Town of Winslow, ME General Performance Standards

Signs over show windows or doors of a business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed 20 square feet.

Real estate signs not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporally located.

Name, occupation and warning signs not to exceed four square feet located on the premises.

Official signs such as traffic control, parking restrictions, information, and notices.

Nonlighted temporary signs or banners when authorized by the Code. Enforcement Officer for a period of no more than 30 days and not to exceed eight square feet in area.

Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

Business directional signs, as defined and restricted pursuant to Title 23 M.R.S.A. §§ 1906 through 1912, as amended, provided that any such sign is located at least 200 feet from any public park or entrance to any public park.

Signs are permitted in the Mixed Use, Rural Conservation and Industrial Districts, subject to the following restrictions:

[Amended 1-14-2019 by Ord. No. 9-2018]

A wall sign placed against the exterior walls of building shall not extend more than six inches outside of a building's wall surface; shall not exceed 10% of the wall area on which it is mounted; and the total square footage of all wall signs for a premises shall not exceed 500 square feet.

A projecting sign fastened to, suspended from, or supported by structures shall not:

Exceed 100 square feet in area for any one premises;

Extend more than six feet into any required yard;

Extend more than three feet into any public right-of-way;

Be less than 10 feet from all side lot lines;

Exceed a height of 20 feet above the mean center-line street grade;

Be less than 10 feet above the sidewalk nor 15 feet above a driveway or an alley.

A ground sign shall not exceed 20 feet in height, above the mean center-line street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on one side nor 200 square feet on all sides for any one premises.

A roof sign shall not exceed 10 feet in height above the roof, shall meet all the yard and height requirements for the district in which it is located, and shall not exceed 300 square feet on all sides for any one premises.

A window sign shall be placed only on the inside of commercial buildings and shall not exceed 25% of the glass area of the pane upon which the sign is displayed.

A combination of any of the above signs shall meet all the requirements for the individual sign.

A portable sign shall not be more than 50 square feet on one side and shall be set back from the right-of-way a distance of at least 10 feet. Only one sign shall be allowed per property and no permit shall be issued for a period of more than 30 days during any one six-month period.

Changeable message boards. Freestanding signs may include message boards where letters, words, and messages such as "no vacancy" may be removed and replaced, providing that they are permanently mounted within a fixed base. Changeable signs may also be affixed to a building. Electronic changeable message signs, including time-and-temperature signs, are signs "which may be changed at reasonable intervals by electronic process or remote control," and do not "include any flashing, intermittent or moving light or lights." (23 U.S.C. § 131), and in accordance with 23 M.R.S.A. § 1914(11-A), are permitted, provided that each message remains fixed on the display surface for a minimum of 1.5 seconds. For the purposes of this section, signs whose messages change by mechanical or electronic means are not prohibited as long as the intermittent lighting is used to change messages and not solely to attract attention. A "flashing" sign will continue to be prohibited except as described below. The regulatory factors in the display of an electronic changeable message signs are: duration of the message display, message transition, and frame effects. The changes of messages must be accomplished immediately. Messages may be changed only by a complete substitution of the display with transitions such as fade, scroll, sweep or dissolve to name a few not allowed. Static messages only (text and images) are permitted with a two second minimum hold rate between changes with no movement or any illusion of movement. Electronic changeable signs are not permitted in residential zones. No electronic display is permitted to view primarily onto a controlled access highway.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Temporary signs for noncommercial public or private special events. Signs for noncommercial public or private special events may not be erected earlier than 30 days prior to the commencement of the event and must be removed within 24 hours of the closure of the event. Temporary noncommercial special event signs may be no larger than 32 square feet in the aggregate. Signs allowed by this subsection may be erected off premises, with permission of the off-premises property owner. A building permit is not required but a temporary sign permit is required by the Code Enforcement Officer. No fees apply.

[Added 6-8-2020 by Ord. No. 1-2020]

No sign, except those permitted in Subsection B, shall be permitted to face a residential district within 100 feet of such district boundary.

A sign shall not resemble, imitate, or approximate, the shape, size, form, or color of railroad or traffic signs, signals or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

A sign lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size, or location does not conform with the provisions of this section. However, it shall be deemed a nonconforming structure.

§ 300-64 Home occupations and minor home occupations.

Home occupations are business or commercial activities that are conducted in a dwelling unit or accessory structure by one or more family members residing in the home. The specific occupation must be compatible with the residential character of both the dwelling and neighborhood. The home occupation use is designed for low-impact home business activities that can coexist with residential neighborhoods without creating noise, odors, excessive traffic or detract from the comfort and expectations of homeowners. A home occupation may be any occupation or profession which can be carried on within the home and meet the requirements of this section.

The use of a dwelling unit or property for a home occupation shall be clearly incidental to and compatible with the residential use of the property and surrounding residential uses.

The home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it. The outside storage and processing of materials or products shall be prohibited.

A home occupation shall employ no more than two persons other than family members residing in the home.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A home occupation shall not alter the residential character of the structure, neighborhood, or change the character of the lot from its principal use as a residence.

One nonilluminated sign, no larger than four square feet may be erected on the premises.

The sale of products shall be limited to normal business hours and to those items which are crafted, assembled, or substantially altered on the premises, to catalog items ordered off the premises by customers, and to items which are accessory and incidental to a service which is provided on the premises.

All necessary parking shall be provided off the street and no parking shall be allowed in the street yard.

A home occupation shall not create greater traffic than normal for the area in which it is located or generate more than 20 vehicle trips per day.

The following uses are prohibited as home occupations: veterinary services; kennels; auto service and repair; and truck and heavy equipment repair, sales, and service.

Minor home occupations are certain uses that due to their nature and scope have a low impact on the residential nature of a dwelling and neighborhood. Such home occupations include, but not limited to: artist, authors, home crafts for off-site sales, word processing, and tutoring. The following standards shall be met in order to be classified as a minor home occupation:

Only family members residing in the dwelling are employed in the home occupation.

All the standards for a home occupation listed above are met.

No sign is used at the premises.

The home occupation does not include the on-site, retail sale of goods.

No traffic is generated which is not otherwise normal for a residence and the occupation does not require that customers or clients travel to the dwelling.

No deliveries are made to the premises other than package carrier services.

§ 300-65 Private swimming pools and pool fences.

[Amended 8-14-2017 by Ord. No. 8-2017]

Private swimming pools.

Swimming pool means an outdoor-receptacle or other container, whether in or above ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more.

In-ground and aboveground pools shall meet a five-foot side yard and rear yard setback and a twenty-five-foot street yard setback. Setbacks are measured from the water's edge to the property line.

Pool accessories (such as ladders, slides and decks) shall meet a five-foot side yard and rear yard setback and a twenty-five-foot street yard setback.

Enclosed pools and their structures shall meet all required yard and setback requirements for all accessory and principal structures and uses for the zoning district in which they are located.

Pool fences.

A fence shall be erected and maintained around every swimming pool, except that aboveground pools with sidewalls of at least 24 inches in height are exempted. A dwelling or accessory building may be used as part of the enclosure. All gates and doors opening through this enclosure shall be capable of being securely fastened at all times when not in actual use.

Pools shall be enclosed by a fence of at least four feet in height, capable of preventing children from gaining access and minimizing noise and otherwise meeting all other requirements of a fence as defined in Title 22, M.R.S.A. § 1631(1), as amended.

[Amended 7-8-2019 by Ord. No. 8-2019]

§ 300-66 Reuse of agricultural structures.

Purpose. Some of the existing agricultural structures such as barns, dairy barns, chicken barns and similar structures, located throughout the rural portions of the Town are vacant or not used for their original design due to changes in the agricultural market. A nonagricultural use for many of these structures is difficult due to their size and location outside of the Town's designated Mixed Use and Industrial Districts. These structures may be converted to low intensity light manufacturing and warehousing according to performance standards designed to protect rural character and allow some creative reuse of the structures for certain commercial activities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Applicability. This section shall apply to the reuse of agricultural structures for light manufacturing and warehousing. Agricultural structures removed or destroyed by natural causes such as fire, wind, snow etc. are not eligible. An agricultural structure is eligible if it has not been used for agricultural purposes for a period of at least five years prior to its initial application for reuse according to this section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Standards.

The proposed use shall not create more than 100 vehicle trips per day.

The permanent outside storage of goods, equipment and materials is prohibited.

The existing agricultural structure shall not be expanded in area or volume. The construction of new buildings or the conversion of nonagricultural structures is not allowed. Any expansion is limited to the construction of parking areas, driveway access and landscaping.

The outside processing, assembly, fabrication or other manufacturing activities are prohibited.

§ 300-67 Personal wireless services facilities (PWSF).

[Amended 5-11-2009 by Ord. No. 3-2009]

Purpose. These standards are designed and intended to balance the interests of the residents of the Town of Winslow, wireless communications providers and wireless communication customers in the siting of wireless communications facilities within the Town. Beyond the objectives described in other provisions of this chapter, these personal wireless services facilities (PWSF) standards are also intended to:

Implement a municipal policy concerning the provisions of wireless telecommunications services, and the siting of their facilities;

Establish clear guidelines, standards and time frames for the Town to regulate wireless communications facilities;

Ensure that all entities providing PWSF within the Town comply with the ordinances of Winslow;

Permit the Town of Winslow to fairly and responsibly protect public health, safety and welfare;

Encourage the siting of PWSF to co-locate, thus minimizing adverse visual impacts on the community;

Support the goals and policies of the Comprehensive Plan, especially the orderly development of the Town with minimal impacts on existing residential uses;

Protect Winslow's environmental resources and rural character as consistent with the goals and objectives outlined by the Winslow Comprehensive Plan;

Provide for the removal of towers and associated structures that are no longer being used for wireless communications purposes;

Minimize any potential adverse effect of PWSF on property values; and

Protect the scenic and visual character of Winslow.

Dimensional standards.

Height outside a PWSF Overlay Zone. The vertical distance between the highest point of a PWSF (ground-mounted or building-mounted) and the mean natural grade at the base of the structure or building shall not exceed 100 feet, provided, however,

If antennas are located on an existing utility structure, including water tower, electrical transmission tower, or utility pole, the vertical height of the existing structure may not be increased by more than 10 feet;

The highest point of a building-mounted PWSF on an existing building may not be 10 feet higher than the existing building unless the PWSF is completely camouflaged as provided in Subsection C(1) and (2);

The highest point of ground-mounted PWSF shall not exceed 10 feet above the average tree canopy height of the trees located within an area defined by a one-hundred-fifty-foot radius or perimeter of the mount, security barrier, or designated clear area for access to equipment, whichever is greatest. Refer to Subsection C(20), Average tree canopy height. In High-Density Residential Zone and Mixed Use zone when there are buildings within 300 feet of the mount the highest point of ground-mounted PWSF shall not exceed 10 feet above the average building height within 300 feet of the mount.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Height, PWSF Overlay Zone. Where the Town establishes a PWSF Overlay District (when designated on the Town Zoning Map), PWSFs of up to 150 feet in height may be permitted by conditional use permit. Such structures must be monopoles and shall comply with all setback requirements set forth in this chapter.

Reconstruction of nonconforming PWSF. A nonconforming ground-mounted PWSF, removed or destroyed for any reason, may be reconstructed subject to site plan review on the same site, provided that it complies with the height restrictions of this subsection.

Setbacks. All PWSFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. Fences shall comply with the setback provisions of the zoning district in which the facility is located.

Fall zone for ground mounts. In order to ensure public safety, the minimum distance from the base of any ground-mounted PWSF to any property line, public road, habitable dwelling, business or institutional use, or public recreational area shall be, at a minimum, the distance equal to the fall zone, as defined in Subsection F. The fall zone may cross property lines, so long as the applicant secures a fall zone easement from the affected property owner(s). The area of the easement shall be shown on all applicable plans submitted to the Town, and the terms of the easement shall be provided as part of the site plan review. Fall zones for PWSFs may overlap.

Fall zone for mounts. In the event that an existing structure is proposed as a mount for a PWSF, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of pre-existing nonconforming structures, PWSFs and their equipment shelters shall not increase any nonconformities.

Performance and design standards.

Visibility. The applicant is encouraged to utilize enhancements to the property and must demonstrate that every reasonable effort has been made to cause the facility to have the least possible visual impact on the Town.

Visual impacts are measured on the basis of:

Change in community scale, as exhibited in relative height, mass or proportion of the PWSF within their proposed surroundings.

New visible elements proposed on a contrasting background.

Different colors and textures proposed against a contrasting background.

Use of materials that are foreign to the existing environment.

Enhancements are measured on the basis of:

Conservation of opportunities to maintain community scale, e.g., buffering areas and low-lying building should not be compromised so as to start a trend away from the existing community scale.

Amount and type of landscaping and/or natural vegetation.

Preservation of view corridors, vistas, and viewsheds.

Continuation of existing colors, textures, and materials.

Visibility focuses on:

Eliminating or mitigating visual impact.

Protecting, continuing, and enhancing the existing environment.

Camouflage for facilities on roof of existing buildings. When a PWSF extends above the roof height of a building on which it is mounted, every effort shall be made to conceal or camouflage the facility within or behind existing or new architectural features to limit its visibility. Facilities mounted on a roof of a building shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

Camouflage for facilities on side of existing buildings. PWSF mounted on a side of a building, shall blend with the existing building's architecture and the panels shall be painted or shielded with material consistent with the design features and materials of the building. All surfaces shall be nonreflective.

Camouflage for ground-mounted facilities.

Ground-mounted PWSF outside a PWSF Overlay Zone shall be surrounded by a buffer of dense tree growth that begins at and extends continuously from 10 feet beyond the security barrier and portion of equipment shelter outside security barrier for a minimum distance of 150 feet and screens views of the facility in all directions with an exception in High-Density Residential and Mixed Use zones noted in this subsection. These trees must be existing (existing trees are preferred) on the subject property, planted on site, or be within a landscape easement on an adjoining site.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The one-hundred-fifty-foot vegetative buffer area shall be protected by a landscape easement or be within the area of the PWSF owner's lease. The easement or lease shall specify that the trees within the buffer shall not be removed or topped, unless the trees are dead or dying and present a hazard to persons or property.

A treed buffer may not be required for a PWSF in High-Density Residential or Mixed Use zones when there are buildings within 300 feet of the mount and when the PWSF is camouflaged.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Color. To the extent that a PWSF extends above the height of the vegetation immediately surrounding it, it shall be of a color which blends with the background or surroundings. All surfaces shall be nonreflective.

Equipment shelters. PWSF equipment shelters shall be designed consistent with one of the following design standards:

Equipment shelters shall be located in underground vaults;

Equipment shelters shall be designed so that the shelters are architecturally consistent, with respect to materials and appearance, to the buildings in the area of the PWSF;

Equipment shelters shall be camouflaged behind an effective year-round landscape screen, equal to the height of the proposed building and/or fence. The Planning Board shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood; or

If mounted on the roof of a building, the equipment shelter shall be concealed or camouflaged so that the shelter either is not visible at grade or appears to be a part of the original structure.

Lighting, signage, and security.

Lighting. The mounts of PWSFs shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. Footcandle measurements at the property line shall be 0.0 initial footcandle above ambient light conditions.

Signage. PWSF shall not contain any permanent or temporary signs, writing, symbols or any graphic representation of any kind except those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of this chapter.

Security barrier. Ground-mounted PWSFs shall be enclosed by security fencing equipped with an anti-climbing mechanism.

Historic buildings.

A PWSF located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.

Any alteration made to an historic structure to accommodate a PWSF shall be fully reversible.

PWSFs authorized by this subsection shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas.

Scenic landscapes and vistas. Ground-mounted facilities outside a PWSF Overlay Zone shall not be located within open areas that are clearly visible from public roads, recreational areas, nearby or abutting properties unless these PWSF are hidden or disguised in such a way so as to blend in with their surroundings. Ground-mounted PWSFs outside a PWSF Overlay Zone shall be surrounded by a buffer of dense tree growth as provided under Subsection C(1)(f), except that a treed buffer may not be required for a PWSF in High-Density Residential or Mixed Use zones when there are buildings within 300 feet of the mount and when the PWSF is camouflaged.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Driveways. If available, existing entrances and driveways to serve a PWSF shall be utilized, unless the applicant can demonstrate that a new entrance and driveway will result in less visual traffic, and environmental impact. New driveways to serve a PWSF shall not exceed 12 feet in width. A gravel or crushed stone surface is required.

Antenna types. Any antenna array placed upon an existing or proposed ground mount, utility pole, or transmission line mount shall have a diameter of no more than four feet, exclusive of the diameter of the mount. A close mount may be required to minimize visual impacts.

Mounts. All ground mounts shall be of a mast or monopole type mount. Mounts affixed to the roof or side of a building shall be masts only. Lattice towers, guyed towers, and roof-mounted monopoles are expressly prohibited, unless constructed as part of a reconstruction of a nonconforming structure permitted under Subsection B(3).

Hazardous waste. No hazardous waste shall be discharged on the site of any PWSF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

Noise. PWSF shall not generate noise in excess of limits permitted under the Town noise ordinance.[1]

Editor's Note: See § 181-4.

Radio frequency radiation (RFR) standards. All equipment proposed for a PWSF shall be fully compliant with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines), under Report and Order, FCC 93-326, published on August 1, 1996, and all subsequent amendments.

(13)

Federal and state requirements. All PWSFs must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate PWSFs. If such standards and regulations are changed, then the owners of the facilities governed by this section shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule if mandated by the controlling agency. Failure to bring a PWSF into compliance with such revised standards and regulations shall constitute grounds for removal of the PWSF as abandoned, in accordance with Subsection E at the owner(s) expense through the execution of the posted security.

(14)

Building Code safety standards. To ensure the structural integrity of PWSFs, the owner of the facility shall ensure that it is maintained in compliance with the standards contained in applicable local building codes and the applicable standards for PWSFs that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection, the Town concludes that a PWSF fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the PWSF, the owner shall have 30 days to bring such PWSF into compliance with such standards. If the owner fails to bring such PWSF into compliance within 30 days, such action shall constitute abandonment and grounds for the removal of the facility as abandoned at the owner's(s') expense through execution of the posted security.

(15)

Balloon test. The Planning Board may require a certified balloon test accurately simulating the height and location of the proposed PWSF. Public notice shall be given of the date and time of such test not less than 10 days prior thereto. The applicant shall provide photographs of such test from locations around the Town and within 20 miles from which the balloon(s) is visible.

(16)

Migrating bird protection. The applicant shall submit a plan indicating methods that it shall use to mitigate adverse impacts on migrating bird populations.

(17)

The owner of the PWSF, as a condition of approval, shall execute an agreement that it will indemnify and hold the Town, its officials and employees harmless from all claims against the Town for personal injury, property damages, and loss, including costs of defense and reasonable attorney's fees, arising from or related to the construction, operation repair and removal of the PWSF or any part thereof.

(18)

Alternative tower sites. If the proposed ground-mounted PWSF does not meet the standards of this section because of insufficient camouflage or a lack of screening by existing trees or buildings then potential suitable alternative sites, where PWSFs can meet the standards and provide adequate signal coverage need to be inventoried and evaluated. More than one site each with a PWSF (that may be shorter than originally proposed) could be required. If the applicant determines that there are no suitable alternative sites the municipality may hire at the applicant's expense a radio frequency engineer to independently assess if there are suitable alternative sites.

(19)

Professional services. The Planning Board may require that an independent radio frequency engineer be hired at the applicant's expense to substantiate the applicant's claim of technical necessity, the applicant's evaluation of proposed site(s) and alternative sites and to propose suitable alternative sites. An independent landscape architect may be hired at the applicant's expense to evaluate the applicant's visual impact analysis and proposed mitigation and to propose visual impact mitigation alternatives.

(20)

Average tree canopy height (ATCH). ATCH shall be determined by a forestry or environmental consultant qualified to inventory tree height and determine the ATCH as defined in this section.

Conditions of approval.

Maintenance. The owner of the facility shall maintain the PWSF in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, maintenance of the buffer areas, landscaping, and camouflage materials. The Planning Board may direct the owner to perform maintenance that it determines to be required.

Monitoring. The property owner and the owner of the PWSF shall agree that the Town and its appointed representative(s) may enter the subject property to obtain RFR measurements, noise measurements, and to perform maintenance and safety inspections at the expense of the carrier. In the case of taking RFR and or noise measurements, the Town may enter without any advance notice to either the PWSF owner or the property owner. In all other cases, the Town shall provide reasonable written notice to the carrier and landowner and provide them the opportunity to accompany the Town representatives when the inspections are conducted.

Security for removal. Recognizing the hazardous situation presented by abandoned and unmonitored telecommunications facilities, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned telecommunications facilities in the event that a facility is abandoned and the facility owner is unwilling or unable to remove the facility in accordance with Subsection E of this section. The amount of the security shall be based upon the removal cost plus, 15% provided by the applicant and certified by a professional civil engineer licensed in Maine. No building permit may be issued until the applicant has deposited the just described amount of the security with the Town. The owner of the facility shall provide the Planning Board with revised removal cost estimate and structural evaluation prepared by a professional civil engineer licensed in Maine every five years from the date of the Planning Board's approval of the site plan. If the cost has increased more than 15%, then the owner of the facility shall provide additional security in the amount of the increase.

Antenna installation. An antenna or antenna array may be located, without further approval, on any structure-mounted PWSF legally existing prior to effective date of Subsection E of this section, and on any PWSF subsequently approved under the provisions of this section, provided that:

All carriers using the PWSF comply with provisions of this section including the requirements of co-location;

All carriers using the PWSF comply with the terms and conditions of approval of the PWSF by the Planning Board; and

There is no increase in the PWSF height, carrier capacity, or area of the security barrier.

Otherwise, site plan review and a conditional use permit is required.

Commencement, abandonment, or discontinuation of use.

Commencement of operation. Operation of a PWSF shall commence no later than nine months from the date the application was approved. If the PWSF is not operating and providing the citizens of the Town with personal wireless services, as defined, within this time period, the Planning Board, at its discretion, may revoke its approval, regardless of whether construction has begun.

Notification of continued use. Beginning 12 months after Planning Board approval and continuing on an annual basis thereafter, the owner of a PWSF shall provide the Planning Board with written, signed certification that the PWSF is being used to provide personal wireless services as defined. Failure to comply with this requirement shall constitute an admission that the PWSF is not in use and has been abandoned.

Discontinuance. At such time that the owner plans to discontinue operation of a PWSF, the owner will notify the Town by certified U.S. Mail of the proposed date of discontinuation of operations. Such notice shall be given no less than 30 days prior to discontinuation of operations. In the event that the owner fails to give such notice, the PWSF shall be considered abandoned upon such discontinuation of operations.

Removal. Upon abandonment or discontinuation of use, the owner of the facility shall physically remove the PWSF within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the site of the PWSF to its natural condition, except that any landscaping and grading shall remain in the after condition.

Failure to remove. If the owner of the facility does not remove the facility upon the Planning Board's order, then the Town Council shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Town Council. If the abandoned facility is not removed within 90 days, the Town may execute the security to pay for this action.

AVERAGE TREE CANOPY HEIGHT

Failure to maintain. If the owner of the facility fails to maintain the facility in accordance with the directions of the Planning Board pursuant to Subsection D(1), then the Town Council, shall after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Town Council. If the abandoned facility is not removed within 90 days, the Town may execute the security to pay for this action.

Definitions. For the purpose of this section, the following terms have the meaning given herein:

ANTENNA

The surface from which wireless radio signals are sent and/or received by a PWSF.

ANTENNA ARRAY

A collection of antennas attached to a mount to send and receive radio signals.

An average height found by inventorying the height, at above ground level (AGL) of all trees over 20 feet in height within the area that extends for a distance of 150 feet from the base of the mount, security barrier, or designated clear area for access to equipment, whichever is greatest. Trees that will be removed for construction shall not be used in this calculation.

CAMOUFLAGED

A PWSF that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.

CARRIER

A company that provides personal wireless services also sometimes referred to as a provider.

CO-LOCATION

The use of a single mount by more than one carrier (vertical co-location), or the use of more than one mount on the same site by more than one carrier (horizontal co-location), or the use of several mounts on an existing building or structure by more than one carrier.

COMMUNITY SCALE

Compatibility between the proposed PWSF and its surroundings in relation to the height, mass, materials, contrasts, and proportion of the proposed facility and its surroundings.

ENVIRONMENTAL ASSESSMENT (EA)

An EA is a document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a PWSF is placed in certain designated areas.

EQUIPMENT SHELTER

An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for PWSF such as batteries and electrical equipment. Equipment shelters are sometimes referred to as base transceiver stations.

FACILITY

See "personal wireless service facility."

FALL ZONE

The area on the ground from the base of a structure-mounted personal wireless service facility that forms a circle with a diameter equal to twice the height of the facility, including any antennas or other appurtenances. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

GUYED TOWER

A monopole or lattice tower that is secured to the ground or other surface by diagonal cables for lateral support.

HEIGHT

The height above ground level (AGL) from the natural grade of a site to the highest point of a structure.

LATTICE TOWER

A type of mount with multiple legs and structural cross-bracing between the legs that is self-supporting and freestanding.

MAST

A thin pole that resembles a street light standard or a telephone pole. A dual-polarized antenna is typically deployed on a mast.

MONOPOLE

A thicker type of mount than a mast that is self-supporting with a single shaft of wood, steel or concrete, or other material that is designed for the placement of antennas and arrays along the shaft.

MOUNT

The structure or surface upon which antennas are mounted (interior or exterior), including the following two types of mounts:

GROUND-MOUNTEDA mount that is a structure affixed to the ground, other than a building, upon which one or more antennas are mounted.

BUILDING-MOUNTA mount that is:

The roof or side of a building upon which one or more antennas are mounted; or

A mount that is a structure affixed directly to the roof or side of a building and not part of the building, upon which one or more antennas are mounted.

PERSONAL WIRELESS SERVICE FACILITIES (PWSF)

After the effective date of this § 300-67, all ground mounts shall be masts or monopoles, and all structures (other than buildings) used with building mounts shall be masts.

Facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996, as amended, and this section. PWSFs include a mount, antenna, equipment shelter, and other related equipment. A PWSF shall not include any of the following:

Wireless communication facilities for emergency communications by public officials.

Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).

Parabolic antennas less than seven feet in diameter, that are an accessory use of the property.

Temporary personal wireless service facilities in operation for one maximum period of 180 days. Such temporary facilities shall be removed prior to 30 days following the maximum period.

PERSONAL WIRELESS SERVICES

An antenna that is an accessory use to a residential dwelling unit, provided that the PWSF is not used for commercial purposes.

The three types of services covered by this section: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as described in the Telecommunications Act of 1996, as amended.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

The emissions from PWSFs.

SECURITY BARRIER

A wall, fence, or berm that restricts an area from unauthorized entry or trespass.

Additional application requirements for PWSFs. In addition to the foregoing requirements contained in this section, applications for PWSFs shall include:

For ground-mounted PWSFs that must be screened by trees a written report must be provided from a qualified forestry or environmental consultant that describes the average tree canopy height and the methodology used to determine it.

A proposal to construct or modify a PWSF must include evidence of a commitment from a duly licensed carrier to utilize the tower to provide wireless communication services.

Written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, including a description of any conditions or criteria for the approval, or a statement from the agency that no approval is required.

An inventory of all of the provider's existing and approved towers, antennas or sites within the Town of Winslow and locations in surrounding communities where wireless telecommunications are proposed to be utilized in conjunction with the facility proposed in the application. Service area maps or network maps of the applicant's existing and proposed facilities in Kennebec County.

Identification of any other PWSFs existing or proposed on the site.

Details of all existing or proposed accessory structures including buildings, parking areas, utilities, gates, access roads, etc.

Evidence must be provided that written notice was sent, by prepaid first class United States Mail, to all other such tower and alternative tower structure owners and licensed wireless communication providers that could furnish service to the Town of Winslow utilizing existing towers and alternative tower structures and to owners of such towers. This notice shall state the applicant's siting needs and include a request for information of the co-location capabilities of the existing or previously approved facilities. Evidence that this notice requirement has been fulfilled shall include a name and address list, copy of the notice that was sent, and a return receipt request that the notices were sent as required.

Evidence must be provided that existing or previously approved towers and alternative tower structures with the Town of Winslow cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower. Such evidence shall include documentation from a qualified and licensed professional engineer that:

Planned necessary equipment would exceed the structural capacity of existing and approved PWSF and alternative tower structures considering:

The existing and planned use of those PWSFs and alternative tower structures; and

The existing and approved PWSFs cannot be reinforced or enlarged to accommodate planned or equivalent equipment at a reasonable cost.

Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that PWSF or alternative tower structure, and the interference cannot be prevented at a reasonable cost;

Existing or approved PWSFs and alternative tower structures do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or approved; or

Other documented reasons make it technically or financially unfeasible to place the equipment planned by the applicant on existing and approved PWSFs and alternative tower structures.

Evidence must be provided that the proposed PWSF cannot be co-located on existing or previously approved tower sites. Evidence should include an assessment of whether such PWSF sites could be changed to accommodate the proposed tower, and a general description of the projected cost of shared use of the existing or approved PWSF site.

A report must be provided from a registered professional engineer that describes the PWSF, the technical reasons for the PWSF design and the capacity of the PWSF, including the number(s), type(s), and volume(s) of antennas that it can accommodate and the basis for the calculation of capacity.

When a proposed ground-mounted PWSF does not meet the standards of this section evidence must be provided demonstrating whether there are alternative sites that can meet the standards and provide adequate signal coverage. Using more than one site each with a shorter PWSF than was originally proposed must be considered.

A letter of intent must be provided that commits the PWSF owner and its successors in interest to:

Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant;

Negotiate in good faith for shared use by third parties that have received an FCC license or permits; and

APPROVED RESIDENTIAL SUBDIVISION

Allow shared use if an applicant agrees in writing to pay reasonable charges.

(13)

Proof of financial capacity to build, maintain, and remove the proposed PWSF must be submitted.

(14)

Photos showing site vegetation, existing and adjacent structures, views of and from the proposed site, topography, and land uses on the proposed parcel and on abutting properties must be provided.

(15)

Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed must be submitted.

(16)

Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale, and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(17)

Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, provide measurements and elevations of the structure.

(18)

An analysis of the visual impact of the proposed facility, including tower and supporting structures, which may include photo montage, field mock-up, or other techniques, that identify the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from roads, public areas, private residences, historic resources, including historic districts and structures listed in the National Register of Historic Places, and archaeological resources. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historical Preservation Officer in his/her review capacity for the FCC.

(19)

The applicant shall submit written proof that the proposed use and the facility comply with the FCC regulations on radio (RF) frequency exposure guidelines and a propagation map showing the proposed radio frequency coverage.

(20)

The applicant shall submit written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. If an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Town prior to the beginning of the federal thirty-day comment period, and the Town process, shall become part of the application requirements.

(21)

The applicant shall submit annually to the Town Council a certificate of insurance showing public liability insurance coverage of not less than $1,000,000 combined single limit.

(22)

The applicant will provide information as to whether any of the Personal wireless service carriers providing service to the Town use the system known as cable micro-cell integrator/head-end interface converter (CMI/HIC) which utilizes cable television lines and small transceivers mounted on utility poles to communicate with wireless telephones and whether there are any such carriers using CMI/HIC in Kennebec County.

§ 300-68 Wind energy facility.

[Amended 10-13-2015 by Ord. No. 6-2015]

Title. This section shall be known as the "Wind Energy Facility Ordinance for Winslow, Maine."

Authority. This section is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution; the provisions of 30-A M.R.S.A. § 3001 (Home Rule), and the provisions of the Planning and Land Use Regulation Act, 30-A M.R.S.A. § 4312 et seq.

Purpose. The purpose of this section is to provide for the construction and operation of wind energy facilities in Winslow, subject to reasonable conditions that will protect the public health, safety, and welfare.

Definitions.

APPLICANT

Is the legal entity, including successors and assigns, that files an application under this section.

A residential subdivision for which all applicable land use permits have been issued, provided that the time for beginning construction under such permits has not expired.

ASSOCIATED FACILITIES

Elements of a wind energy facility other than its generating facilities that are necessary to the proper operation and maintenance of the wind energy facility, including but not limited to buildings, access roads, generator lead lines and substations.

DEP CERTIFICATION

A certification issued by the Department of Environmental Protection pursuant to 35-A M.R.S.A. § 3456 for a wind energy development.

GENERATING FACILITIES

Wind turbines and electrical lines, not including generator lead lines that are immediately associated with the wind turbines.

GENERATOR LEAD LINE

A "generator interconnection transmission facility" as defined by 35-A M.R.S.A. § 3132 (1-B).

HISTORIC AREA

An Historic Site administered by the Bureau of Parks and Lands in the Department of Agriculture, Conservation and Forestry, with the exception of the Arnold Trail.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

HISTORIC SITE

Any site, structure, district or archaeological site which has been officially included on the National Register of Historic Places and/or on the Maine Historic Resource Inventory, or which is established by qualified testimony as being of historic significance.

LOCALLY DESIGNATED PASSIVE RECREATION AREA

Any site or area designated by a municipality for passive recreation that is open and maintained for public use and which:

Has fixed boundaries;

Is owned in fee simple by a municipality or is accessible by virtue of public easement;

Is identified and described in a local comprehensive plan; and

METEOROLOGICAL TOWER (MET TOWER)

Has been identified and designated at least nine months prior to the submission of the applicant's wind energy facility permit application.

A tower used for the measurement and collection of wind data that supports various types of equipment, including but not limited to anemometers, data recorders, and solar power panels. MET towers may also include wildlife related equipment such as ANABAT detectors, bird diverts and wildlife entanglement protectors.

MUNICIPAL REVIEWING AUTHORITY

The municipal Planning Board, agency or office, or if none, the municipal officers.

NACELLE

The frame and housing at the top of the tower that encloses the gearbox and generator.

NONPARTICIPATING LANDOWNER

Any landowner, other than a participating landowner whose land is located within Winslow.

OCCUPIED BUILDING

A residence, school, hospital, house of worship, public library or other building that is occupied or in use as a primary residence or is customarily frequented by the public at the time when the permit application is submitted.

PARTICIPATING LANDOWNER

One or more persons that hold title in fee or a leasehold interest with sublease rights to property on which generating facilities or associated facilities are proposed to be located pursuant to an agreement with the applicant or an entity that has entered into an appropriate agreement with the applicant allowing the applicant to demonstrate the requisite right, title and interest in such property.

PERSON

An individual, corporation, partnership, firm, organization or other legal entity.

PLANNED RESIDENCE

A residence for which all applicable building and land use permits have been issued, provided that the time for beginning construction under such permits has not expired.

PROTECTED LOCATION

Any location that is:

Accessible by foot, on a parcel of land owned by a nonparticipating landowner containing a residence or planned residence, or an approved residential subdivision, house of worship, academic school, college, library, duly licensed hospital or nursing home near the development site at the time an application for a wind energy facility is submitted under this section;

Within a State Park, Baxter State Park, a National Park, a nature preserve owned by a land trust, the Maine Audubon Society or the Maine chapter of the Nature Conservancy, the Appalachian Trail, the Moosehorn National Wildlife refuge, a federally designated wilderness area, a state wilderness area designated by statute, a municipal park or a locally designated passive recreation area, or any location within consolidated public reserve lands designated by rule by the Bureau of Parks and Lands as a protected location; or

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

SHORT DURATION REPETITIVE SOUNDS

A hotel, motel, campsite or duly licensed campground that the municipal authority responsible for review and approval of the pending application under Subsection H(1) has designated a protected location after making a determination that the health and welfare of the guests or the economic viability of the establishment will be unreasonably impacted by noise in excess of that allowed under Subsection L(3)(b).

RESIDENCE

A building or structure, including manufactured housing, maintained for permanent or seasonal residential occupancy providing living, cooking and sleeping facilities and having permanent indoor or outdoor sanitary facilities, excluding recreational vehicles, tents and watercraft.

SCENIC RESOURCE

Either a scenic resource of state or national significance, as defined in 35-A M.R.S.A. § 3451(9) or a scenic resource of local significance located within the municipality and identified as such in a comprehensive plan, open space plan or scenic inventory adopted by the municipal legislative body.

SHADOW FLICKER

Alternating changes in light intensity caused by the movement of wind turbine blades casting shadows on the ground or a stationary object.

A sequence of repetitive sounds which occur more than once within an hour, each clearly discernible as an event and causing an increase in the sound level of at least six dBA on the fast meter response above the sound level observed immediately before and after the event, each typically less than 10 seconds in duration, and which are inherent to the process or operation of the development and are foreseeable.

SIGHT LINE REPRESENTATION

A profile drawing showing prominent features, including but not limited to topography, buildings, and trees, along and in relation to a line of sight extending from an observer's eye to the lowest point visible on a proposed tower.

SIGNIFICANT WILDLIFE HABITAT

A significant wildlife habitat as defined in 38 M.R.S.A. § 480-B(10).

SUBSTANTIAL START

That construction shall be considered to be substantially commenced when any work beyond excavation, including but not limited to, the pouring of a slab or footings, the installation of piles, the construction of columns, or the placement of a tower on a foundation has begun.

TOWER

The freestanding structure on which a wind measuring or energy conversion system is mounted.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation to the highest point of any turbine rotor blade measured at the highest arc of the blade.

WIND ENERGY FACILITY

A facility that uses one or more wind turbines to convert wind energy to electrical energy. A wind energy facility includes generating facilities and associated facilities.

WIND ENERGY FACILITY, TYPE 1A

A wind energy facility having a maximum generating capacity of less than 100 kW, a maximum of one wind turbine and a maximum turbine height of 80 feet.

WIND ENERGY FACILITY, TYPE 1B

A wind energy facility having a maximum generating capacity of less than 100 kW and either more than one wind turbine, or one or more wind turbines with a turbine height greater than 80 feet.

WIND ENERGY FACILITY, TYPE 2

A wind energy facility having a maximum generating capacity of 100 kW or greater and which does not require a state permit issued by the Department of Environmental Protection under the Site Location of Development Act, 38 M.R.S.A. § 481 et seq.

WIND ENERGY FACILITY, TYPE 3

A wind energy facility having a generating capacity of 100 kW or greater and which requires a state permit issued by the Department of Environmental Protection under the Site Location of Development Act, 38 M.R.S.A. § 481 et seq.

WIND TURBINE

A system for the conversion of wind energy into electricity which is comprised of a tower, generator, nacelle, rotor and transformer.

Applicability.

This section applies to any wind energy facility proposed for construction in Winslow after the effective date of this section. This section does not apply to associated facilities unless the generating facilities are located within Winslow, in which case this section applies to both the generating facilities and the associated facilities.

A wind energy facility that is the subject of an application determined to be complete by the Code Enforcement Officer prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any physical modifications after the effective date of this section shall be subject to the permitting requirements of Subsection H(2).

Conflict and severability.

If there is a conflict between provisions in this section, the more stringent shall apply. If there is a conflict between a provision in this section and that of another Winslow ordinance, the provision of this section shall apply.

The invalidity of any part of this section shall not invalidate any other part of this section.[1]

Editor's Note: Original Subsection G, Effective date, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Classification of wind energy facilities. All wind energy facilities shall be classified in accordance with Table 1 below:

Table 1: Classification of Wind Energy Facilities and Corresponding Local Review and Approval Authority
Facility Type	Aggregate Capacity	Turbine Height (feet)	Max. # of Turbines	DEP Site Location Permit Required	Local Review and Approval
1A	< 100 kW	< 80	1	No	Code Enforcement Officer
1B	< 100 kW	> 80	NA	No	Planning Board
2	> 100 kW	NA	NA	No¹	Planning Board
3	> 100 kW	NA	NA	Yes²	Planning Board

NOTES:
¹	Per 35-A MRS § 3456, DEP certificate required if energy generated is for sale or use by a person other than the generator.
²	Per 38 MRS § 482(2).

Administration.

Review and approval authority.

The Code Enforcement Officer is authorized to review all applications for Type 1A wind energy facilities and MET towers pursuant to Subsection I, and may approve, deny or approve such applications with conditions in accordance with the standards of this section.

The Planning Board is authorized to review all applications for Type 1B, Type 2, and Type 3 wind energy facilities and may approve, deny or approve such applications with conditions in accordance with this section.

Permit required.

No wind energy facility shall be constructed or located within Winslow without a permit issued in accordance with this section.

Any physical modification to an existing wind energy facility that materially alters the location or increases the area of development on the site or that increases the turbine height or the level of sound emissions of any wind turbine shall require a permit modification under this section. Like-kind replacements and routine maintenance and repairs shall not require a permit modification.

Permit applications.

Application components. A wind energy facility permit application shall consist of the application form, application fee, and supporting documents, as described below:

Application forms. The municipality shall provide the application form which shall be signed by: (a) a person with right, title and interest in the subject property; or (b) a person having written authorization from a person with right, title and interest in the subject property. The signature shall be dated and the signatory shall certify that the information in the application is complete and correct and that the proposed facility will be constructed and operated in accordance with the standards of this section and all approval and permit conditions, if any.

Application fees. Application fees shall be assessed and paid upon submission of the application in accordance with Appendix A of this section.

Supporting documents. The application shall include all additional documents necessary to satisfy the applicable submission requirements under Subsection H of this section.

Application submission. The applicant shall submit its application for a wind energy facility permit to the Code Enforcement Officer who shall note on the application the date on which it was received.

Changes to a pending application.

The applicant shall promptly notify the municipal entity responsible for review and approval of a pending application under Subsection G(1) of any changes the applicant proposes to make to information contained in the application.

If changes are proposed to a pending application after a public hearing has been held, the Planning Board may consider those changes and continue with the review and approval process without a renewed public hearing if it determines that the changes do not materially alter the application. If the Planning Board determines that the proposed changes do materially alter the application it shall schedule and conduct another public hearing within 30 days of that determination. In making its determination, the Planning Board shall consider whether the proposed changes involve potential adverse effects different than or in addition to those addressed in the initial application.

Permit application procedures.

Type 1A wind energy facility application.

Within 10 days after receiving an application, the Code Enforcement Officer shall notify the applicant in writing either that the application is complete or, if the application is incomplete, the specific additional material needed to complete the application. The Code Enforcement Officer may waive any submission requirement if the Code Enforcement Officer issues a written finding that, due to special circumstances of the application, adherence to that requirement is not necessary to determine compliance with the standards of this section.

Within 30 days after determining the application to be complete, the Code Enforcement Officer shall issue a written order: (a) denying approval of the proposed wind energy facility; (b) granting approval of the proposed wind energy facility; or (c) granting approval of the proposed wind energy facility with conditions. In making the decision, the Code Enforcement Officer shall make findings on whether the proposed wind energy facility meets the applicable criteria described in Subsections J and K.

With the agreement of the applicant, the Code Enforcement Officer may extend the procedural time frames of this section.

Type 1B, Type 2 and Type 3 wind energy facility applications.

The applicant is strongly encouraged to meet with the Code Enforcement Officer before submitting an application. At this preapplication meeting, the Code Enforcement Officer will explain this section's provisions, application forms, and submission requirements. The applicant should provide photos of the proposed site and written descriptions of the proposed facility and the proposed site, including its location and lot area.

An application shall be eligible for consideration at a regularly scheduled meeting of the Planning Board only if the applicant submits it at least 14 days prior to the meeting.

Within 30 days after receipt of the application by the Code Enforcement Officer, the Planning Board shall notify the applicant in writing either that the application is complete or, if the application is incomplete, the specific additional material needed to complete the application. The Planning Board may waive any submission requirement if it issues a written finding that, due to special circumstances of the application, adherence to that requirement is not necessary to determine compliance with the standards of this section.

The Planning Board shall hold a public hearing for a Type 3 wind energy facility application within 60 days after determining that the application is complete. The Planning Board may decide to hold a public hearing for a Type 1B or a Type 2 wind energy facility application. If it decides to hold a public hearing for a Type 1B application, the Planning Board shall hold that hearing within 30 days after determining that application is complete. If it decides to hold a public hearing for a Type 2 application, the Planning Board shall hold that hearing within 60 days after determining that the application is complete.

[5]

Within 60 days after determining that an application for a Type 1B wind energy facility is complete or within 90 days after determining that an application for a Type 2 or Type 3 wind energy facility is complete, the Planning Board shall issue a written order: (a) denying approval of the proposed wind energy facility; (b) granting approval of the proposed wind energy facility; or (c) granting approval of the proposed wind energy facility with conditions. In making its decision, the Planning Board shall make findings on whether the proposed wind energy facility meets the applicable criteria described in Subsections J, K and L.

[6]

With the agreement of the applicant, the Planning Board may extend the procedural time frames of this section.

Table 2: Procedural Time Frames
Facility Type	Application Completeness	Public Hearing	Final Decision
1A	< 10 days¹	NA	< 30 days²
1B	< 30 days¹	< 30 days²	< 60 days²
2	< 30 days¹	< 60 days²	< 90 days²
3	< 30 days¹	< 60 days²	< 90 days²

NOTES:
¹	Days after receipt of the application by the Code Enforcement Officer
²	Days after the application is determined to be complete

Notice of meetings. Ten days prior to any meeting at which an application for a Type 1B, Type 2, or Type 3 wind energy facility is to be considered, the Planning Board shall send notice by first-class mail, to the applicant and all owners of property abutting the property on which the wind energy facility is proposed to be located. The notice shall state the date, time and place of the meeting and the proposed location and the classification of the proposed wind energy facility.

Public hearings. The Planning Board shall have notice of the date, time, and place of any public hearing and the proposed location and the classification of the proposed wind energy facility:

Published at least once in a newspaper having general circulation within the municipality. The date of the first publication shall be at least 10 days before the hearing.

Mailed by first-class mail to the applicant and to owners of property within 500 feet of the property on which the wind energy facility is proposed to be located, at least 10 days before the public hearing. The Planning Board shall maintain a list of property owners to whom notice is mailed in the application file. Failure of any of these property owners to receive a notice shall not invalidate the public hearing, nor shall it require the Planning Board to schedule another hearing.

Professional services. In reviewing the application for compliance with this section, the Planning Board may retain professional services, including but not limited to those of an attorney or consultant, to verify information presented by the applicant. The attorney or consultant shall first estimate the reasonable cost of such review and the applicant shall deposit, with the municipality, the full estimated cost, which the municipality shall place in an escrow account. The municipality shall pay the attorney or consultant from the escrow account and reimburse the applicant if funds remain after payment.

Expiration of permits.

Permits shall expire:

Two years after the date of approval unless a substantial start on construction has occurred; and

Three years after the date of approval unless construction of the wind energy facility has been completed.

If a permit for a Type 2 or Type 3 wind energy facility expires, the applicant shall implement pertinent provisions of the approved decommissioning plan. Upon the applicant's written request, the municipal entity responsible for review and approval of the application under Subsection G(1) may extend either or both expiration time limits by one year.

Access. The Code Enforcement Officer shall have access to the site at all times to review the progress of the work and shall have the authority to review all records and documents directly related to the design, construction and operation of the facility.

Enforcement.

It shall be unlawful for any person to violate or fail to comply with or take any action that is contrary to the terms of this section, or to violate or fail to comply with any permit issued under this section, or to cause another to violate or fail to comply or take any action which is contrary to the terms of this section or any permit under this section.

If the Code Enforcement Officer or other person charged with enforcement of municipal laws determines that a violation of this section or the permit has occurred, the Code Enforcement Officer shall provide written notice to any person alleged to be in violation of this section or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Code Enforcement Officer and the alleged violator shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation and, with the consent of the alleged violator, may be extended.

If, after 30 days from the date of notice of violation or further period as agreed to by the alleged violator, the Code Enforcement Officer determines, in the officer's reasonable discretion, that the parties have not resolved the alleged violation, the Code Enforcement Officer may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this section or permit.

Appeals. Any person aggrieved by a decision of the Code Enforcement Officer or the Planning Board under this section may appeal the decision to the Board of Appeals, as provided by § 300-14 of this chapter.

Application submission requirements.

General submission requirements.

A completed application form including:

The applicant and participating landowner's(s') name(s) and contact information.

The address, Tax Map number, zone and owner(s) of the proposed facility site and any contiguous parcels owned by participating landowners.

The Tax Map number, zone, current use, owner(s) and addresses of owner(s) of parcels that abut the proposed facility site or abut parcels of participating landowners that are contiguous with the proposed facility site (not required for Type 1A applications).

An affirmation, signed and dated by the applicant, that the information provided in the application is correct and that the proposed wind energy facility, if approved and built, shall be constructed and operated in accordance with the standards of this section and all conditions of approval, if any.

Receipt showing payment of application fee in accordance with Appendix A.

A copy of a deed, easement, purchase option or other comparable documentation demonstrating that the applicant has right, title or interest in the proposed facility site.

Location map showing the boundaries of the proposed facility site and all contiguous property under total or partial control of the applicant or participating landowner(s) and any scenic resource or historic site within 2,500 feet of the proposed development.

Description of the proposed wind energy facility that includes the number and aggregate generating capacity of all wind turbines, the turbine height and manufacturer's specifications for each wind turbine (including but not limited to the make, model, maximum generating capacity, sound emission levels and types of overspeed controls) and a description of associated facilities.

Site plan showing the proposed location of each wind turbine and associated facilities and any of the following features located within 500 feet of any wind turbine: parcel boundaries, required setbacks, topographic contour lines (maximum twenty-foot interval), roads, rights-of-way, overhead utility lines, buildings (identified by use), land cover, wetlands, streams, water bodies and areas proposed to be regraded or cleared of vegetation.

In addition to the information in Subsection H(1)(f), above, site plans for Type 1B, Type 2 and Type 3 wind energy facilities shall show the location and average height of tree cover to be retained and the location, variety, planting height and mature height of proposed trees, if any.

(g)

Written evidence that the Environmental Coordinator of the Maine Department of Inland Fisheries and Wildlife (MDIFW) and that the Maine Natural Areas Program (MNAP) have both been notified of the pending application and the location and turbine height of all proposed wind turbines.

(h)

Written evidence that the provider of electrical service to the property has been notified of the intent to connect an electric generator to the electricity grid, if such connection is proposed.

(i)

Description of emergency and normal shutdown procedures.

(j)

Photographs of existing conditions at the site.

(k)

An application for a Type 1A or 1B wind energy facility shall include structural drawings of the tower foundation and anchoring system:

Prepared by the wind turbine or tower manufacturer;

Prepared in accordance with the manufacturer's specifications; or

Prepared and stamped by a Maine-licensed professional engineer.

(l)

An application for a Type 1A or Type 1B wind energy facility shall include:

A written statement, signed by the applicant, that certifies that the proposed facility is designed to meet the applicable noise control standards under Subsection K(3) and acknowledges the applicant's obligation to take remedial action in accordance with Subsection K(6) if the Code Enforcement Officer determines those standards are not being met; or

A written request for review under Subsection M(1) along with information required under Appendix B, Subsection B (Submissions).

(m)

An application for Type 1B, Type 2 or Type 3 wind energy facility shall include the following sight line, photographic and, if applicable, screening information, provided that an applicant for a Type 3 wind energy facility may provide this information as part of a visual assessment if required pursuant to Subsection M(5):

Sight line representations of each wind turbine from the nearest occupied building and from at least one other representative location within 500 feet of the wind turbine, such as a scenic resource or another occupied building. Each site line representation shall be drawn at a scale sufficiently large to make it legible. If screening is proposed, the proposed screening device, such as trees, shrubs or fencing, shall be depicted on the drawing along with the sight line as altered by the screening.

A current four-inch-by-six-inch color photograph of the proposed site of the wind turbine(s) taken from viewpoints corresponding to each of the sight line representations.

One copy of each of the photographs described in Subsection H(1)(m)[2], above, onto which is superimposed an accurately scaled and sited representation of the wind turbine(s).

(n)

An application for a Type 2 wind energy facility that generates energy primarily for sale or use by a person other than the generator, shall include, if issued at the time of application, certification from the Department of Environmental Protection pursuant to 35-A M.R.S.A. § 3456 that the wind energy facility:

Will meet the requirements of the noise control rules adopted by the Board of Environmental Protection pursuant to the Site Location of Development Act, 38 M.R.S.A. § 481 et seq.;

Will be designed and sited to avoid unreasonable adverse shadow flicker effects; and

Will be constructed with setbacks adequate to protect public safety.

If such certification has not been issued at the time of application, the applicant shall include written evidence that the applicant has applied for certification.

Additional submission requirements for an application for a Type 2 and 3 wind energy facility.

Certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, or other similar certifying organizations.

Decommissioning plan in conformance with Appendix C.

Written summary of operation and maintenance procedures for the wind energy facility and a maintenance plan for access roads, erosion and sedimentation controls and stormwater management facilities.

Standard boundary survey of the subject property stamped by a Maine-licensed surveyor. The Planning Board may waive this requirement if it determines that the applicant has provided information sufficient to identify property boundaries to the extent necessary.

Visual impact assessment, if required pursuant to Subsection M(5).

Stormwater management plan stamped by a Maine-licensed professional engineer.

(g)

Sound level analysis, prepared by a qualified engineer, which addresses the standards of Subsection M(1).

(h)

Shadow flicker analysis based on WindPro or other modeling software approved by the Department of Environmental Protection.

(i)

Foundation and anchoring system drawings that are stamped by a Maine-licensed professional engineer.

(j)

Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Planning Board to ensure compliance with this section.

Meteorological towers (MET towers). Applications for meteorological (MET) towers shall be subject to the submission and review standards for a Type 1A wind energy facility, as applicable, except that no height limitation shall apply. A permit for a MET tower shall be valid for two years and two months from the date of issuance. The Code Enforcement Officer may grant one or more one-year extensions of this permit period. Within 30 days following removal of a MET tower, the applicant shall restore the site to its original condition to the extent practicable. The provisions of this section do not apply to permanent MET towers included as associated facilities in approved wind energy facility applications.

General standards.

Safety setbacks. Wind turbines shall be set back a horizontal distance equivalent to 150% of the turbine height from property boundaries, public and private rights-of-way and overhead utility lines that are not part of the proposed generating facility except that the entity responsible for review and approval of the application may allow a reduced setback if the applicant submits, in writing: (a) a waiver of the property boundary setback signed by the pertinent abutting landowner ; or (b) evidence, such as operating protocols, safety programs, or recommendations from the manufacturer or a licensed professional engineer with appropriate expertise and experience with wind turbines, that demonstrates that the reduced setback proposed by the applicant is appropriate.

Natural resource protection. A wind energy facility shall not have an unreasonable adverse effect on rare, threatened, or endangered wildlife, significant wildlife habitat, rare, threatened or endangered plants and rare and exemplary plant communities. In making its determination under this subsection, the municipal entity responsible for review and approval of the permit application under Subsection G(1) shall consider pertinent application materials and the written comments and/or recommendations, if any, of the Maine Department of Inland Fisheries and Wildlife (MDIFW) Environmental Coordinator and the Maine Natural Areas Program (MNAP).

Building permit. All components of the wind energy facility shall conform to relevant and applicable local and state building codes.

Overspeed controls and brakes. Each wind turbine shall be equipped with an overspeed control system that: (a) includes both an aerodynamic control such as stall regulation, variable blade pitch, or other similar system, and a mechanical brake that operates in fail safe mode; or (b) has been designed by the manufacturer or a licensed civil engineer and found by the municipal entity responsible for review and approval of the application under Subsection G(1), based on its review of a written description of the design and function of the system, to meet the needs of public safety.

Electrical components and interconnections. All electrical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes.

Access. All ground-mounted electrical and control equipment and all access doors to a wind turbine shall be labeled and secured to prevent unauthorized access. A wind tower shall not be climbable up to a minimum of 15 feet above ground surface.

Blade clearance. The minimum distance between the ground and all blades of a wind turbine shall be 25 feet as measured at the lowest arc of the blades.

Signal interference. The applicant shall make reasonable efforts to avoid and mitigate to the extent practicable any disruption or loss of radio, telephone, television, or similar signals caused by the wind energy facility.

Structure type. With the exception of meteorological (MET) towers, towers shall be monopoles with no guy wires. This requirement may be waived if the applicant demonstrates to the satisfaction of the municipal entity responsible for review and approval of the permit application under Subsection H(1), that there is no practicable alternative. Bird flight diverters must be installed on any guy wires that are permitted.

Erosion control. Erosion of soil and sedimentation shall be minimized by employing "best management practices" in the "Maine Erosion Control Handbook for Construction: Best Management Practices," March 2003.

Building-mounted wind turbines. Building-mounted wind turbines are not permitted.

Visual appearance.

A Wind Turbine shall be a nonobtrusive color such as white, off-white or gray, or as may otherwise be required by another governmental agency with jurisdiction over the wind energy facility.

A wind turbine shall not be lighted artificially, except to the extent consistent with Federal Aviation Administration recommendations or other applicable authority that regulates air safety or as is otherwise required by another governmental agency with jurisdiction over the wind energy facility.

A wind turbine shall not be used to support signs and shall not display advertising except for reasonable and incidental identification of the turbine manufacturer, facility owner and operator, and for warnings.

(13)

Visibility of wind turbine. The following requirements apply, to the extent practicable, to Type 1B and Type 2 wind energy facilities:

To the extent that doing so does not inhibit adequate access to the wind resource, each wind turbine shall be located to maximize the effectiveness of existing vegetation, structures and topographic features in screening views of the wind turbine from occupied buildings and scenic resources.

When existing features do not screen views of a wind turbine from residences and scenic resources, screening may be required, where feasible and effective, through the planting of trees and/or shrubs. In order to maximize the screening effect and minimize wind turbulence near the wind turbine, plantings should be situated as near as possible to the point from which the wind turbine is being viewed. Such plantings should be of native varieties.

Special standards for Type 1A and Type 1B wind energy facilities. Noise emanating from a Type 1A or Type 1B wind energy facility shall be controlled in accordance with the provisions of this section or, upon the written request of the applicant, the provisions of Subsection N(1). If the Applicant chooses review under Subsection M(1), the provisions of Subsection K(1), (2) and (6) shall apply, but the provisions of Subsection K(3), (4) and (5) shall not apply.

The sound level limits contained in this section apply only to areas that are defined as protected locations and to property boundaries that describe the outer limits of the facility site in combination with any parcel(s) owned by a Participating landowner that are contiguous with the facility site.

The sound level limits contained in this section do not apply to the facility site or any parcel(s) owned by a participating landowner that are contiguous with the facility site.

The sound levels resulting from routine operation of a wind energy facility, as measured in accordance with the procedures described in Subsection K(5) shall not exceed the limits specified for the following locations and times:

At a protected location with no living and sleeping quarters: 55 dBA during the protected location's regular hours of operation.

At a protected location with living and sleeping quarters:

Area(s) within 500 feet of living and sleeping quarters:

[a]

45 dBA between 7:00 p.m. and 7:00 a.m.

[b]

55 dBA between 7:00 a.m. and 7:00 p.m.

Area(s) more than 500 feet from living and sleeping quarters: 55 dBA at all times.

At property boundaries that describe the outer limits of the facility site combined with any parcel(s) owned by a participating landowner that are contiguous with the facility site: 75 dBA at all times.

If the applicant submits the certification and acknowledgement required by Subsection H(1)(I)[1], the municipal entity responsible for review and approval of the application under Subsection G(1) shall determine, for purposes of issuing its approval, that the pertinent sound-level limits under Subsection L(1) have been met, subject to the applicant's obligation to take remedial action as necessary under Subsection K(6).

The Codes Enforcement Office may perform measurements of sound levels resulting from routine operation of an installed Type 1A or Type 1B wind energy facility at the officer's own initiative or in response to a noise-related complaint to determine compliance with the pertinent standards in Subsection K(1). Such measurements shall be performed as follows:

Measurements shall be obtained during representative weather conditions when the sound of the wind energy facility is most clearly noticeable. Preferable weather conditions for sound measurements at distances greater than about 500 feet from the sound source include overcast days when the measurement location is downwind of the wind turbine and inversion periods (which most commonly occur at night).

Sound levels shall be measured at least four feet above the ground by a meter set on the A-weighted response scale, fast response. The meter shall meet the latest version of American National Standards Institute (ANSI S1.4.) "American Standard Specification for General Purpose Sound Level Meters" and shall have been calibrated at a recognized laboratory within the past year.

Five dBA shall be added to sound levels of any short duration repetitive sound measured in accordance with Subsection K(5)(a) and (b).

The applicant shall operate the proposed wind energy facility in conformance with the sound level limits of Subsection K or M(1),as applicable. If, based on post-installation measurements taken in accordance with Subsection K(5) or Subsection M(1), as applicable, the Code Enforcement Officer determines that the applicable sound-level limits are not being met, the applicant shall, at the Applicant's expense and in accordance with the Winslow Wind Energy Facility Ordinance and in consultation with the Code Enforcement Officer, take remedial action deemed necessary by the Code Enforcement Officer to ensure compliance with those limits. Remedial action that the Code Enforcement Officer may require, includes, but shall not be limited to, one or more of the following:

A modification or limitation of operations during certain hours or wind conditions;

Maintenance, repair, modification or replacement of equipment;

Relocation of the wind turbine(s); and

Removal of the wind turbine(s) provided that the Code Enforcement Officer may require removal of the wind turbine(s) only if the Code Enforcement Officer determines that there is no practicable alternative.

Discontinued use.

A Type 1A or Type 1B wind energy facility that is not generating electricity for 12 consecutive months shall be deemed a discontinued use and shall be removed from the property by the applicant within 120 days of receipt of notice from the Code Enforcement Officer, unless the applicant provides information that the Planning Board deems sufficient to demonstrate that the project has not been discontinued and should not be removed. If the wind energy facility is not removed within this time period, the municipality may remove the turbine at the applicant's expense. The applicant shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation.

If a surety has been given to the municipality for removal of a Type 1B wind energy facility, the applicant may apply to the Planning Board for release of the surety when the wind energy facility has been removed to the satisfaction of the Code Enforcement Officer.

Special standards for Type 2 and Type 3 wind energy facilities.

Control of noise. Noise emanating from a Type 2 wind energy facility, a Type 3 wind energy facility, or, upon written request of the applicant pursuant to Subsection L, a Type 1A or Type 1B wind energy facility shall be controlled in accordance with the provisions of Appendix B If there is a conflict between a provision of Appendix B and another provision of this section, the provision of Appendix B shall apply.

Use of public roads.

The applicant shall identify all state and local public roads to be used within Winslow to transport equipment and parts for construction, operation or maintenance of a Type 2 or Type 3 wind energy facility.

The Town Engineer, Public Works Director or a qualified third-party engineer reasonably acceptable to both the Planning Board and the Applicant and paid for by the applicant pursuant to Subsection G(7) of this section, shall document road conditions prior to construction. The Town Engineer, Road Commissioner or third-party engineer shall document road conditions again 30 days after construction is complete or as weather permits.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The applicant shall demonstrate, to the satisfaction of the Planning Board, that it has financial resources sufficient to comply with Subsection M(2)(d), below, and the Planning Board may require the applicant to post a bond or other security in order to ensure such compliance.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Artificial habitat. To the extent practicable, the creation of artificial habitat for raptors or raptor prey shall be minimized. In making its determination under this subsection the Planning Board shall consider comments and recommendations, if any, provided by the Maine Department of Inland Fisheries and Wildlife.

Effect on scenic resources.

Except as otherwise provided in this subsection, if a Type 2 or Type 3 wind energy facility is proposed for location in or is visible from a scenic resource, the applicant shall provide the Planning Board a visual impact assessment that addresses the evaluation criteria in Subsection M(5)(c). There is a rebuttable presumption that a visual impact assessment is not required for those portions of a Type 2 or Type 3 wind energy facility that are located more than three miles, measured horizontally, from a scenic resource. The Planning Board may require a visual impact assessment for portions of the Type 2 or Type 3 wind energy facility located more than three miles and up to eight miles from a scenic resource if it finds that a visual impact assessment is needed to determine if there is the potential for significant adverse effects on the scenic resource. Information intended to rebut the presumption must be submitted to the Planning Board by any interested Person within 30 days of acceptance of the application as complete. The Planning Board shall determine if the presumption is rebutted based on a preponderance of evidence in the record.

The Planning Board shall determine, based on consideration of the evaluation criteria in Subsection M(5)(c), whether the Type 2 or 3 wind energy facility significantly compromises views from a scenic resource such that the proposed facility has an unreasonable adverse effect on the scenic character or existing uses related to scenic character of that scenic resource.

In making its determination pursuant to Subsection M(5)(b), and in determining whether an applicant for a Type 2 or 3 wind energy facility located more than three miles from a scenic resource must provide a visual impact assessment in accordance with Subsection M(5)(a), the Planning Board shall consider:

The significance of the potentially affected scenic resource;

The existing character of the surrounding area;

The expectations of the typical viewer;

The Type 2 or Type 3 wind energy facility's purpose and the context of the proposed activity;

[5]

The extent, nature and duration of potentially affected public uses of the scenic resource and the potential effect on the public's continued use and enjoyment of the scenic resource; and

[6]

The scope and scale of the potential effect of views of the wind energy facility on the scenic resource, including but not limited to issues related to the number and extent of wind turbines visible from the scenic resource, the distance from the scenic resource and the effect of prominent features of the wind energy facility on the landscape.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A finding by the Planning Board that the Type 2 or Type 3 wind energy facility is a highly visible feature in the landscape is not a solely sufficient basis for determination that it has an unreasonable adverse effect on the scenic character and existing uses related to scenic character of a Scenic Resource. In making its determination under Subsection M(5)(b), the Planning Board shall consider insignificant the effects of portions of a Type 2 or Type 3 wind energy facility located more than eight miles from a scenic resource.

Shadow flicker. Type 2 and Type 3 wind energy facilities shall be designed to avoid unreasonable adverse shadow flicker effect at any occupied building located on a nonparticipating landowner's property.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Relationship to DEP certification and permitting.

For a Type 2 wind energy facility for which a DEP certification has been submitted in accordance with Subsection I(1)(n), the Planning Board shall consider, to the extent applicable, pertinent findings in that certification when making its determination under Subsections K(1), M(1) and M(6). There is a rebuttable presumption that a Wind Energy Facility that has obtained DEP certification meets the requirements of Subsections K(1), M(1) and M(6). The Planning Board may, as a condition of approval of a Type 2 wind energy facility that generates energy for sale or use by a person other than the generator, deem DEP's issuance of a certificate for the development sufficient to meet, in whole or in part, as applicable, the requirements of Subsection K(1), M(1) and M(6).

If DEP has issued a Site Location of Development Act permit for a Type 3 wind energy facility pursuant to 38 M.R.S.A. § 484(3), there is a rebuttable presumption that the development meets the requirements of Subsections K(1), K(2), M(1), M(6) and M(12) and, as it pertains to Scenic Resources of state or national significance as defined by 35-A M.R.S.A. § 3451(9), Subsection M(5). The Planning Board may, as a condition of approval of a Type 3 wind energy facility, deem DEP's issuance of a permit for the development sufficient to meet, in whole or in part, as applicable, the requirements of Subsections K(1), K(2), M(1), M(6) and M(12) and, as it pertains to scenic resources of state or national significance, Subsection M(5).

Local emergency services.

The applicant shall provide a copy of the project summary and site plan to local emergency service providers, including paid or volunteer fire department(s).

Upon request, the applicant shall cooperate with emergency service providers to develop and coordinate implementation of an emergency response plan for a Type 2 or Type 3 wind energy facility.

A wind turbine shall be equipped with an appropriate fire suppression system to address fires within the Nacelle portion of the turbine or shall otherwise address the issue of fire safety to the satisfaction of the Municipal Reviewing Authority.

Liability insurance. The applicant or an applicant's designee acceptable to the Planning Board shall maintain a current general liability policy for the Type 2 or Type 3 wind energy facility that covers bodily injury and property damage with limits in an amount commensurate with the scope and scale of the facility. The applicant or its designee shall make certificates of insurance available to the Planning Board upon request.

Design safety certification. Each wind turbine shall conform to applicable industry standards including those of the American National Standards Institute (ANSI) and at least one of the following: Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organization.

Public inquiries and complaints.

The applicant or its designee shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the wind energy facility.

The applicant or its designee shall make reasonable efforts o respond to the public's inquiries and complaints and shall provide written copies of all complaints and the company's resolution or response to the Codes Enforcement upon request.

Decommissioning. The applicant shall prepare a decommissioning plan in conformance with Appendix C.

§ 300-69 Large-scale principal solar energy systems (LSPSES).

[Amended 10-13-2015 by Ord. No. 5-2015]

Regulations applicable to all large scale principal solar energy systems:

General provisions, administration and permits. Articles I, II and III of this chapter apply to this section.

Application and permit fee. The application fee is $1,500 and the permit fee is $500 per MW.

LSPSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing LSPSES, whether or not existing prior to the effective date of this section that expands the LSPSES shall require approval under this section. Routine maintenance or replacements do not require a permit.

The LSPSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with municipality's Building Code, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

All on-site utility transmission lines and plumbing shall be placed underground. If, however, the applicant can demonstrate that this would not be feasible, then this requirement may be waived by the reviewing authority.

The owner of a LSPSES shall provide the CEO written confirmation that the public utility company to which the LSPSES will be connected has been informed of the customer's intent to install a grid connected system. The owner shall provide a copy of the final inspection report and connection approval from the utility company to the CEO prior to the issuance of a certificate of occupancy for the LSPSES.

If a LSPSES is being used as an accessory use for commercial/industrial activity on another property, then the CEO shall be informed of the intent of the LSPSES.

Signage shall comply with the Town's applicable sign ordinance.

All LSPSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

Ground-mounted principal solar energy systems:

Minimum lot size and lot frontage.

The LSPSES shall meet the lot size requirements of the applicable zoning district.

The LSPSES is exempt from the applicable zoning district's lot frontage requirement. The applicant must provide proof that it has authorization to construct, use and maintain the access drive required in Subsection B(9) below for the life of the project and including the decommissioning of the project.

Setbacks.

LSPSES shall be setback a minimum of 35 feet from the property lines.

Height.

Ground-mounted LSPSES shall comply with the building height restrictions for principal buildings of the applicable zoning district.

Impervious coverage.

The surface area of the arrays of a ground-mounted LSPSES, regardless of the mounted angle of any solar panels, may or may not be considered impervious contingent upon conformity with the stormwater management plan required in Subsection B(5)(a) below.

Stormwater.

The applicant shall submit a stormwater management plan, certified by a licensed engineer that demonstrates stormwater from the LSPSES will infiltrate into the ground beneath the LSPSES at a rate equal to that of the infiltration rate prior to the placement of the system.

Screening.

Ground-mounted LSPSES shall be screened from view of any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of a vegetative barrier which provide a visual screen. In lieu of a vegetative screen, a fence that provides visual screening and meets requirements of the controlling ordinance may be used.

Ground-mounted LSPSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Security.

All ground-mounted LSPSES shall be completely enclosed by chain-link fencing that consists of a minimum eight-foot-high fence with a locking gate, or as designated by the CEO.

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the LSPSES informing individuals of potential voltage hazards.

Access drives shall be maintained to allow for maintenance and emergency management vehicles. As a minimum, drives must meet the Town's common driveway standards in Chapter 230.

If a ground-mounted LSPSES is removed, any earth disturbance must be graded and reseeded.

The LSPSES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

Site Plan review design and operation standards for ground-mounted LSPSES that occupies more than 1,750 square feet of surface area (equivalent to a rated nameplate capacity greater than 10 kW DC).

Site control. The project applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar energy system.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the LSPSES, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

Utility notification. No grid-intertied photovoltaic system shall be installed until evidence has been given to the Planning Board that the applicant has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

Lighting. Lighting shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be shielded from interference with abutting properties. Lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage. Signs shall comply with Town's sign ordinance. A sign shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.

Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(g)

Emergency services. LSPSES owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall coordinate with local emergency services in developing an emergency response plan. A "3200 Series Knox-Box" shall be provided and installed by the operator to be used to allow emergency service personnel continuous access. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(h)

Solar energy system installation conditions. The LSPSES owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Public Safety Officials. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s).

(i)

Modifications. Any material modifications to a large-scale ground-mounted solar energy system made after issuance of the required Town permit(s) shall require approval by the CEO and/or Planning Board.

(j)

Control of noise. Must meet the requirements in Appendix B of § 300-68 in this chapter.[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

(k)

Decommissioning plan. Must meet the requirement in Appendix C of § 300-68 in this chapter.[2]

Editor's Note: Appendix C is included as an attachment to this chapter.

Roof-mounted principal solar energy systems:

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of supporting the collateral load of the LSPSES.

LSPSES mounted on roofs of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the applicable zoning district.

§ 300-70 Medium-scale principal solar energy systems (MPSES).

[Amended 1-11-2016 by Ord. No. 13-2015]

Regulations applicable to all medium-scale principal solar energy systems:

General provisions, administration and permits. Articles I, II and III of this chapter apply to this section.

Permit fee. The permit fee is $0.50 per kW installed with a minimum fee of $50.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

MPSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing MPSES, whether or not existing prior to the effective date of this section that expands the MPSES shall require approval under this section. Routine maintenance or replacements do not require a permit.

The MPSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory(ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with municipality's Building Code, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

The owner of a MPSES shall provide the CEO written confirmation that the public utility company to which the MPSES will be connected has been informed of the customer's intent to install a grid connected system. The owner shall provide a copy of the final inspection report and connection approval from the utility company to the CEO prior to the issuance of a certificate of occupancy for the MPSES.

If a MPSES is being used as an accessory use for commercial/industrial activity on another property, then the CEO shall be informed of the intent of the MPSES.

All MPSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

Ground-mounted medium principal solar energy systems:

Minimum lot size and lot frontage.

The MPSES shall meet the lot size requirements of the applicable zoning district.

The MPSES is exempt from the applicable zoning district's lot frontage requirement.

Setbacks.

MPSES shall be setback a minimum of 20 feet from the property lines.

Height.

Ground-mounted MPSES shall comply with the building height restrictions for principal buildings of the applicable zoning district,

Ground-mounted MPSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system. Exception, MPSES may be placed within a legal easement that is specifically provided for MPSES.

If a ground-mounted MPSES is removed, any earth disturbance must be graded and re-seeded.

The MPSES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

Roof-mounted medium principal solar energy systems:

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of supporting the collateral load of the MPSES.