Small Wind Energy Systems Ordinance

For the Town of Whiting, Maine

 

Section 1. Purpose

 

The purpose of this Ordinance is to regulate the placement, construction, and modification of small, fixed wind energy systems while allowing the safe, effective, and efficient use of this technology.

 

Section 2.  Authority

 

This ordinance is adopted pursuant to the “home rule” provisions of the Maine State Constitution, Article VIII, Part Second, and 30A MRSA #111 and 141.

 

Section 3.  Applicability

 

This Ordinance applies to the construction of small wind energy systems in all areas of Whiting, including those governed by the Shoreland Zoning Ordinance.

 

Section 4. Effective Date

 

This Ordinance shall take effect upon approval by majority vote of the Town meeting.

 

Section 5. Validity and Severability

 

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this Ordinance.

 

Section 6.  Conflict With Other Ordinances

 

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or any other Ordinance, regulation, or statute, the more restrictive provision shall apply.

 

Section 7.  Amendments

 

This Ordinance may be amended by a majority vote of the Town Meeting.

 

Section 8.  General Requirements for Small Wind Energy Systems

 

The following general requirements shall apply to all small wind energy systems:

 

       a.  Each minimum size build able lot shall be limited to one small wind energy system.

 

       b.  Small wind energy system towers shall not exceed a maximum system height of 100 ft. This is an allowed

        exception to the structure height limitations set forth in the Building Permit and Shoreland Zoning ordinances.

 

       c. Wind turbines and their support structures, if painted, shall be painted a non-reflective, non-obtrusive color.

 

       d. Small wind energy system towers shall not be lighted unless required by the Federal Aviation

        Administration (FAA) or other public authority.

 

       e. Wind turbines shall not be used to display any advertising except for reasonable identification of the

        manufacturer.

 

 

       f. Prior to commencing any construction, the applicant must obtain a Building Permit in accordance with the

        Building Permit or Shoreland Zoning ordinances.

 

Section 9.  Setback Requirements

 

The following setback and separation requirements shall apply to all small wind energy systems:

 

       a.  Property Lines: Each small wind energy system shall be set back a distance equal to one hundred and ten

        percent of its total height from adjoining property lines.

 

       b.  Structures on an abutter’s property: Each small wind energy system shall be set back a distance equal to one

        hundred and fifty percent of its total height from any structure on adjoining properties.

 

       c.  Roads:  Each small wind energy system shall be set back from the nearest public or private road a distance of

        no less than one hundred ten percent of its total height, as determined from the nearest boundary of the

        underlying right of way for such road.

 

       d.  Communication and electrical lines: Each small wind energy system shall be set back from the nearest above-

       ground public electric power line or telephone line a distance of no less than one hundred and ten percent its total

       height, as determined from the existing power line or telephone line.

 

Section 10.  Noise Limitation Requirements

 

All small wind energy systems shall meet the following requirements:

 

       a.  An automatic braking, governing, or feathering system shall be required to prevent uncontrolled rotation.

 

       b.  Prior to approval, the applicant shall provide documentation from the manufacturer that the wind energy

       system will not produce noise levels in excess of the following standards, as measured at any residence, business,

       school, church, or public library.

 

                                 Ambient reading without                        Maximum permitted reading

                                            wind tower                                              with wind tower

                                                   45 dBA                                                        55 dBA

                                                   50dBA                                                         56 dBA

                                                   55dBA                                                         61 dBA

                                                   60dBA                                                         62 dBA

                                                   65dBA                                                         66 dBA

 

       c.  After approval but prior to installation of the small wind energy system, the owner shall have sound level

        measurements taken at the closest residence, business, school, church, or public library to determine ambient

       decibels levels. After installation of the small wind energy system, the owner shall have sound level

        measurements taken at the closest residence, business, school, church or public library to determine operating

       decibel levels. Noise limit requirements shall be waived if the closest residence, business, school, church, or

       public library is more than 500 feet away. Copies of all readings taken shall be provided to the Code

       Enforcement Officer to append to the original building permit application.

 

       d.  Upon complaint of an abutter, ambient and maximum permitted decibel measurements shall be performed by

        an agent designated by the Code Enforcement Officer. The report shall be submitted to the Code Enforcement

       Officer for review. The fee for this service shall be paid by the complainant unless the maximum permitted

        decibel level has been exceeded, in which case the owner of the system shall pay the fee.

 

       e.  If the maximum decibel readings are exceeded, the installation shall be considered a nuisance.

 

 

       f.  The nuisance violation must be corrected within 90 days from notification of the violation.  If the violation

        cannot be corrected, the small wind energy system shall be removed or relocated.

 

Section 11.  Minimum Ground Clearance

 

The blade tip of any wind turbine shall have a ground clearance at its lowest point of no less than twenty feet.

 

Section 12.  Signal Interference

 

The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by any small energy system.

 

Section 13.  Safety

 

The following safety requirements shall be adhered to:

 

       a.  All wiring between the wind turbine and the residence/facility served shall be underground.

 

       b.  Wind turbine towers shall not be climbable up to fifteen feet above ground level.

 

       c.  All access doors to wind turbine towers and electrical equipment shall be locked.

 

       d.  Appropriate warning signage shall be placed on wind turbine towers, electrical equipment and wind energy

        facility entrances.

 

Section 14.  Permitting Requirements

 

In addition to the application and supporting documentation required by the Building Permit or Shoreland

Zoning ordinances, the applicant for a small wind energy system shall provide the following information to the Whiting Planning Board.

 

       a.  Structural drawings of the wind tower, base pad, footings, and guy wires prepared by the manufacturer or a

        professional engineer.

 

       b.  Drawings and specifications of the generator, hub, and blade prepared by the manufacturer or a professional

        engineer.

 

       c.  Photograghs of the proposed site and the specific small wind energy system to be installed.

 

Section 15.  Fees:

 

An application fee shall accompany each application and a permit fee shall be paid before a permit is issued. The fee schedule shall be set by the Planning Board, subject to the approval of the Board of Selectmen. All fees collected will be used to pay the Planning and Appeals Boards’ expenses.

 

Section 16.  Definitions

 

This Ordinance shall be enforced by the Code Enforcement Officer. The Selectmen may take actions necessary to restrain, correct, remove, or punish violations of this Ordinance in accordance with 30A MRSA #4452.

 

Section 17.  Definitions

 

As used in this Ordinance, the following terms shall have the meanings indicated:

 

       a.  Hub Height:  The distance measured from ground level to the center of the turbine hub.

 

       b.  Small Wind Energy System:  A wind energy conversion system consisting of a tower, wind turbine, and

        associated control conversion electronics which will be used primarily to produce electrical power.

 

       c.  System Height:  The hub height plus the length of the blade extended to its highest point.

 

       d.  Tower:  The structure on which the wind energy system is mounted.

 

       e.  Tower Height:  The height above grade of the fixed portion of a tower, excluding the wind turbine.

 

       f.  Wind Turbine:  The parts of the wind system including the blades, generator, and tail.

 

      

 

 

Enacted: Annual Town Meeting, September 29, 2008

 

 

 

 

 

/s/ Steven C. Pressley I, Selectman

/s/ Mary Alice Look, Selectman

/s/ Janice Bronson, Selectman

 

 

/s/ Caron Kilton, Town Clerk