TOWN OF DIXFIELD
WIND ENERGY FACILITY MORATORIUM ORDINANCE
DIXFIELD, MAINE
Adopted: October 14, 2009 - Special Town Meeting
Expiration Date Extended: Monday, April 12, 2010 for An Additional 180-Day Period
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 "Wind Energy Facility Moratorium Ordinance, Dixfield, Maine."
B. Effective Date
The effective date of this Ordinance shall be upon adoption by the legislative body.
C. Sunset Provision
This Ordinance shall automatically terminate 180 days from the date of its effective date 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 Dixfield by fostering orderly wind energy facility development. During the term of the moratorium the Town of Dixfield will determine the most appropriate methods to regulate wind energy facilities and prepare appropriate municipal ordinances to achieve such.
B. Necessity
While the Town of Dixfield developed its comprehensive plan in 2007 the town has no local land use regulatory ordinances that provide municipal review and approval for commercial development or industrial development. There is high interest wind energy facility development in adjoining and nearby towns. The topography of Dixfield is believed to be conducive to wind energy facility development. Without local regulations to address wind energy facility development, there exists the potential for serious public harm if such are developed. Serious public harm includes but not limited to visual impact, noise, environmental degradation and health.
Section 3. Moratorium
After the effective date of this Ordinance no testing for the suitability for wind energy facilities and/or the development of wind energy facilities shall be allowed.
Section 4. Appeals and Severability
A. Appeals
An aggrieved party may appeal the provisions of this Ordinance to Superior Court under Rule 80-B of the Maine Rules of Civil Procedure.
B. 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
Associated Facilities : Elements of a wind energy facility other than its generating facilities that are necessary to the proper operation and maintenance of the wind energy facility, including but not limited to buildings, access roads, generator lead lines and substations.
Generating Facilities : Wind turbines and electrical lines, not including generator lead lines, that are immediately associated with wind turbines.
Wind Energy Facility : A facility with a generating capacity of greater than 100 kW that uses one or more wind turbines to convert wind energy to electrical energy. A wind energy facility includes associated facilities and generating facilities.
Signed this 12 th day of April 2010 by the Dixfield Board of Selectmen.
___________________________________
Bettina M. Martin, Selectman (Chair)
___________________________________
Raymond E. Carlton, Selectman
______________________________ ___________________________________
Eugene R. Skibitsky, Town Manager Norine H. Clarke, Selectman
Witness to All
___________________________________
James L. Desjardins, Selectman
___________________________________
Stephen G. Donahue, Selectman
Attest:__________________________
Vickie R. Carrier
Deputy Town Clerk
|
one of its citizens who has shown genuine concern for the town and its people--and who has also been actively involved in community affairs. Ralph Clarke has more than met the criteria for this award. Over the past four decades, Ralph has served as 
for
Town of Dixfield