[Added 5-11-2010 by Ord. No. 23-10]
The purpose of this Article VIB is to facilitate the installation, construction, and maintenance of all types of small wind energy systems, including vertical and horizontal axis tower-mounted systems and vertical and horizontal axis building-mounted systems, subject to restrictions.
As used in this Article VIB, the following terms shall have the meanings indicated:
The contract between the owner of a small wind energy system
and the electrical utility provider that outlines requirements for
metering, billing, and connection to the power grid.
Includes the temporary tower, base plate, anchors, guy wires
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment for anemometers and vanes, data loggers,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location. For the purpose of this Part
1 MET towers shall refer only to those whose purpose are to analyze
the environmental factors needed to assess the potential to install,
construct or erect a small wind energy system.
Any change to the small wind energy system that materially
alters the size, type or location of the small wind energy system.
Like-kind replacements shall not be construed to be a modification.
The difference between the electricity supplied to a customer
over the electric distribution system and the electricity generated
by the customer's small wind energy system that is fed back into the
electric distribution system over a billing period.
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
A wind energy conversion system consisting of a wind generator,
a tower, and associated control or conversion electronics that has
a rated generation capacity up to 100 kilowatts (kW) and will be used
primarily for on-site consumption. A SWES may be partially or totally
off-grid or may be power grid tied to allow for the purchase of electricity
from the local utility or allow excess electricity produced by the
SWES to be used by the utility.
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
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The monopole, guyed monopole or lattice structure that supports
a wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
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The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
kinetic energy of the wind into rotational energy used to generate
electricity.
A.
No MET tower or SWES shall be erected, constructed, or installed
without first receiving approval from the Planning Board.
B.
Application. In addition to the requirements of Part 2 of this chapter, applications submitted to the Planning Board shall contain:
(1)
A site plan with the following information:
(a)
Property lines and physical dimensions of the applicant's property
and abutters' property.
(b)
Location, dimensions, and types of existing major structures
on the property and abutters' property.
(c)
Location of the proposed SWES, foundations, and associated equipment,
along with setback requirements as outlined in this Part 1.
(d)
Tower foundation blueprints or drawings. The applicant shall
submit structural drawings of the tower foundation and anchoring system
that have been prepared as follows:
(e)
Tower blueprints or drawings.
(f)
The location of any right(s)-of-way for a public or private
road that is contiguous with the property.
(g)
The location of any utility easements.
(2)
The following exhibits:
(a)
SWES specifications, including manufacturer, model, rotor diameter,
tower height, system height, tower type, nameplate generation capacity.
The applicant shall also submit the estimated generation capacity
based on average annual wind speed at the site based on MET tower
data or as estimated using data from the U.S. Department of Energy
or another industry-accepted source.
(b)
A SWES that will be connected to the power grid shall include
a signed copy of a customer net energy billing agreement between the
applicant and the electric utility provider.
(c)
Sound level analysis prepared by the wind generator manufacturer
or qualified sound engineer.
(d)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code.
(e)
If the proposed SWES is to be installed on a structure, it must
meet the manufacturer's installation guidelines, and evidence of such
compliance must be submitted by the applicant.
(f)
Evidence of compliance with or nonapplicability of Federal Aviation
Administration requirements.
C.
Public notification.
(1)
For MET towers and SWES with a rated generation capacity up
to 20 kw, the Planning Department shall notify all property owners
of abutting properties by certified mail, return receipt requested,
upon determining the application complete.
(2)
For SWES with a rated generation capacity between 20 kw and
100 kw, the Planning Department shall notify all property owners within
500 feet from the proposed location of the tower by certified mail,
return receipt requested, upon determining the application is complete.
(3)
Failure of any property owner to receive the notice sent under
this section does not invalidate any action taken by the Planning
Board or Code Enforcement Officer.
A.
MET towers.
(1)
No person or entity shall construct a MET tower without first
receiving a building permit issued by the Code Enforcement Officer.
(2)
Notwithstanding any other provision of this article to the contrary,
MET tower height shall not exceed 120 feet.
(3)
Notwithstanding any other provision of this article to the contrary,
MET towers are only allowed for up to one year from the date of issuance
of the building permit. Failure to remove MET towers upon expiration
of the one-year period shall result in enforcement action.
B.
SWES. The Planning Board shall evaluate the SWES application for
compliance with the following standards:
(1)
Setbacks: Notwithstanding any other provision of this article
to the contrary, the setback shall be 1.1 times (110%) the system
height, measured from the center of the tower base to all property
lines, any public or private rights-of-way, parking areas for nonresidential
uses, any utility easements, and any other SWES.
(a)
SWESs must meet all setbacks for principal structures for the
zoning district in which the system is located.
(b)
In the shoreland zone, tower setbacks are measured from the
one-hundred-foot setback line from the protected resource.
(c)
Guy wires used to support the tower may be exempted from the SWES setback requirements only as provided in § 181-49.24B.
(d)
Abutting property owners may grant easements to allow SWESs closer than the setback of 110% as provided in § 181-49.24B.
(2)
Tower: The purpose of setting a maximum tower height is to protect
abutting property owners and minimize visual impacts, while still
allowing SWES owners to reach heights that allow efficient operation
of the system.
(a)
Notwithstanding any other provision of this article to the contrary,
tower height shall not exceed 120 feet.
(b)
Only monopole-style towers will be allowed except as provided in § 181-49.24A.
(3)
Sound level: Small wind turbine sound levels shall comply with the standards in Chapter 206 of the Standish Town Code.
(4)
Signs: All signs, including flags, streamers and decorative
items, both temporary and permanent, are prohibited on the SWES, except
for manufacturer identification or appropriate warning signs.
(6)
Aviation: The SWES shall be built to comply with all applicable
Federal Aviation Administration regulations, including, but not limited
to, 14 CFR Part 77, Subpart B, as may be amended from time to time,
regarding installations close to airports.
(7)
Visual impacts: It is inherent that a SWES may pose some visual
impacts due to the system height needed to access wind resources.
The purpose of this subsection is to reduce the visual impacts, without
restricting the owner's access to the optimal wind resources on the
property.
(a)
All electrical conduits shall be underground.
(b)
The color of the SWES shall either be the stock color from the
manufacturer or painted with a nonreflective, unobtrusive color. Approved
colors are white, off-white or gray.
(c)
A SWES shall not be artificially lit unless such lighting is
required by the Federal Aviation Administration (FAA). If lighting
is required, the applicant shall provide a copy of the FAA determination
to establish the required markings and/or lights for the SWES.
(8)
Approved wind generators: The manufacturer and model of the
wind generator to be used in the proposed SWES must have been approved
by the California Energy Commission or the New York State Energy Research
and Development Authority or a similar list approved by the State
of Maine, if available.
(9)
Utility connection: If the proposed SWES is to be connected
to the power grid through net metering, it shall adhere to Maine Public
Utilities Commission Rules, including Chapter 313, as may be amended
from time to time.
(10)
Access: The tower shall be designed and installed so as not
to provide step bolts or a ladder readily accessible to the public
for a minimum height of 15 feet above the ground. Lattice or guyed
towers shall have no climbable features within 15 feet of the ground.
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
(11)
Moving parts: A tower-mounted SWES shall not have moving parts,
including blades, within 25 feet of the ground. A building-mounted
SWES shall not have moving parts, including blades, within 15 feet
of the ground.
(12)
Clearing: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the SWES and as otherwise prescribed by applicable laws, regulations, and ordinances, including the Town's Shoreland Zoning Ordinance (Chapter 237 of the Standish Town Code).
(13)
Rotor controls: The conformance of rotor and over-speed control
design and fabrication with good engineering practices shall be certified
by the manufacturer.
(14)
Multiple towers: Multiple towers will be permitted on a single
parcel of land, provided that setback standards can be met and the
total rated capacity of the turbines does not exceed 100 kW.
Applicants may request waivers from the following performance
standards:
A.
Tower style: The Planning Board may approve, without the need for
a variance, tower styles other than monopole towers if the applicant
can demonstrate that a monopole tower is not best suited for their
location based on a consideration of existing site development and
existing natural features on the site.
B.
Setbacks: The Planning Board may approve, without the need for a
variance, SWESs closer to property lines than 110% of the total system
height, provided that the applicant acquires an access easement on
abutting property or properties that includes the land area of 110%
of the system height. The Planning Board may approve, without the
need for a variance, guy wires used to support the tower within the
required setback area only if the applicant can demonstrate that there
is no reasonable alternative location for the guy wires on site but
outside of the required setback area.
A.
Upon abandonment or discontinuation of SWES use, the owner shall
physically remove the SWES within 90 days from the date of abandonment
or discontinuation of use. This period may be extended at the request
of the owner and at the discretion of the Code Enforcement Officer.
"Physically remove" shall include, but not be limited to:
B.
Owners of SWESs must submit proof to the Town on an annual basis
that the system is operational.
(1)
For SWESs that are connected to the power grid, owners must
submit a single monthly statement from the electrical utility provider
to the Code Enforcement Officer once a year on the anniversary date
of Planning Board approval to prove that the system is operational.
(2)
For SWESs that are not connected to the power grid, owners must
submit evidence satisfactory to the Code Enforcement Officer that
the system is operational.
C.
In the event that an applicant fails to comply with Subsection B, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of lack of operation, the Code Enforcement Officer may issue a preliminary notice of abandonment to the owner of the SWES. The owner shall have the right to respond to the preliminary notice of abandonment within 30 days from date of receipt of the notice. After review of the information provided by the owner, the Code Enforcement Officer shall finally determine if the SWES has been abandoned and so notify the owner. If it is determined that the SWES has not been abandoned, the Code Enforcement Officer shall withdraw the preliminary notice of abandonment and notify the owner of the withdrawal.
D.
A Code Enforcement Officer's final determination of abandonment may
be appealed to the Board of Appeals as an administrative appeal.
E.
If the owner fails to respond to the preliminary notice of abandonment
or if, after review by the Code Enforcement Officer, it is finally
determined that the SWES has been abandoned or discontinued, the owner
of the SWES shall remove the wind generator and tower at the owner's
sole expense within three months of receipt of the preliminary notice
of abandonment if there was no response to the same or within three
months of the date of the final determination of the Code Enforcement
Officer if there was a response to the preliminary notice of abandonment.
If the owner fails to physically remove the SWES after the notice
of abandonment procedure, the Town may pursue legal action to have
the SWES removed at the owner's expense.
It is unlawful for any person to construct, install, or operate
a MET tower or SWES that is not in compliance with this article. SWESs
installed prior to the adoption of this article are exempt from the
requirements of this article except when modifications are proposed
to the SWES.
