Section V. Site Permit Requirements and Standards
5.1 Sound Modeling, Sound Standards and Sound-Related Enforcement Procedures
A) Independent Pre-licensing Sound Study. An Application for a WEF Site Permit shall include a four season sound study as specified in the Appendix. This study shall be conducted by a Qualified Independent Acoustical Consultant approved by the Planning Board. The consultant will review this study and assist the Planning Board in determining whether the proposed WEF will comply with the sound limits set forth in this Ordinance. The Applicant shall provide financial surety that the cost of the study, and its review, will be borne by the Applicant, in accordance with Section (VII) of this Ordinance.
B) Sound Limits. No Site Permit shall be issued if the pre-licensing information or sound study indicates that the proposed WEF will not comply with the following requirements, which are to apply everywhere within one mile (5280 feet) of any WT, 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 WEF Application will be denied; if these limits are exceeded after the WEF has been built, then the WEF will be in violation of this Ordinance.
1) The sound limits below are stated in terms of L90A(pre), LeqA(post), LeqC(post), L90C(post) and LeqA(post). Each of these quantities is defined in the Appendix, particularly in Parts c(3)A, c5 and d. Prior to construction of the WEF, the “pre” values are as measured and the “post” values are as calculated, following the guidelines of the Appendix. After the WEF has been constructed, the “pre” values are the WEF-Off values and the “post” values are the WEF-On values.
2) Audible Sound Limit. The appropriate value to use for the pre-construction sound level in the three tests below is L90A(pre); the appropriate value to use for the post construction sound level is LeqA(post).
a) No WT, WES or WEF shall be located so as to generate post-construction sound levels that exceed 40 dBA at night (8:30 p.m. to 6:00 a.m.) or 45 dBA during the day (6:00 a.m. to 8:30 p.m.).
b) A 5 dB penalty is applied for tones as defined in IEC 61400-11.
3) Low Frequency Sound Limit.
a) LeqC(post) minus L90A(pre) must be less than 20 dB outside of any occupied structure.
b) L90C(post) may not exceed 50 dBC, without contribution from other ambient sounds, for properties located one mile or more away from state highways or other major roads, and it may not exceed 55 dBC for properties closer than one mile from a state highway or other major road.
4) Mitigation Waiver. Property owners may waive these sound restrictions with a written Mitigation Waiver agreement. A complete copy of any such agreement must be filed with the Planning Board and Recorded in the Waldo County Registry of Deeds.
5) Post-construction Sound Measurements. Starting within twelve months after the date when the WEF is operating, a post-construction sound study shall be performed, with all WTs operating, as described in Part d of the Appendix. Post-construction sound studies shall be conducted by a Qualified Independent Acoustical Consultant chosen by the Planning Board. The Permittee will provide financial surety that the costs of these studies shall be paid by the Permittee. The surety required by Section VII shall include these costs. A Consultant of the Permittee may observe the Town’s consultant. The WEF Permittee shall provide all technical information required by the Planning 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, as described in Part d of the Appendix, shall be repeated every three years throughout the life of the facility.
5.2 Set-Back Requirements
A) A WEF shall comply with the following set-back requirements, which shall apply in addition to the siting requirements found elsewhere in this Ordinance. If more than one set-back requirement applies, the greater set-back distance shall be met.
1) All parts of a WEF shall comply with all applicable set-back requirements in the Town’s zoning Ordinance.
2) Each WT shall be set back at least 1,800 feet from the property line of any Non-Participating Parcel. Property owners may waive this setback with a written Mitigation Waiver agreement.
3) Each WT shall be set back at least 1,500 feet from any public way.
4) Each WT shall be set back at least 1,200 feet from any above-ground electric power line or telephone line except that a lesser setback shall be permitted if the utility agrees, in writing, and this agreement is approved by the Planning Board.
5) Each WT shall be set back not less than 5,280 feet from any residence, business, school, daycare facility, church, hospital, or other Occupied Structure on any Non-Participating Parcel. Property owners may waive this setback with a written Mitigation Waiver agreement.
6) All WTs must be set back a minimum of 2,500 feet from any Scenic or Special Resource as defined in Section (III).
7) All set-back distance measurements shall be based on horizontal distances.