Article VII Special Criterion (The following project categories will require special standards in addition to standards in Article V)

Wireless communication facilities may be either freestanding or building-mounted.

A freestanding communications tower shall be a monopole-type construction and shall not exceed 175 feet in height.

A building-mounted structure shall not extend more than 15 feet above the primary roof line of the building upon which it is mounted.

In order to protect public safety, the minimum horizontal distance from the base of any freestanding tower to any property line, road, or residential structure shall be equal to 50% of the height of the structure. A security fence at least eight feet in height shall be installed to completely enclose the tower and any associated buildings or structures.

All wireless communications facilities shall be designed to facilitate co-location of services. Accommodation for co-location shall be demonstrated at the time of application.

No wireless communication facility shall commence construction without a commitment for occupancy from at least one communication service provider. If at any time a facility has not supported a communication service provider for a period of six consecutive months, the Planning Board may declare the facility abandoned and order its removal. If the facility tower has not been removed within 90 days of such order, the Town shall contract to remove the tower and assess the cost to the property owner, said cost to become a lien against the property.

Visual impact of facilities shall be minimized, through choice of siting, design of the structure itself, or structural or vegetative buffering. No signage shall be placed on the tower itself, except for warning signs at the base. Signs on supporting buildings and structures shall be limited to those identifying the facility, the owner and operator, and emergency contact information.

Lighting of towers and antennae shall be prohibited except as required by the Federal Aviation Administration.

§ 484-43 Wind energy conservation systems (windmills).

In review of the application for a wireless communication facility, the Planning Board is specifically authorized to retain an expert in the field of RF engineering to review technical details of the application. The cost of this expertise shall be borne by the applicant through the technical review fee and such additional assessment as is necessary.

(10)

Prior to the start of construction and applicant shall provide the town proof of adequate liability insurance.

General standards:

The minimum distance between the ground and any part of a rotor blade system shall be 50 feet.

All access doors to towers and electrical equipment shall be lockable.

Towers shall not be artificially lighted, except as required by the FAA or other applicable authority. All lights shall be designed to minimize visibility from the ground to the extent allowed by the FAA or other applicable authority.

Turbines shall have an automatic braking, governing, and/or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and turbine components caused by extremely high winds, icing or other weather phenomena.

Turbines shall be equipped with a fire suppression system that will extinguish any fire located in the nacelle portion of the turbine.

The tower and all ground-level equipment such as transformers and substations shall be enclosed within a security fence at least eight feet in height. The fence shall be placed a minimum distance from the tower of three times the radius of the rotor blades.

Wiring. All wiring between generating facilities and transformers or substations shall be underground unless the developer provides evidence that underground wiring is unfeasible.

Setbacks:

Facilities will be required to meet a minimum setback distance from all property lines equal to 1.5 times the height of the tower plus the length of one blade.

Towers shall be set back at least 2,500 feet from wetlands of high value for waterfowl and wading bird habitat as identified by Maine Department of Inland Fisheries and Wildlife.

Advertising. Towers and turbines shall not contain advertising except for reasonable identification of the manufacturer and/or operator of the wind energy facility. Appropriate warning signs shall be placed on electrical equipment and facility entrances.

Visual impact. The installation shall minimize visual impact, through choice of siting, design of the structures, or structural or vegetative buffers in conformance with § 484-25 of this chapter.

Insurance. The owner/operator of the facility shall maintain a current general liability policy 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 Town and approved by the Planning Board and Select Board.

Raptor habitat. The facility shall avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as electrical equipment boxes on or near the ground that could provide shelter/warmth, or horizontal perching opportunities on the towers or related structures.

Decommissioning standards.

The owner/operator of any wind energy facility shall, at their expense, be responsible for complete decommissioning of the project and site restoration within 12 months after it ceases to generate electricity, or after its permit has been revoked. Abandonment will be grounds for immediate revocation of permit.

Decommissioning shall include the removal of all parts of the project (including foundations) in accordance with local, state and federal laws and regulations. Areas of disturbed earth shall be graded, seeded or otherwise revegetated following guidelines provided by the Town of Madison.

A professional engineer shall be chosen by the applicant and approve by the Planning Board and paid by the applicant to produce a detailed cost estimate of the total decommissioning cost without consideration to the salvage value of the wind energy facility. A detailed estimate will include, but not be limited to, itemized quantities of all units of work and materials to be salvaged or scrapped, copies of all contractor quotes, trucking quotes, copies of quotes from all material salvage or scrap yards, hazardous and special waste disposal cost quotes, and units of all other work required to complete the decommissioning. No permit will be issued until decommissioning funds have been posted by the applicant with a bonding company or a federal or state chartered lending institution (the escrow agent) authorized to conduct such business in the State of Maine and approved by the Town of Madison Planning Board and Select Board.

Estimates, as described above, shall be redone annually on the anniversary of the granting of a project permit and at the time of any transfer of ownership. The owner/operator of the project shall be required to maintain decommissioning funds that are at least equal to the most recent estimate. Annual estimates and proof of decommissioning funds shall be submitted to the Town for review.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit or other form of financial assurance acceptable to the Town of Madison Planning Board and Select Board.

If the owner/operator of the project does not complete decommissioning within the time prescribed in this chapter, the Town of Madison may take such actions as necessary (including court action) to secure the posted decommissioning funds and to ensure completion of the decommissioning.

The escrow agent shall not release the decommissioning funds except upon written approval of the Town of Madison Planning Board and Select Board.

§ 484-44 Photovoltaic systems (solar arrays).

Any facility that is unused or out of service for more than a period of 18 continuous months shall be considered abandoned and shall be removed as soon as practicable. The Town of Madison is hereby authorized to contract removal of the development and assess the cost of said removal as a lien against the property.

Definitions. The following words and phrases, as used in this section, have the meaning as specified below. Any words not defined below are assumed to have their normal dictionary meaning.

SOLAR ACCESS

The ability of one property to continue to receive sunlight across property lines without obstruction from another's property (buildings, foliage or other impediment).

SOLAR ENERGY SYSTEM, GROUND MOUNTED

A solar energy system that is structurally mounted to the ground and is not roof-mounted.

SOLAR ENERGY SYSTEM, ROOF MOUNTED

A solar energy system that is mounted on the roof of a building of structure.

General standards.

Solar energy system 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), the Institute of Electrical and Electronics Engineers (IEEE), the Solar Rating and Certification Corporation (SRCC), the Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC), the National Fire Protection Association (NFPA 70E), the National Electric Code, or other similar certifying organizations, 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 Planning Board.

Solar energy systems shall be situated to eliminate concentrated glare onto nearby structures or roadways.

Solar energy systems shall be screened from view of any adjacent property that is used for residential purposes. The screen shall consist of a vegetative barrier which provides a visual screen and is in conformance with § 484-25 of this chapter. In lieu of a vegetative screen, a fence that provides visual screening and meets requirements of this chapter may be used with Planning Board approval.

Solar energy systems shall be completely enclosed by a secure fence that consists of a minimum eight feet high fence with a locking gate. The fence should be constructed in such a way to allow for passage of small animals at its lowest point. A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the solar energy system informing individuals of potential voltage hazards.

Solar energy systems shall be designed and sited to prevent the disruption of loss of emergency or private radio, telephone, television or similar signals. Interference with such communications shall be grounds for ordering the immediate shut down of the solar energy system until the interference has been remedied.

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

The color of solar energy systems shall be off-white or grey or some other unobtrusive color approved by the Town of Madison Planning Board (exempt collectors/panels).

Solar energy systems shall not be used to display signs or advertising except for signs at ground level identifying the equipment manufacturer, the system owner/operator, emergency contact information, and appropriate warnings as required by national, state and local laws.

(10)

All construction activities must conform to the approved application, including any conditions of approval and changes approved by the Planning Board.

(11)

If at any time it appears necessary or desirable to modify the approved plans before or during construction of the solar energy system, the applicant shall submit to the Planning Board an amended plan for review and approval.

(12)

The solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Town of Madison. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. A key box shall be used to allow emergency service access. All means of shutting down the solar facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(13)

No ground mounted solar energy system shall exceed 22 feet of overall height. Roof-mounted medium and large solar energy systems may exceed maximum building height by five feet.

(14)

All applications must include a detailed plan for vegetation removal and control.

Environmental standards.

If required by the laws of the State of Maine, a Department of Environmental Protection Site Location of Development permit shall be obtained and submitted with the application.

The design, construction and maintenance of solar energy systems shall protect all environmentally sensitive areas that may be affected by its siting. Such areas shall include, but not limited to, wetlands, significant vernal pools, seeps or springs, steep slopes (equal or greater than 15%), 100-year floodplains, significant habitat for wildlife, fish and plants as defined by the Maine Department of Inland Fisheries and Wildlife, the Maine Beginning with Habitat Program (non-regulatory/advisory), or the Town of Madison. An application for a permit shall demonstrate appropriate measures for protecting all such areas during both construction and operation of the project.

Solar energy systems shall be designed, constructed, and maintained so as to avoid undue adverse impacts to groundwater, including, but not limited to, sand and gravel aquifers. The Planning Board may require as condition of issuing a permit for solar energy systems that a pre-condition baseline study of the site's groundwater and/or all the wells, springs, and public water sources within the watershed of the project site be conducted. The study shall be designed and carried out by a water quality professional chose by the applicant and approved and contracted by the Planning Board and paid by the applicant.

Within one year after the completion of construction of a solar energy system, for which the Planning Board has required a preconstruction baseline water quality study as described in § 484-44C(3) of the chapter, and each subsequent year thereafter, a post-construction water quality study of all previously tested sites shall be designed and carried out by a water quality professional chosen by the owner/operator and approved by the Planning Board and paid and contracted by the owner/operator. If degradation or contamination is found to have occurred, fines and/or permanent remedies as required by the Town of Madison or the State of Maine shall be the responsibility of the owner/operator.

The applicant shall provide Safety Data Sheets, in accordance with the Hazard Communication Standard [29 CFR 1920. 1200(g)], for all hazardous materials or products containing hazardous materials.

Road damage. The applicant shall identify all state and local public roads to be used within the Town to transport equipment and parts for construction, operation or maintenance. Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense. The Town shall engage a qualified third-party engineer reasonably acceptable to the applicant and paid for by the applicant, who shall document road conditions prior to construction.

Insurance. The owner/operator of the facility shall maintain a current general liability policy for the solar energy systems 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 Town and approved by the Planning Board and Select Board.

Decommissioning standards. In the event that the application requires a detailed decommissioning plan from the Maine Department of Environmental Protection, a copy of that plan will be provided by the applicant. In the event that there is no plan required by Maine DEP, the applicant will adhere to the following standards:

The owner/operator of any solar energy system shall, at their expense, be responsible for complete decommissioning of the project and site restoration within 12 months after it ceases to generate electricity, or after its permit has been revoked. Abandonment will be grounds for immediate revocation of permit.

A professional engineer shall be chosen by the applicant and approve by the Planning Board and paid by the applicant to produce a detailed cost estimate of the total decommissioning cost without consideration to the salvage value of the photovoltaic panels (solar panels). A detailed estimate will include, but not be limited to, itemized quantities of all units of work and materials to be salvaged or scrapped, copies of all contractor quotes, trucking quotes, copies of quotes from all material salvage or scrap yards, hazardous and special waste disposal cost quotes, and units of all other work required to complete the decommissioning. No permit will be issued until decommissioning funds have been posted by the applicant with a bonding company or a federal or state-chartered lending institution (the escrow agent) authorized to conduct such business in the State of Maine and approved by the Town of Madison Planning Board and Select Board.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit or other form of financial assurance acceptable to the Town of Madison Planning Board and Select Board.

The escrow agent shall not release the decommissioning funds except upon written approval of the Town of Madison Planning Board and Select Board.

§ 484-45 Battery storage facilities.

General standards.

Battery storage facility 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), and the Institute of Electrical and Electronics Engineers (IEEE), the Electrical Testing Laboratory (ETL), the National Fire Protection Association (NFPA 70E), the National Electric Code, or other similar certifying organizations, 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, to include stamped engineering plans to include, but not be limited to footing standards and fire protection.

Battery storage facilities shall be completely enclosed by a secure fence that consists of a minimum eight-foot-high fence with a locking gate. A clearly visible warning sign shall be placed on the fence informing individuals of potential voltage hazards.

Battery storage facilities shall not be used to display signs or advertising except for signs at ground level identifying the equipment manufacturer, the facility owner/operator, emergency contact information, and appropriate warnings as required by national, state and local laws.

§ 484-46 Salvage yards/automobile graveyard.

The applicant shall provide safety data sheets, in accordance with the Hazard Communication Standard [29 CFR 1920.1200(g)], for all hazardous materials or products containing hazardous materials.

Insurance: The owner/operator of the facility shall maintain a current general liability policy for the battery storage 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 Town and approved by the Planning Board and Select Board.

Decommissioning standards: In the event that the application requires a detailed decommissioning plan from the Maine Department of Environmental Protection, a copy of that plan will be provided by the applicant. In the event that there is no plan required by Maine DEP, the applicant will adhere to the standards outlined in § 484-44F(1) through (8).

It shall be the responsibility of the Planning Board to review applications for salvage yards, junkyards, automobile graveyards and automobile recycling facilities following the criteria and performance standards outlined in the Town of Madison Ordinance Chapters 484 and 154 and Title 30A Chapter 183 §§ 3751 through 3760. Per Chapter 154 of the Town of Madison Code of Ordinance, the Madison Select Board shall issue permits for salvage yard, junkyards, automobile graveyards and automobile recycling facilities, once the proper findings of fact has been completed by the Planning Board.

Permitting: Any person wishing to locate a new automobile graveyard or junkyard within the Town shall apply for a permit required by state law pursuant to 30-A M.R.S.A. § 3751 et seq. The application shall present either a permit from the Maine Department of Environmental Protection or a letter from the DEP stating that a permit is not required.

Map requirements. The site plan map must consist of three prints to be retained by the Town, with a maximum size of 30 inches by 48 inches and at a scale of between one inch equals 40 feet and one inch equals 100 feet. The applicant must also submit the map electronically. The map must include the following:

Date, title, scale, North arrow, name of project.

A boundary outline with dimensions and lot area, in relation to surrounding streets, walls and adjoining land and land uses.

Names and addresses of present landowners and abutting landowners.

Locations of existing buildings and other structures, fire hydrants, streetlights, utility poles, underground water and sewer facilities, existing trees greater than 10 inches in diameter and other natural landscape features.

Preliminary design drawings of site plans, floor plans, elevations in sufficient detail to show access, layout and building construction or modification.

Location and dimension of all proposed buildings and private and public utilities.

Location map.

All necessary easements, shown on plan.

The location of any sand and gravel aquifer or aquifer recharge area, as mapped by the Maine Geological Survey, or a licensed geologist.

(10)

The location of any residences or schools within 500 feet of the area where cars or junk will be placed.

(11)

The location of any water bodies (as defined by Maine DEP) on the property or within 200 feet of the property lines.

(12)

The boundaries of the 100-year floodplain.

Performance standards.

An effective visual screen at least six feet in height shall be located and maintained around all sides of the area where junk or automobiles are deposited or along all property lines.

No vehicles or junk shall be stored within 300 feet of any water body or inland wetland.

No vehicles or junk shall be stored within 500 feet of any residence, private well or school.

No vehicles or junk shall be stored over a sand and gravel aquifer or aquifer recharge area as mapped by the Maine Geological Survey or by a licensed geologist.

No vehicles or junk shall be stored within the 100-year floodplain.

Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable federal and state laws, rules and regulations regarding disposal of waste oil and hazardous materials. No discharge of any fluids from any motor vehicle or junk shall be permitted into or onto the ground.

All vehicles or junk shall be located no closer than 100 feet to all lot lines.

To reduce noise, all dismantling of motor vehicles with power tools shall be done after 7:00 a.m. and before 9:00 p.m.