zoning ordinance - Town of Cumberland

.2 An applicant may specifically apply as a part of his application forthe excavation and removal of lands to the Board of Adjustment andAppeals for waiver of the requirement of the 200 foot buffer stripwhen the protective barrier serves only to separate two existinggravel pits. The Board of Adjustment and Appeals may only grant awaiver from this requirement of the Ordinance if (1) the protectivebuffer zones exist only between two existing gravel pits, (2) theowner of the respective properties mutually and voluntarily consentto the removal of the buffer zone, and (3) the Board of Adjustmentand Appeals find that it shall not have a detrimental effect uponadjoining properties..3 Specific plans shall be established to avoid hazards from excessiveslopes and/or standing water. In no case may soils be removed orexcavated to closer than within five (5) feet of the seasonal highwater table as may be determined by a competent authority. Wherean embankment must be left upon the completion of operations, itshall be at a slope of not steeper than one (1) foot vertical to three (3)feet horizontal, except that where the required buffer area has beenreduced to 100 feet the slope of the edge of the excavation area shallnot exceed one (1) foot vertical to four (4) feet horizontal..4 No standing water shall be allowed to remain longer than twoconsecutive calendar weeks unless specifically provided for by theBoard of Adjustment and Appeals..5 In the case of any excavation to a depth of more than 20 feet belowthe surface there shall be constructed a substantial fence withsuitable gates completely enclosing the property or area in which theexcavation is located. No portion of such fence shall be locatedcloser than forty feet to the edge of such excavation. However, thiscondition shall not apply in the case of an excavation or removal oflands adding a slope of one foot vertical to greater than 3 feethorizontal..6 No excavation shall be extended below the grade of adjacent streetsunless a 200-foot buffer strip shall be provided from the edge of theright-of-way except in cases where a specific condition has beenmade with the consent of the Board of Adjustment and Appeals andother involved parties such as the Cumberland Public WorksDepartment, Maine State Department of Transportation and otherproperty owners for the reconstruction of the right-of-way and streetat a different level.Zoning Ordinance 119 Town of Cumberland