This Article 2-13 is adopted pursuant to 30-A M.R.S.A. § 3001.
The purpose of this Article 2-13 is to provide for the construction and operation of wind energy systems, subject to reasonable conditions that will protect the public health, safety and welfare.
If there is a conflict between the provisions of this article and another ordinance or law, the more stringent provisions shall apply.
A.
Wind energy systems require a building permit from the Code Enforcement Office.
B.
Prior to issuance of a building permit for a Type 1 wind energy system over 100 feet in height or a Type 2 wind energy system, an administrative review application shall be submitted to the Site Plan Review Committee for review and approval. The applicant shall follow the procedural requirements of Part 4, Site Plan Review, § 300-4-7, Procedures for minor developments.
C.
Expiration. A permit issued pursuant to this section shall expire if the wind energy system is not installed and functioning within 18 months from the date the permit is issued.
As used in this article, the following terms shall have the meanings indicated:
A tower used for the collection and measurement of wind data that supports various types of equipment, including, but not limited to, anemometers, data recorders, solar power panels, and temporary electrical power and battery storage power. MET towers are erected on a temporary basis primarily to collect data relevant to the siting of a small wind energy system.
The frame and housing at the top of the tower that encloses the gearbox and generator.
The individual or entity that intends to own and operate the small wind energy system in accordance with this article.
The maximum rated output of electric power production equipment. The manufacturer typically specifies this output with a "nameplate" on the equipment.
Structure that supports a wind turbine.
The distance measured from the surface of the tower foundation to the highest vertical point of any turbine rotor blade.
A wind energy system having a maximum generating capacity of 100 kw.
A wind energy system generating more than 100 kw which does not require a state permit issued by the Maine Department of Environmental Protection.
A wind energy system generating more than 100 kw which requires a state permit issued by the Maine Department of Environmental Protection.
A system for the conversion of wind energy into electricity, which is comprised of a generator, nacelle, rotor and transformer.
[Amended 8-5-2025 by Ord. No. 25-82]
A.
Type 1 wind energy systems are considered accessory uses and structures and are permitted uses on any lot that is a minimum of two acres in size in all zones in the Town of Gorham. The two-acre requirement may be satisfied through a combination of lot size and a permanent easement from an abutting landowner.
B.
Type 2 wind energy systems are a permitted use in the Rural Zone.
C.
Type 3 wind energy systems are not a permitted use.
D.
Roof-mounted, building-integrated, building-mounted or architectural wind systems shall be permitted in all zones subject to all applicable federal, state and local laws and regulations, and shall be permitted to have a maximum height of 15 feet above the maximum allowed building height in the zones, as defined in the Town of Gorham Land Use and Development Code.
Wind energy systems that are constructed and installed in accordance with the provisions of this article shall not be deemed to constitute an expansion of a nonconforming use or structure.
Wind energy systems shall be permitted in appropriate zoning districts, subject to the following requirements:
A.
Height.
(1)
The maximum turbine height shall be 100 feet for Type 1 wind energy systems in the Little Falls Village Center, Gorham Village Center, Urban Residential and Office Residential Zones. There are no other height restrictions in other zones, provided the wind energy system meets the setback requirements in Subsection B and all other federal and state regulations.
(2)
The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the wind energy system.
B.
Setbacks.
(1)
The towers for a wind energy system shall be set back a distance equal to 1.5 times the maximum turbine height, measured from the center of the base of the tower to the following:
(a)
All property lines, unless appropriate easements are secured from adjacent property owners.
(b)
All inhabited or inhabitable residential structures, other than those owned or inhabited by the owner.
(c)
All overhead public utility and telephone lines, unless written permission is granted by the affected utility or telephone company.
(d)
Public and private road rights-of-way, unless written permission is granted by the owner(s) with jurisdiction over said right-of-way(s).
(e)
Other rights-of way, including railroads, utility corridors, etc.
(f)
Telecommunications towers and water towers.
(2)
The tower of any wind energy system's wind tower shall be set back from the tower of any other energy systems' wind towers a distance equal to 1.5 times the rotor diameter.
(3)
In no case shall wind energy systems be permitted within the front, side or rear setback of any property.
(4)
Guy cables for wind energy systems shall be set back at least 10 feet to any property line, unless appropriate easements are secured from adjacent property owners. Guy cables must have guy guards/markers with a minimum height of eight feet as measured along the guy.
C.
Access and safety.
(1)
The minimum distance between the ground and any part of the rotor blade shall be 15 feet.
(2)
The tower's climbing apparatus shall be no lower than 15 feet from the ground.
(3)
All access doors to wind energy system towers and electrical equipment shall be clearly labeled as such and shall be locked except during maintenance.
D.
Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
E.
Electrical. Electrical controls and control wiring shall be wireless or underground except where necessary to connect the wind energy system to the transmission or distribution network, adjacent to that network, and shall comply with the latest adopted versions of the NFPA 70 (NEC).
F.
Design and aesthetics.
(1)
Wind energy system towers shall be monopole (freestanding or guyed), unless the Site Plan Review Committee finds that the proposed lattice tower(s) will be significantly screened by existing trees from view of abutting property owners and public rights-of-way.
(2)
Wind turbines and towers shall have a color or finish that is nonreflective and unobtrusive (galvanized steel, brushed aluminum or white) as was originally applied by the manufacturer, unless otherwise required by the Federal Aviation Administration or another governmental agency.
(3)
At wind energy system sites, the design of buildings and related structures shall use materials, colors, screening and landscaping that will blend the wind energy system to the natural setting and existing environment and structures that are consistent with Subsection I.
(4)
Wind energy systems shall not be used for displaying any advertising or signs, except for the reasonable identification of the manufacturer of the small wind energy system that may be placed on the nacelle (cover of the electrical generator) of the small wind energy system or an unobtrusive nameplate.
G.
Noise. The operation of all energy wind systems shall comply with Part 2, Article 2-1, § 300-2.8, Noise abatement, of the Land Use and Development Code and include compliance with tonal sounds as described below.
(1)
Tonal sound. A tonal sound exists if, at the property boundary of the proposed WES, including easements as applicable, the one-third octave band sound pressure level in the band containing the tonal sound exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands by five dB for center frequencies at or between 500 Hz and 10,000 Hz, by 8 dB for center frequencies at or between 160 Hz and 400 Hz, and by 15 dB for center frequencies at or between 25 Hz and 125 Hz.
(2)
If one or more of the sounds of routine operation of the development are found to be tonal sounds, five dBA shall be added to the measured hourly LAeq.
(4)
The applicant is responsible for providing sufficient evidence that the proposed wind energy system will comply with the noise standards of this section.
H.
A manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
I.
Code compliance. A wind energy system shall comply with all applicable federal, state, and local building and electrical codes.
J.
Utility notification and connection. Wind energy systems that connect to the electric utility shall comply with Title 35-A M.R.S.A. and Public Utility Commission Rule 313, Consumer Net Energy Billing (65-407 Code of Maine Rules Chapter 313).
[Amended 8-5-2025 by Ord. No. 25-82]
A.
Unsafe systems. Any wind energy system found to be unsafe by the Code Enforcement Office shall be repaired by the owner to meet current federal, state and local safety standards or shall be removed within six months from notification by the Town to the system owner of the unsafe condition.
B.
Abandonment.
(1)
A wind energy system that is not used for a consecutive twelve-month period shall be deemed abandoned. The Code Enforcement Office shall notify the owner by registered mail and shall provide 30 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action.
(2)
After receiving the response or in the absence of a response, if the Code Enforcement Office still determines the wind energy system is abandoned, the owner of a wind energy system shall remove the wind turbine from the tower at the owner's sole expense within 120 days from receipt of the original notice from the Code Enforcement Office.