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Judge Ralph C. Warman, who heard the appeal filed by PPM Atlantic Renewable, sent the case back to the zoning hearing board.
"Since the ZHB has exclusive jurisdiction to hear and render final adjudications in applications for variances, and upon consideration that the ZHB has failed to do so in this case, we remand this action back to the ZHB for further proceedings consistent with this opinion," Warman wrote. "The ZHB shall consider and grant each special exception as required by law, and may impose whatever conditions they deem fit to protect the health, safety and general welfare of the community."
Gary Verkleeren, business developer for Oregon-based Iberdrola Renewables, praised the ruling.
"This action signals that Fayette County will take part in helping to transition our economy from being over-reliant on fossil fuels and subject to volatile pricing and foreign interests to one that is truly sustainable," Verkleeren said.
Iberdrola bought out PPM after the appeal was filed.
In September 2007, PPM filed 20 applications requesting that the board grant special exceptions for a wind energy project called the South Chestnut Windpower Project. The project essentially uses windmills to generate electricity.
The project encompasses 3.5 miles of Chestnut Ridge in Wharton, Georges and Springhill townships. Verkleeren said 24 windmills that make up the project would generate enough electricity to meet the annual needs of about 17,000 homes.
After several hearings before the zoning hearing board, the requests were denied for various reasons, including a finding that the windmills were too tall and that putting them up would impact the view of Chestnut Ridge.
The appeal deals only with the portions in Georges and Springhill townships because Wharton Township has its own zoning board. Its board approved the application in January 2008. One month later, the county's zoning hearing board voted to deny PPM's requests as they related to Georges and Springhill townships, prompting the appeal.
In his 33-page opinion, Warman found that the reason for the board's denial, based in part on findings that the windmills would negatively impact the view and that they would kill bats, weren't founded.
The board's resolution indicated, in part, that the people who testified about their objections to the project showed that the turbines would have a generally detrimental effect on the health, safety and welfare of those in the community.
"The objectors seem to assume that just because the turbines would be added to the Chestnut Ridge viewshed that this would cause a negative impact. (They) presented no expert testimony to support their position and they admit that there is no way to predict if people will stop coming to the area due to the turbines.
"While the concept of the general welfare of a community in zoning matters includes a consideration of aesthetics, aesthetics alone cannot support a determination that the health, safety and general welfare of a community would be adversely affected by the grant of a special exceptions," Warman wrote.
Verkleeren said the county's denial has caused the Wharton Township portion of the project to be put on hold.
He indicated that wind power ranks as the most deployable energy resource today, and said that using wind-powered turbines can assist in solving energy problems.
"Judge Warman's action represents an important step toward the realization of this important and beneficial project that will create much needed jobs and spur local economic growth," Verkleeren said.
When the appeal was filed, Commissioners Vincent Zapotosky and Angela M. Zimmerlink voted to have the county intervene in the appeal on behalf of the Iberdrola. Commissioner Vincent A. Vicites voted against intervening because he said he did not want it to set a precedent of intervening when businesses disagree with a zoning ruling.
Zapotosky said that he believes Warman's ruling validates the county's intervention.
"There some optimism that Fayette County will participate in something that is not only good for the county and our commonwealth, but also our nation," Zapotosky said. " I hope the project comes to fruition."
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