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Wind Energy Facility Ordinance for the Town of Dixfield  

Author:  | Maine, Ordinances

Section 11. Approval and Performance Standards

11.1 Setback

A WEFU or WEFS shall comply with the following setback requirements. If more than one (1) set back requirement applies, the greater set back distance shall be met. All measurements shall be based on horizontal distances.

11.1.1 All WEFUs shall be set back a horizontal distance of four thousand (4,000) feet from any Occupied Building in Dixfield and two thousand (2,000) feet from the boundaries of the Project Parcel unless the Applicant submits in writing: 1) a waiver of the Occupied Building setback signed by the pertinent abutting landowner and; 2) evidence such as operating protocols, safety programs, or recommendations from the manufacturer or a licensed professional engineer with appropriate expertise and experience with WEFUs, demonstrating that the reduced set back proposed by the Applicant will not cause the WEFU to violate any other approval standards of this Ordinance.

11.1.2 All WEFUs must be set back a minimum of four thousand (4,000) feet from any Scenic or Special Resource as defined in Section 4.0 of this Ordinance.

11.1.3 Each WEFU shall be equipped with an over-speed control system that: 1) 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 2) has been designed by the manufacturer or a licensed engineer and found by the Board, based on its review of a written description of the design and function of the system, to meet the needs of public safety.

11.1.4 WEFUs shall be setback a horizontal distance equivalent to one hundred and fifty percent (150%) of the Turbine Height from Project Boundaries, Occupied Buildings, public and private rights-of-way and overhead utility lines that are not part of the proposed WEFS. No waiver of this standard is permitted. …

11.10.2 Sound Limits

No Permit shall be issued if the pre-permit information or sound study indicates that the proposed WEFU or WEFS will not comply with the following requirements, which are to apply at all Sensitive Receptors within four thousand (4,000) feet of any WEFU, except on Project Parcel(s) or on a Participating Parcel(s) which is subject to a Mitigation Waiver which specifies different sound limits than those below.

If pre-construction estimates of the post-construction sound levels exceed the limits below, then the WEFU or WEFS Application shall be denied; if these limits are exceeded after the WEFU or WEFS has been built, then the WEFU or WEFS will be in violation of this Ordinance:

A. The sound limits below are stated in terms of LeqA (post). Prior to construction of the WEFU or WEFS, the “pre” values are as measured and the “post” values are as calculated. After the WEFU or WEFS has been constructed, the “pre” values are the WEF-OFF values and the “post” values are the WEF-ON values.

B. Audible Sound Limit

1) No WEFU or WEFS shall be located so as to generate post-construction sound levels that exceed thirty-five (35) dBA at night (7:00 p.m. to 7:00 a.m.) or forty-five (45) dBA during the day (7:00 a.m. to 7:00 p.m.) anywhere in the Town beyond the boundaries of the Project Parcel and all Participating Parcels whose owners have waived noise restrictions.

2) No WEFU shall be allowed to operate if it exceeds fifty (50) dBC anywhere in the Town beyond the boundaries of the Project Parcel and all Participating Parcels whose owners have waived noise restrictions. …

D. Post-Construction Sound Measurements. Starting within twelve (12) months after the date when the WEFU or WEFS has begun operating, a post-construction sound study shall be performed for all WEFUs or WEFSs that are operating. Post-construction sound studies shall be conducted by a Qualified Independent Acoustical Consultant. The Permittee shall also pay for a Qualified Independent Acoustical Consultant chosen by the Planning Board to review the Permittee’s study. The Permittee shall deposit the estimated cost of such review upon notification by the Board. The Town’s consultant may observe the Permittee’s consultant’s monitoring. The Permittee shall provide all technical information required by the Board or Independent Qualified Acoustical Consultant before, during, and/or after any acoustical studies required by this document and for local area acoustical measurements. The Post-construction sound measurements shall be repeated every three (3) years throughout the life of the facility and submitted to the Code Enforcement Officer. The applicant may seek a waiver from the Code Enforcement Officer of all but the first post-construction measurements if no valid noise complaints are received during the previous three (3) year period.

E. Pre-construction and post-construction monitoring shall report sound levels in terms of LeqA, L90A, LeqC, and L90C for each hour of the monitoring period.

Download original document: “Wind Energy Facility Ordinance for the Town of Dixfield

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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