Signs over show windows or doors of a business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed 20 square feet.

Real estate signs not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporally located.

Name, occupation and warning signs not to exceed four square feet located on the premises.

Official signs such as traffic control, parking restrictions, information, and notices.

Nonlighted temporary signs or banners when authorized by the Code. Enforcement Officer for a period of no more than 30 days and not to exceed eight square feet in area.

Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

Business directional signs, as defined and restricted pursuant to Title 23 M.R.S.A. §§ 1906 through 1912, as amended, provided that any such sign is located at least 200 feet from any public park or entrance to any public park.

A wall sign placed against the exterior walls of building shall not extend more than six inches outside of a building's wall surface; shall not exceed 10% of the wall area on which it is mounted; and the total square footage of all wall signs for a premises shall not exceed 500 square feet.

A projecting sign fastened to, suspended from, or supported by structures shall not:

A ground sign shall not exceed 20 feet in height, above the mean center-line street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on one side nor 200 square feet on all sides for any one premises.

A roof sign shall not exceed 10 feet in height above the roof, shall meet all the yard and height requirements for the district in which it is located, and shall not exceed 300 square feet on all sides for any one premises.

A window sign shall be placed only on the inside of commercial buildings and shall not exceed 25% of the glass area of the pane upon which the sign is displayed.

A combination of any of the above signs shall meet all the requirements for the individual sign.

A portable sign shall not be more than 50 square feet on one side and shall be set back from the right-of-way a distance of at least 10 feet. Only one sign shall be allowed per property and no permit shall be issued for a period of more than 30 days during any one six-month period.

Changeable message boards. Freestanding signs may include message boards where letters, words, and messages such as "no vacancy" may be removed and replaced, providing that they are permanently mounted within a fixed base. Changeable signs may also be affixed to a building. Electronic changeable message signs, including time-and-temperature signs, are signs "which may be changed at reasonable intervals by electronic process or remote control," and do not "include any flashing, intermittent or moving light or lights." (23 U.S.C. § 131), and in accordance with 23 M.R.S.A. § 1914(11-A), are permitted, provided that each message remains fixed on the display surface for a minimum of 1.5 seconds. For the purposes of this section, signs whose messages change by mechanical or electronic means are not prohibited as long as the intermittent lighting is used to change messages and not solely to attract attention. A "flashing" sign will continue to be prohibited except as described below. The regulatory factors in the display of an electronic changeable message signs are: duration of the message display, message transition, and frame effects. The changes of messages must be accomplished immediately. Messages may be changed only by a complete substitution of the display with transitions such as fade, scroll, sweep or dissolve to name a few not allowed. Static messages only (text and images) are permitted with a two second minimum hold rate between changes with no movement or any illusion of movement. Electronic changeable signs are not permitted in residential zones. No electronic display is permitted to view primarily onto a controlled access highway.

Temporary signs for noncommercial public or private special events. Signs for noncommercial public or private special events may not be erected earlier than 30 days prior to the commencement of the event and must be removed within 24 hours of the closure of the event. Temporary noncommercial special event signs may be no larger than 32 square feet in the aggregate. Signs allowed by this subsection may be erected off premises, with permission of the off-premises property owner. A building permit is not required but a temporary sign permit is required by the Code Enforcement Officer. No fees apply.

Only family members residing in the dwelling are employed in the home occupation.

All the standards for a home occupation listed above are met.

No sign is used at the premises.

The home occupation does not include the on-site, retail sale of goods.

No traffic is generated which is not otherwise normal for a residence and the occupation does not require that customers or clients travel to the dwelling.

No deliveries are made to the premises other than package carrier services.

Swimming pool means an outdoor-receptacle or other container, whether in or above ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more.

In-ground and aboveground pools shall meet a five-foot side yard and rear yard setback and a twenty-five-foot street yard setback. Setbacks are measured from the water's edge to the property line.

Pool accessories (such as ladders, slides and decks) shall meet a five-foot side yard and rear yard setback and a twenty-five-foot street yard setback.

Enclosed pools and their structures shall meet all required yard and setback requirements for all accessory and principal structures and uses for the zoning district in which they are located.

A fence shall be erected and maintained around every swimming pool, except that aboveground pools with sidewalls of at least 24 inches in height are exempted. A dwelling or accessory building may be used as part of the enclosure. All gates and doors opening through this enclosure shall be capable of being securely fastened at all times when not in actual use.

Pools shall be enclosed by a fence of at least four feet in height, capable of preventing children from gaining access and minimizing noise and otherwise meeting all other requirements of a fence as defined in Title 22, M.R.S.A. § 1631(1), as amended.

The proposed use shall not create more than 100 vehicle trips per day.

The permanent outside storage of goods, equipment and materials is prohibited.

The existing agricultural structure shall not be expanded in area or volume. The construction of new buildings or the conversion of nonagricultural structures is not allowed. Any expansion is limited to the construction of parking areas, driveway access and landscaping.

The outside processing, assembly, fabrication or other manufacturing activities are prohibited.

Implement a municipal policy concerning the provisions of wireless telecommunications services, and the siting of their facilities;

Establish clear guidelines, standards and time frames for the Town to regulate wireless communications facilities;

Ensure that all entities providing PWSF within the Town comply with the ordinances of Winslow;

Permit the Town of Winslow to fairly and responsibly protect public health, safety and welfare;

Encourage the siting of PWSF to co-locate, thus minimizing adverse visual impacts on the community;

Support the goals and policies of the Comprehensive Plan, especially the orderly development of the Town with minimal impacts on existing residential uses;

Protect Winslow's environmental resources and rural character as consistent with the goals and objectives outlined by the Winslow Comprehensive Plan;

Provide for the removal of towers and associated structures that are no longer being used for wireless communications purposes;

Minimize any potential adverse effect of PWSF on property values; and

Protect the scenic and visual character of Winslow.

Height outside a PWSF Overlay Zone. The vertical distance between the highest point of a PWSF (ground-mounted or building-mounted) and the mean natural grade at the base of the structure or building shall not exceed 100 feet, provided, however,

Height, PWSF Overlay Zone. Where the Town establishes a PWSF Overlay District (when designated on the Town Zoning Map), PWSFs of up to 150 feet in height may be permitted by conditional use permit. Such structures must be monopoles and shall comply with all setback requirements set forth in this chapter.

Reconstruction of nonconforming PWSF. A nonconforming ground-mounted PWSF, removed or destroyed for any reason, may be reconstructed subject to site plan review on the same site, provided that it complies with the height restrictions of this subsection.

Setbacks. All PWSFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. Fences shall comply with the setback provisions of the zoning district in which the facility is located.

Fall zone for ground mounts. In order to ensure public safety, the minimum distance from the base of any ground-mounted PWSF to any property line, public road, habitable dwelling, business or institutional use, or public recreational area shall be, at a minimum, the distance equal to the fall zone, as defined in Subsection F. The fall zone may cross property lines, so long as the applicant secures a fall zone easement from the affected property owner(s). The area of the easement shall be shown on all applicable plans submitted to the Town, and the terms of the easement shall be provided as part of the site plan review. Fall zones for PWSFs may overlap.

Fall zone for mounts. In the event that an existing structure is proposed as a mount for a PWSF, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of pre-existing nonconforming structures, PWSFs and their equipment shelters shall not increase any nonconformities.

Visibility. The applicant is encouraged to utilize enhancements to the property and must demonstrate that every reasonable effort has been made to cause the facility to have the least possible visual impact on the Town.

Color. To the extent that a PWSF extends above the height of the vegetation immediately surrounding it, it shall be of a color which blends with the background or surroundings. All surfaces shall be nonreflective.

Equipment shelters. PWSF equipment shelters shall be designed consistent with one of the following design standards:

Lighting, signage, and security.

Historic buildings.

Scenic landscapes and vistas. Ground-mounted facilities outside a PWSF Overlay Zone shall not be located within open areas that are clearly visible from public roads, recreational areas, nearby or abutting properties unless these PWSF are hidden or disguised in such a way so as to blend in with their surroundings. Ground-mounted PWSFs outside a PWSF Overlay Zone shall be surrounded by a buffer of dense tree growth as provided under Subsection C(1)(f), except that a treed buffer may not be required for a PWSF in High-Density Residential or Mixed Use zones when there are buildings within 300 feet of the mount and when the PWSF is camouflaged.

Driveways. If available, existing entrances and driveways to serve a PWSF shall be utilized, unless the applicant can demonstrate that a new entrance and driveway will result in less visual traffic, and environmental impact. New driveways to serve a PWSF shall not exceed 12 feet in width. A gravel or crushed stone surface is required.

Antenna types. Any antenna array placed upon an existing or proposed ground mount, utility pole, or transmission line mount shall have a diameter of no more than four feet, exclusive of the diameter of the mount. A close mount may be required to minimize visual impacts.

Mounts. All ground mounts shall be of a mast or monopole type mount. Mounts affixed to the roof or side of a building shall be masts only. Lattice towers, guyed towers, and roof-mounted monopoles are expressly prohibited, unless constructed as part of a reconstruction of a nonconforming structure permitted under Subsection B(3).

Hazardous waste. No hazardous waste shall be discharged on the site of any PWSF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

Noise. PWSF shall not generate noise in excess of limits permitted under the Town noise ordinance.[1]

Radio frequency radiation (RFR) standards. All equipment proposed for a PWSF shall be fully compliant with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines), under Report and Order, FCC 93-326, published on August 1, 1996, and all subsequent amendments.

Federal and state requirements. All PWSFs must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate PWSFs. If such standards and regulations are changed, then the owners of the facilities governed by this section shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule if mandated by the controlling agency. Failure to bring a PWSF into compliance with such revised standards and regulations shall constitute grounds for removal of the PWSF as abandoned, in accordance with Subsection E at the owner(s) expense through the execution of the posted security.

Building Code safety standards. To ensure the structural integrity of PWSFs, the owner of the facility shall ensure that it is maintained in compliance with the standards contained in applicable local building codes and the applicable standards for PWSFs that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection, the Town concludes that a PWSF fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the PWSF, the owner shall have 30 days to bring such PWSF into compliance with such standards. If the owner fails to bring such PWSF into compliance within 30 days, such action shall constitute abandonment and grounds for the removal of the facility as abandoned at the owner's(s') expense through execution of the posted security.

Balloon test. The Planning Board may require a certified balloon test accurately simulating the height and location of the proposed PWSF. Public notice shall be given of the date and time of such test not less than 10 days prior thereto. The applicant shall provide photographs of such test from locations around the Town and within 20 miles from which the balloon(s) is visible.

Migrating bird protection. The applicant shall submit a plan indicating methods that it shall use to mitigate adverse impacts on migrating bird populations.

The owner of the PWSF, as a condition of approval, shall execute an agreement that it will indemnify and hold the Town, its officials and employees harmless from all claims against the Town for personal injury, property damages, and loss, including costs of defense and reasonable attorney's fees, arising from or related to the construction, operation repair and removal of the PWSF or any part thereof.

Alternative tower sites. If the proposed ground-mounted PWSF does not meet the standards of this section because of insufficient camouflage or a lack of screening by existing trees or buildings then potential suitable alternative sites, where PWSFs can meet the standards and provide adequate signal coverage need to be inventoried and evaluated. More than one site each with a PWSF (that may be shorter than originally proposed) could be required. If the applicant determines that there are no suitable alternative sites the municipality may hire at the applicant's expense a radio frequency engineer to independently assess if there are suitable alternative sites.

Professional services. The Planning Board may require that an independent radio frequency engineer be hired at the applicant's expense to substantiate the applicant's claim of technical necessity, the applicant's evaluation of proposed site(s) and alternative sites and to propose suitable alternative sites. An independent landscape architect may be hired at the applicant's expense to evaluate the applicant's visual impact analysis and proposed mitigation and to propose visual impact mitigation alternatives.

Average tree canopy height (ATCH). ATCH shall be determined by a forestry or environmental consultant qualified to inventory tree height and determine the ATCH as defined in this section.

Maintenance. The owner of the facility shall maintain the PWSF in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, maintenance of the buffer areas, landscaping, and camouflage materials. The Planning Board may direct the owner to perform maintenance that it determines to be required.

Monitoring. The property owner and the owner of the PWSF shall agree that the Town and its appointed representative(s) may enter the subject property to obtain RFR measurements, noise measurements, and to perform maintenance and safety inspections at the expense of the carrier. In the case of taking RFR and or noise measurements, the Town may enter without any advance notice to either the PWSF owner or the property owner. In all other cases, the Town shall provide reasonable written notice to the carrier and landowner and provide them the opportunity to accompany the Town representatives when the inspections are conducted.

Security for removal. Recognizing the hazardous situation presented by abandoned and unmonitored telecommunications facilities, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned telecommunications facilities in the event that a facility is abandoned and the facility owner is unwilling or unable to remove the facility in accordance with Subsection E of this section. The amount of the security shall be based upon the removal cost plus, 15% provided by the applicant and certified by a professional civil engineer licensed in Maine. No building permit may be issued until the applicant has deposited the just described amount of the security with the Town. The owner of the facility shall provide the Planning Board with revised removal cost estimate and structural evaluation prepared by a professional civil engineer licensed in Maine every five years from the date of the Planning Board's approval of the site plan. If the cost has increased more than 15%, then the owner of the facility shall provide additional security in the amount of the increase.

Antenna installation. An antenna or antenna array may be located, without further approval, on any structure-mounted PWSF legally existing prior to effective date of Subsection E of this section, and on any PWSF subsequently approved under the provisions of this section, provided that:

Commencement of operation. Operation of a PWSF shall commence no later than nine months from the date the application was approved. If the PWSF is not operating and providing the citizens of the Town with personal wireless services, as defined, within this time period, the Planning Board, at its discretion, may revoke its approval, regardless of whether construction has begun.

Notification of continued use. Beginning 12 months after Planning Board approval and continuing on an annual basis thereafter, the owner of a PWSF shall provide the Planning Board with written, signed certification that the PWSF is being used to provide personal wireless services as defined. Failure to comply with this requirement shall constitute an admission that the PWSF is not in use and has been abandoned.

Discontinuance. At such time that the owner plans to discontinue operation of a PWSF, the owner will notify the Town by certified U.S. Mail of the proposed date of discontinuation of operations. Such notice shall be given no less than 30 days prior to discontinuation of operations. In the event that the owner fails to give such notice, the PWSF shall be considered abandoned upon such discontinuation of operations.

Removal. Upon abandonment or discontinuation of use, the owner of the facility shall physically remove the PWSF within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

Failure to remove. If the owner of the facility does not remove the facility upon the Planning Board's order, then the Town Council shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Town Council. If the abandoned facility is not removed within 90 days, the Town may execute the security to pay for this action.

Failure to maintain. If the owner of the facility fails to maintain the facility in accordance with the directions of the Planning Board pursuant to Subsection D(1), then the Town Council, shall after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Town Council. If the abandoned facility is not removed within 90 days, the Town may execute the security to pay for this action.

For ground-mounted PWSFs that must be screened by trees a written report must be provided from a qualified forestry or environmental consultant that describes the average tree canopy height and the methodology used to determine it.

A proposal to construct or modify a PWSF must include evidence of a commitment from a duly licensed carrier to utilize the tower to provide wireless communication services.

Written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, including a description of any conditions or criteria for the approval, or a statement from the agency that no approval is required.

An inventory of all of the provider's existing and approved towers, antennas or sites within the Town of Winslow and locations in surrounding communities where wireless telecommunications are proposed to be utilized in conjunction with the facility proposed in the application. Service area maps or network maps of the applicant's existing and proposed facilities in Kennebec County.

Identification of any other PWSFs existing or proposed on the site.

Details of all existing or proposed accessory structures including buildings, parking areas, utilities, gates, access roads, etc.

Evidence must be provided that written notice was sent, by prepaid first class United States Mail, to all other such tower and alternative tower structure owners and licensed wireless communication providers that could furnish service to the Town of Winslow utilizing existing towers and alternative tower structures and to owners of such towers. This notice shall state the applicant's siting needs and include a request for information of the co-location capabilities of the existing or previously approved facilities. Evidence that this notice requirement has been fulfilled shall include a name and address list, copy of the notice that was sent, and a return receipt request that the notices were sent as required.

Evidence must be provided that existing or previously approved towers and alternative tower structures with the Town of Winslow cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower. Such evidence shall include documentation from a qualified and licensed professional engineer that:

Evidence must be provided that the proposed PWSF cannot be co-located on existing or previously approved tower sites. Evidence should include an assessment of whether such PWSF sites could be changed to accommodate the proposed tower, and a general description of the projected cost of shared use of the existing or approved PWSF site.

A report must be provided from a registered professional engineer that describes the PWSF, the technical reasons for the PWSF design and the capacity of the PWSF, including the number(s), type(s), and volume(s) of antennas that it can accommodate and the basis for the calculation of capacity.

When a proposed ground-mounted PWSF does not meet the standards of this section evidence must be provided demonstrating whether there are alternative sites that can meet the standards and provide adequate signal coverage. Using more than one site each with a shorter PWSF than was originally proposed must be considered.

A letter of intent must be provided that commits the PWSF owner and its successors in interest to:

Proof of financial capacity to build, maintain, and remove the proposed PWSF must be submitted.

Photos showing site vegetation, existing and adjacent structures, views of and from the proposed site, topography, and land uses on the proposed parcel and on abutting properties must be provided.

Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed must be submitted.

Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale, and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, provide measurements and elevations of the structure.

An analysis of the visual impact of the proposed facility, including tower and supporting structures, which may include photo montage, field mock-up, or other techniques, that identify the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from roads, public areas, private residences, historic resources, including historic districts and structures listed in the National Register of Historic Places, and archaeological resources. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historical Preservation Officer in his/her review capacity for the FCC.

The applicant shall submit written proof that the proposed use and the facility comply with the FCC regulations on radio (RF) frequency exposure guidelines and a propagation map showing the proposed radio frequency coverage.

The applicant shall submit written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. If an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Town prior to the beginning of the federal thirty-day comment period, and the Town process, shall become part of the application requirements.

The applicant shall submit annually to the Town Council a certificate of insurance showing public liability insurance coverage of not less than $1,000,000 combined single limit.

The applicant will provide information as to whether any of the Personal wireless service carriers providing service to the Town use the system known as cable micro-cell integrator/head-end interface converter (CMI/HIC) which utilizes cable television lines and small transceivers mounted on utility poles to communicate with wireless telephones and whether there are any such carriers using CMI/HIC in Kennebec County.

This section applies to any wind energy facility proposed for construction in Winslow after the effective date of this section. This section does not apply to associated facilities unless the generating facilities are located within Winslow, in which case this section applies to both the generating facilities and the associated facilities.

A wind energy facility that is the subject of an application determined to be complete by the Code Enforcement Officer prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any physical modifications after the effective date of this section shall be subject to the permitting requirements of Subsection H(2).

If there is a conflict between provisions in this section, the more stringent shall apply. If there is a conflict between a provision in this section and that of another Winslow ordinance, the provision of this section shall apply.

The invalidity of any part of this section shall not invalidate any other part of this section.[1]

Review and approval authority.

Permit required.

Permit applications.

Permit application procedures.

Notice of meetings. Ten days prior to any meeting at which an application for a Type 1B, Type 2, or Type 3 wind energy facility is to be considered, the Planning Board shall send notice by first-class mail, to the applicant and all owners of property abutting the property on which the wind energy facility is proposed to be located. The notice shall state the date, time and place of the meeting and the proposed location and the classification of the proposed wind energy facility.

Public hearings. The Planning Board shall have notice of the date, time, and place of any public hearing and the proposed location and the classification of the proposed wind energy facility:

Professional services. In reviewing the application for compliance with this section, the Planning Board may retain professional services, including but not limited to those of an attorney or consultant, to verify information presented by the applicant. The attorney or consultant shall first estimate the reasonable cost of such review and the applicant shall deposit, with the municipality, the full estimated cost, which the municipality shall place in an escrow account. The municipality shall pay the attorney or consultant from the escrow account and reimburse the applicant if funds remain after payment.

Expiration of permits.

Access. The Code Enforcement Officer shall have access to the site at all times to review the progress of the work and shall have the authority to review all records and documents directly related to the design, construction and operation of the facility.

Enforcement.

Appeals. Any person aggrieved by a decision of the Code Enforcement Officer or the Planning Board under this section may appeal the decision to the Board of Appeals, as provided by § 300-14 of this chapter.

General submission requirements.

Additional submission requirements for an application for a Type 2 and 3 wind energy facility.

Safety setbacks. Wind turbines shall be set back a horizontal distance equivalent to 150% of the turbine height from property boundaries, public and private rights-of-way and overhead utility lines that are not part of the proposed generating facility except that the entity responsible for review and approval of the application may allow a reduced setback if the applicant submits, in writing: (a) a waiver of the property boundary setback signed by the pertinent abutting landowner ; or (b) evidence, such as operating protocols, safety programs, or recommendations from the manufacturer or a licensed professional engineer with appropriate expertise and experience with wind turbines, that demonstrates that the reduced setback proposed by the applicant is appropriate.

Natural resource protection. A wind energy facility shall not have an unreasonable adverse effect on rare, threatened, or endangered wildlife, significant wildlife habitat, rare, threatened or endangered plants and rare and exemplary plant communities. In making its determination under this subsection, the municipal entity responsible for review and approval of the permit application under Subsection G(1) shall consider pertinent application materials and the written comments and/or recommendations, if any, of the Maine Department of Inland Fisheries and Wildlife (MDIFW) Environmental Coordinator and the Maine Natural Areas Program (MNAP).

Building permit. All components of the wind energy facility shall conform to relevant and applicable local and state building codes.

Overspeed controls and brakes. Each wind turbine shall be equipped with an overspeed control system that: (a) 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 (b) has been designed by the manufacturer or a licensed civil engineer and found by the municipal entity responsible for review and approval of the application under Subsection G(1), based on its review of a written description of the design and function of the system, to meet the needs of public safety.

Electrical components and interconnections. All electrical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes.

Access. All ground-mounted electrical and control equipment and all access doors to a wind turbine shall be labeled and secured to prevent unauthorized access. A wind tower shall not be climbable up to a minimum of 15 feet above ground surface.

Blade clearance. The minimum distance between the ground and all blades of a wind turbine shall be 25 feet as measured at the lowest arc of the blades.

Signal interference. The applicant shall make reasonable efforts to avoid and mitigate to the extent practicable any disruption or loss of radio, telephone, television, or similar signals caused by the wind energy facility.

Structure type. With the exception of meteorological (MET) towers, towers shall be monopoles with no guy wires. This requirement may be waived if the applicant demonstrates to the satisfaction of the municipal entity responsible for review and approval of the permit application under Subsection H(1), that there is no practicable alternative. Bird flight diverters must be installed on any guy wires that are permitted.

Erosion control. Erosion of soil and sedimentation shall be minimized by employing "best management practices" in the "Maine Erosion Control Handbook for Construction: Best Management Practices," March 2003.

Building-mounted wind turbines. Building-mounted wind turbines are not permitted.

Visual appearance.

Visibility of wind turbine. The following requirements apply, to the extent practicable, to Type 1B and Type 2 wind energy facilities:

The sound level limits contained in this section apply only to areas that are defined as protected locations and to property boundaries that describe the outer limits of the facility site in combination with any parcel(s) owned by a Participating landowner that are contiguous with the facility site.

The sound level limits contained in this section do not apply to the facility site or any parcel(s) owned by a participating landowner that are contiguous with the facility site.

The sound levels resulting from routine operation of a wind energy facility, as measured in accordance with the procedures described in Subsection K(5) shall not exceed the limits specified for the following locations and times:

If the applicant submits the certification and acknowledgement required by Subsection H(1)(I)[1], the municipal entity responsible for review and approval of the application under Subsection G(1) shall determine, for purposes of issuing its approval, that the pertinent sound-level limits under Subsection L(1) have been met, subject to the applicant's obligation to take remedial action as necessary under Subsection K(6).

The Codes Enforcement Office may perform measurements of sound levels resulting from routine operation of an installed Type 1A or Type 1B wind energy facility at the officer's own initiative or in response to a noise-related complaint to determine compliance with the pertinent standards in Subsection K(1). Such measurements shall be performed as follows:

The applicant shall operate the proposed wind energy facility in conformance with the sound level limits of Subsection K or M(1),as applicable. If, based on post-installation measurements taken in accordance with Subsection K(5) or Subsection M(1), as applicable, the Code Enforcement Officer determines that the applicable sound-level limits are not being met, the applicant shall, at the Applicant's expense and in accordance with the Winslow Wind Energy Facility Ordinance and in consultation with the Code Enforcement Officer, take remedial action deemed necessary by the Code Enforcement Officer to ensure compliance with those limits. Remedial action that the Code Enforcement Officer may require, includes, but shall not be limited to, one or more of the following:

A Type 1A or Type 1B wind energy facility that is not generating electricity for 12 consecutive months shall be deemed a discontinued use and shall be removed from the property by the applicant within 120 days of receipt of notice from the Code Enforcement Officer, unless the applicant provides information that the Planning Board deems sufficient to demonstrate that the project has not been discontinued and should not be removed. If the wind energy facility is not removed within this time period, the municipality may remove the turbine at the applicant's expense. The applicant shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation.

If a surety has been given to the municipality for removal of a Type 1B wind energy facility, the applicant may apply to the Planning Board for release of the surety when the wind energy facility has been removed to the satisfaction of the Code Enforcement Officer.

Control of noise. Noise emanating from a Type 2 wind energy facility, a Type 3 wind energy facility, or, upon written request of the applicant pursuant to Subsection L, a Type 1A or Type 1B wind energy facility shall be controlled in accordance with the provisions of Appendix B If there is a conflict between a provision of Appendix B and another provision of this section, the provision of Appendix B shall apply.

Use of public roads.

Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Artificial habitat. To the extent practicable, the creation of artificial habitat for raptors or raptor prey shall be minimized. In making its determination under this subsection the Planning Board shall consider comments and recommendations, if any, provided by the Maine Department of Inland Fisheries and Wildlife.

Effect on scenic resources.

Shadow flicker. Type 2 and Type 3 wind energy facilities shall be designed to avoid unreasonable adverse shadow flicker effect at any occupied building located on a nonparticipating landowner's property.

Relationship to DEP certification and permitting.

Local emergency services.

Liability insurance. The applicant or an applicant's designee acceptable to the Planning Board shall maintain a current general liability policy for the Type 2 or Type 3 wind energy 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 Planning Board upon request.

Design safety certification. Each wind turbine shall conform to applicable industry standards including those of the American National Standards Institute (ANSI) and at least one of the following: Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organization.

Public inquiries and complaints.

Decommissioning. The applicant shall prepare a decommissioning plan in conformance with Appendix C.

General provisions, administration and permits. Articles I, II and III of this chapter apply to this section.

Application and permit fee. The application fee is $1,500 and the permit fee is $500 per MW.

LSPSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing LSPSES, whether or not existing prior to the effective date of this section that expands the LSPSES shall require approval under this section. Routine maintenance or replacements do not require a permit.

The LSPSES 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), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with municipality's Building Code, 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 reviewing authority.

The owner of a LSPSES shall provide the CEO written confirmation that the public utility company to which the LSPSES will be connected has been informed of the customer's intent to install a grid connected system. The owner shall provide a copy of the final inspection report and connection approval from the utility company to the CEO prior to the issuance of a certificate of occupancy for the LSPSES.

If a LSPSES is being used as an accessory use for commercial/industrial activity on another property, then the CEO shall be informed of the intent of the LSPSES.

Signage shall comply with the Town's applicable sign ordinance.

All LSPSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

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

Minimum lot size and lot frontage.

Setbacks.

Height.

Impervious coverage.

Stormwater.

Screening.

Ground-mounted LSPSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Security.

Access drives shall be maintained to allow for maintenance and emergency management vehicles. As a minimum, drives must meet the Town's common driveway standards in Chapter 230.

If a ground-mounted LSPSES is removed, any earth disturbance must be graded and reseeded.

The LSPSES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

Site Plan review design and operation standards for ground-mounted LSPSES that occupies more than 1,750 square feet of surface area (equivalent to a rated nameplate capacity greater than 10 kW DC).

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of supporting the collateral load of the LSPSES.

LSPSES mounted on roofs of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the applicable zoning district.

General provisions, administration and permits. Articles I, II and III of this chapter apply to this section.

Permit fee. The permit fee is $0.50 per kW installed with a minimum fee of $50.

MPSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to any existing MPSES, whether or not existing prior to the effective date of this section that expands the MPSES shall require approval under this section. Routine maintenance or replacements do not require a permit.

The MPSES 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), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory(ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with municipality's Building Code, 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 reviewing authority.

The owner of a MPSES shall provide the CEO written confirmation that the public utility company to which the MPSES will be connected has been informed of the customer's intent to install a grid connected system. The owner shall provide a copy of the final inspection report and connection approval from the utility company to the CEO prior to the issuance of a certificate of occupancy for the MPSES.

If a MPSES is being used as an accessory use for commercial/industrial activity on another property, then the CEO shall be informed of the intent of the MPSES.

All MPSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

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

Minimum lot size and lot frontage.

Setbacks.

Height.

Ground-mounted MPSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system. Exception, MPSES may be placed within a legal easement that is specifically provided for MPSES.

If a ground-mounted MPSES is removed, any earth disturbance must be graded and re-seeded.

The MPSES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of supporting the collateral load of the MPSES.

MPSES mounted on roofs of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the applicable zoning district.