Wallagrass, ME industrial wind turbine project development moratorium ordinance

To see if the Town will enact an Ordinance entitled "Industrial Wind Turbine Project Development Moratorium Ordinance, Town of Wallagrass, Maine"

Section 1. Authority, Effective Date, and Sunset Provision

A. Authority

1. This ordinance is adopted and hereafter amended pursuant to and consistent with Article VIII-A of the State of Maine Constitution and Title 30-A M.R.S.A. Section 4356.

2. This ordinance shall be known and may be cited as the "Industrial Wind Turbine Project Development Moratorium Ordinance, Wallagrass, Maine."

B. Effective Date

The effective date of this Ordinance shall be the date it has been approved by Town vote and certified by the Town Clerk.

C. Sunset Provision

This Ordinance shall automatically terminate 180 days from the date of its effective date of adoption unless the Selectmen vote, after notice and hearing, to extend the Moratorium for an additional 180 day period.

Section 2. Purpose and Necessity

A. Purpose

The purpose of this Ordinance is to protect the public health, safety and welfare of the residents of Wallagrass by fostering orderly Industrial Wind Turbine Project Development. During the term of the Moratorium the Town of Wallagrass will determine the most appropriate methods to regulate Industrial Wind Turbine Project Development and will prepare appropriate municipal ordinances to achieve such.

B. Necessity

The Planning Board is currently working on the Comprehensive Plan. The Town has no local land use regulatory ordinances that provide municipal review and approval for Industrial Wind Turbine Project Development. The exceptions are an older Zoning Ordinance and the land area regulated by the Mandatory Shoreland Zoning Act. Without local regulations to address Industrial Wind Turbine Project Development, there exists the potential for serious public harm and adverse financial impact if such is developed. Serious public harm would include but not be limited to negative environmental impact, noise pollution, adverse health effects, unfavorable changes in tax laws, reduction in property values as well as overburdening of existing transmission lines and roads affecting significant populations in this Town of approximately 550 year round residents.

Section 3. Moratorium

After the effective date of this Ordinance, neither the Code Enforcement Officer nor the Planning Board shall accept, review or continue to review any application for a building permit or re-zoning which incorporates in whole or part a proposal to construct or operate an "Industrial Wind Turbine" as defined in this Ordinance.

The provisions of this Ordinance shall apply to applications currently pending before the Town as of _________, 2008 as well as applications filed after that date.

Section 4. Severability

Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision.

Section 5. Definitions

A. Wind Turbine: A tower, pylon, or other structure, including all necessary facilities, upon which any, all or some combination of the following are mounted:

1. A wind vane, blade or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind kinetic energy into electrical energy.

2. A shaft, gear, belt or coupling device used to connect the rotor to a generator, alternator, or other electrical or mechanical energy-producing device.

3. A generator, alternator, or other device used to convert the mechanical energy transferred by the rotation of the rotor into electrical energy.

B. Industrial Wind Turbine Project: A project which is large enough to trigger the Site Location of Development Act as described in Title 38 M.R.S.A. Section 482.

The term includes, in addition to generating facilities (turbines), meteorological towers, substations, transmission lines, together with all associated equipment and facilities, that are accessory to the project or are constructed solely for the purpose of electrically and physically interconnecting the generating facilities to the transmission system (i.e., the power grid).

We, the undersigned citizens and registered voters of the Town of Wallagrass, do hereby request the inclusion of the above article in the Warrant of a special town meeting to be held as soon as possible:

Name: Address:

Print______________________________ _____________________________

Sign ______________________________ ____________________________

We, the undersigned members of the Wallagrass Planning Board, do hereby request the inclusion of the above article in the Warrant of a special town meeting to be held as soon as possible:

Name: Address:

Print ______________________________ ___________________________________

Sign ______________________________ ___________________________________