B.Scope of Review. In determining whether the proposed development will have an unreasonable adverse effect on the scenic character of the surrounding area, the Department shall consider all relevant evidence to that effect, such as evidence that: (1) The design of the proposed development takes into account the scenic character of the surrounding area.(2) A development which is not in keeping with the surrounding scenic character will be located, designed and landscaped to minimize its visual impact to the fullest extent possible.(3) Structures will be designed and landscaped to minimize their visual impact on the surrounding area. NOTE: The following are GUIDELINES for the landscaping of parking lots, which are structures pursuant to 38 M.R.S.A. Section482(6) (B).
(a) Lighting will be shielded from adjacent highways and residential areas.(b) Curbed planting strips will be utilized in parking areas of 2 acres or more. Planting strips will be a minimum of ten (10) feet wide and spaced between every second double bay parking aisle or 200 feet, whichever is less.(c) When the parking lots are adjacent to a residential use, landscaping and/or architectural screens will be utilized to provide an effective perimeter separation area between property lines and the edge of the pavement and/or structures. There will be a minimum setback of fifteen (15) feet from the property line. The Department may require a similar provision when the parking lot is adjacent to other land uses.(d) Planting and maintenance program specifications will be developed to provide the earliest establishment of landscape materials and their maintenance.(e)Planting specifications(i) Shrubs will be planted with a 24" minimum size for those specified by spread.(ii) Shrubs will be planted with a 36" minimum size for those specified by height.(iii) Shade trees will be highcrowned species with ascending or lateral branching habit indigenous to the area, tolerant to existing soils and urbanized conditions, two-inch minimum caliper measured six inches up from the base, and planted a maximum of 30' on center.(iv) Flowering and evergreen trees will be a minimum of 7' tall and planted a maximum of 20' on center.(v) Selections for ground cover will reflect the project's function, expected foot traffic, exposure, and maintenance program.(f) Provisions will be made to supply water to planted islands and other vegetated areas.(4) The plans for the proposed development provide for the preservation of existing elements of the development site which contribute to the maintenance of scenic character.C.Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on the scenic character of the surrounding area, including information such as the following, when appropriate: (1) Sketches of the proposed development indicating how the development fits into the scenic character of the area.(2) Landscaping plans for minimizing the visual impact of the parking lots, mining operations and other types of developments. D.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the proposed development will have no unreasonable adverse effect on scenic character, such as requiring that: (1) Illumination of the development be limited.(2) Vegetative or architectural screens be established.06- 096 C.M.R. ch. 375, § 14