The purpose of this Ordinance is to allow ground mounted solar energy systems in certain districts subject to setback, height, screening, maintenance, safety, and decommissioning requirements and Planning Board review. Refer to Section 70-531 Table of Land Uses. The Zoning district designation for a particular site shall be determined from the Zoning Map of Lisbon, Maine.

(C.M. of 8-17-2021, V. 2021-179)

This Ordinance shall apply to Ground Mounted Solar Energy Systems applications filed with the Planning Board for site plan review pursuant to Chapter 62. Site Plans.

(C.M. of 8-17-2021, V. 2021-179)

(a)

This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution, provisions of 30-A M.R.S. § 3001, Ordinance Power, and the provisions of 30-A M.R.S. § 4352, Zoning.

(b)

To the extent that any provision of this Ordinance is deemed invalid by a court of competent jurisdiction, such provision shall be removed from the Ordinance and the balance of the Ordinance shall remain valid.

(c)

Whenever a provision of this Ordinance conflicts with or is inconsistent with other provisions of this Article, or of any other ordinance, regulation or standard, the more restrictive provision shall apply.

(C.M. of 8-17-2021, V. 2021-179)

Ground Mounted Solar Energy System: for purposes of this Ordinance: (a) a solar energy system that is structurally mounted to the ground; (b) has a physical size based on total airspace projected over the ground that is greater than 20,000 square feet; and (c) that is not directly connected to a Residential Structure.

(C.M. of 8-17-2021, V. 2021-179)

(a)

Ground Mounted Solar Energy Systems in residential zoning districts shall not exceed twelve (12) feet in height when oriented at maximum tilt. Ground Mounted Solar Energy Systems shall not exceed twenty-five (25) feet in height when oriented at maximum tilt in Commercial, Industrial and Diversified Development zoning districts.

(b)

Minimum front setback shall be 50 feet, minimum side setback shall be 50 feet and minimum rear setback shall be 50 feet.

(c)

Lot coverage for Ground Mounted Solar Energy Systems shall be calculated based on the area of the supporting structure that is in contact with the ground and not the area of the panels, as long as the area under the panels remains vegetated and there is sufficient space between the panels to allow sunlight necessary to sustain live growth.

(C.M. of 8-17-2021, V. 2021-179)

(a)

Subject to the approval of the Lisbon Planning Board, the lots on which Ground Mounted Solar Energy Systems are located shall be buffered from roads and residences by plantings, berms, and natural topographical features.

(b)

Subject to the approval of the Lisbon Planning Board, the lots on which Ground Mounted Solar Energy Systems are located shall be protected by a perimeter fence designed to allow for passage of wildlife. One or more signs shall be affixed to the fence identifying the owner of the facility and 24-hour emergency contact information. A KnoxBox, or other system agreed to by the Fire Chief, that provides emergency access inside the security gate shall be installed.

(c)

For purposes of emergency services, the owner or operator of a Ground Mounted Solar Energy Systems shall provide a copy of the project summary, electrical schematic, and site plan to the Lisbon Fire Chief. All means of shutting down the system shall be clearly marked on the plan. The owner or operator shall identify a responsible person to the Fire Chief for public inquiries throughout the life of the installation.

(d)

The owner or operator of a Ground Mounted Solar Energy System shall maintain the facility in good condition. Maintenance shall include but not be limited to, painting, structural repairs, vegetation control and integrity of security measures. Site access shall be maintained to a level acceptable to the Lisbon Fire Chief. The owner or operator shall be responsible for the cost of maintaining the access road(s).

(e)

The owner or operator of a Ground Mounted Solar Energy System shall build and maintain it in compliance with all relevant Federal, State and Local Laws, Regulations, and Ordinances.

(C.M. of 8-17-2021, V. 2021-179)

After the plan is approved but before a permit is issued, the applicant for a Ground Mounted Solar Energy System shall submit to the Town of Lisbon a copy of the decommissioning plan for the system submitted and approved in accordance with MRS Title 35-A SubSection 3495. Requirements of the subsection shall be met in all respects and copies of the required updates shall be submitted to the Town of Lisbon Codes Enforcement Officer in the same manner and timeframes as required by that Maine State statute. Having met the state requirements shall be sufficient to meet the Town of Lisbon requirements for this matter.

(C.M. of 8-17-2021, V. 2021-179; C.M. of 10-4-2022, Vote No. 2022-213)

(a)

Any Ground Mounted Solar Energy System that has reached the end of its useful life, ceases to generate power or has been abandoned shall be removed pursuant to a plan approved by the Lisbon Planning Board during the application process. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Code Enforcement Officer by certified mail, return receipt requested, of the proposed date of the discontinued operations and plans for removal.

(b)

Decommissioning shall consist of:

(1)

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site;

(2)

Disposal of all solid and hazardous waste in accordance with Local, State and Federal waste disposal regulations; and

(3)

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Code Enforcement Officer may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruptions to vegetation.

(c)

Absent a notice of a proposed date of decommissioning or written notice of extenuating circumstances, Ground Mounted Solar Energy Systems shall be considered abandoned when it fails to generate electricity for more than one year without having first obtained the written consent of the Code Enforcement Officer. Determination of abandonment shall be made by the Code Enforcement Officer.

(d)

If the owner or operator of a Ground Mounted Solar Energy System fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Town of Lisbon retains the right to use the performance guarantee and any and all legal or available means necessary to cause an abandoned, hazardous or decommissioned solar energy system to be removed.

(C.M. of 8-17-2021, V. 2021-179)

This ordinance shall take effect 21 days after enactment by the Town of Lisbon unless otherwise provided and shall remain in effect until it is amended or repealed.

(C.M. of 8-17-2021, V. 2021-179)

This ordinance shall be enforced by the municipal officers or their designee. Violation of this ordinance shall be subject to the enforcement and penalty providions of 30-A, M.R.S. § 4452, Enforcement of Land Use Laws and Ordinances.

(C.M. of 8-17-2021, V. 2021-179)

Town Parks and Gardens Temporary Community Event Signs
CRITERIA

196 Parks and Gardens: Town Gateways (Gateway Signs), Gazebo Park, Thomas Field Memorial Park, Smith McCarthy, Oak Street Park

1. All other standards and regulations under Temp Signs 70-720 shall still apply.

2. All temporary community, charitable, or non-profit event or activity signs that are requested to be placed on a town park or garden property should first seek to determine if an alternative location is available or appropriate. If an alternative location is not sufficient or appropriate, the applicant must provide a statement indicating why.

3. All content for community or charitable event or activity signs must be appropriate and in good taste. The Town of Lisbon reserves the right to reject any request for temporary signs which it deems have inappropriate content.

4. During periods of large, town-wide community events where there may be multiple activities for multiple community groups, every effort shall be made to ensure temporary signs are carefully placed and do not create unnecessary clutter. Town parks and gardens properties shall still be limited to 1 sign per property, on a first-come, first-serve basis (with approval).

Town Parks and Gardens Temporary Community Event Signs
PROCEDURE

For requests to place a temporary sign for community, charitable or non-profit events or activities on a town park or garden property along Route 196, per Chapter 70, Division 5 (Signage).

1. Complete an application form and submit to town manager. Application shall include a sketch or drawing showing sign content, design and dimensions.

2. Town manager shall review application to ensure it is complete and if all necessary criteria met, and shall forward the application to the code enforcement officer and parks director. The town manager shall make a determination on the duration of the sign posting (length of time allowed under the Signage Ordinance), and if an alternate location should be considered.

3. Once approved, community event signs will be given a temporary sign permit number, filed with code enforcement office. This sign permit number must be marked on the sign with permanent marker or other permanent means, along with the permit period (dates), for purposes of enforcement. For example:

Lisbon Temporary Sign Permit #XXXX
Permit Date MM/DD/YY through MM/DD/YY

4. Approved temporary community signs must be removed by the organization or person responsible for its placement. Expired signs shall be removed by the town, and if an organization has a record of not removing its temporary signs, future temporary sign applications may be denied.

Editor's note— At the city's direction, the following application form has been included at the end of Chapter 70.

Town of Lisbon, Maine
Town Parks & Gardens Temporary Community
Event Sign Application

In accordance with the requirements of the Town of Lisbon code, Chapter 70 Division 5 Sec. 70-720 Temporary Signs, any person or organization requesting to place a temporary sign for a community, charitable or non-profit event or activity on an identified Town Park or Garden Property (listed below) shall complete this application form and seek approval from the Lisbon Town Manager.

In order to be approved, the applicant shall complete this form and demonstrate they have met the criteria as set forth by the Planning Board and Town Council for placing community event signs on a Town Parks and Gardens Property. Please note that the intent under the Temporary Sign ordinance is to limit signage on the public parks and gardens along Route 196 in order to maintain the visual character and cultural significance of these sites. However, the need to promote community and charitable events is recognized, and the town wishes to support these activities while balancing the need to keep parks and gardens beautiful.

Basic requirements:

•

1 sign per parks/gardens property

•

Maximum sign dimension 36 square feet

•

Sign shall not be placed in a garden or landscaped area, may not block any other (permanent) sign, and must not block vehicle sight distances at intersections, driveways, or along the road

Applicant Information

Page 1 of 2

ATTACHMENTS:
Please attach the following to this form:

_____ Sketch or mock-up of proposed sign, indicating proposed materials used

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