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Recommendations for Industrial Wind Turbine Land Use Ordinance: Setbacks  

Author:  | Health, Maine, Noise, Ordinances

Rationales and supporting research are provided in the complete document . . .

Recommendation #1: Setbacks for Occupied Buildings
Each wind turbine shall be set back from an occupied building a distance of no less than 1 mile, as measured from the center of the wind turbine plus blade length to the closest point of the building. Property owners may waive this setback with a written agreement of mitigation (see “Mitigation Waiver”). An “occupied building” means those structures which are, or are likely to be, occupied by persons or animals and include, but are not limited to dwellings, businesses, places of worship, schools and barns.

Recommendation #2: Setbacks for Abutting Property Lines
Each wind turbine shall be set back from the nearest abutting property line a distance of no less than one-half (½) mile, as measured from the center of the turbine plus blade length to the closest point of the abutting property. Property owners may waive this setback with a written agreement of mitigation (see “Mitigation Waiver”).

Recommendation #3: Mitigation Waiv
er
Property owners may waive setback requirements for occupied buildings and abutting properties by entering into a written “Mitigation Waiver” negotiated between the wind turbine owner/operator and the affected property owner. The “Mitigation Waiver” must submitted to the Planning Board as part of the application process. The “Mitigation Waiver” must be recorded in the Waldo County Register of Deeds office, describe the benefited and burdened properties, and advise all subsequent owners of the burdened property.

Recommendation #4: Occupied Building Setback Grace Period
As part of the permitting process for each industrial wind turbine development project, the Planning Board will set a grace period for land-owners to declare their intent to build an occupied building within one mile of a wind turbine. At the onset of this grace period, landowners will have a one-time, six (6)-month period in which to declare their intent to build an occupied building by submitting a building permit to the Town Clerk, including all required fees and documentation. The property owner will then have two years from submitting the permit to complete the structure. During the initial 6-month period, and the subsequent 2-year period, this project will be treated as an existing occupied building for the purpose of setback requirements. Non-compliance with these deadlines will cause the abutting property owner to forfeit their rights under this setback grace period.

Recommendation #5: Public Road Setbacks
Each wind turbine shall be set back from the nearest public road and its right of way a distance no less than 1680 feet.

Download original document: “Jackson Wind Subcommittee Setback Recommendations

This article is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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