Wind turbine rules explained in Bethlehem Township by state expert

BETHLEHEM TWP. -- Imagine energy-generating wind turbines spinning along the ridgeline on top of Jugtown Mountain -- or in any back yard in the township.

The Planning Board doesn't anticipate an onslaught of applications soon, but it wants to be prepared. It's on the verge of drafting an ordinance that would regulate the height of a turbine, how far it would have to be located from a neighbor's property and how noisy it can be, among other details. The board began talking about the issue in April, and it may pass along a suggested ordinance to the Township Committee by next month.

Mark Veloir, renewable energy technical director of the N.J. Clean Energy Program, came to Monday's meeting to talk about wind as a piece of the state's plan to move toward renewable energy. The 7-year-old plan is still in its infancy; the goal by 2020 is for New Jersey to generate 200 megawatts of energy from wind turbines located in the interior of the state; right now, such facilities yield 3 MW.

"The key to getting there is for municipalities to adopt ordinances to allow development of small wind resources," he said. The state has about $7 million this year to give to such projects this year, and won't come close to giving it all away, he said.

Zoning regulations that address wind power could decrease the time, effort and money required to obtain local land-use permits, the draft says.

Veloir told the board that small wind systems generally need to be located in areas that have winds that average at least 11 mph; there are wind maps and engineers who can gauge the force and state agencies can estimate the wind velocity on any lot in the state, he said. The turbines need to be 500 feet away from any obstruction, including trees or other turbines, and the rotors must be 30 feet higher than all obstacles, he said.

When he left, the board discussed and revised its draft ordinance to say that a small wind energy system, with a capacity of 10 kilowatts or less, can be no higher than 100 feet tall, as measured from the ground to the center of the hub of the rotating blades. The turbine must be set back from property lines a distance equal to 110% of the total height of the system, including its blades.

"At the end of the day this is a gamble, said board attorney Michael Selvaggi. "You could say this is never going to happen or you could be proactive and regulate it."

The township has seen one request for a wind turbine. Roger Dixon, 3 Thads Hill Road, applied for a variance in March 2008 to install a 20-K wind generator on a 140-foot free-standing tower. He withdrew the proposal in April.

Selvaggi said the state is encouraging alternative energy sources, to the point that the Legislature has passed a bill that would deem wind, solar or photovoltaic energy facilities "inherently beneficial" -- a status similar to hospitals, schools and group homes -- and make it easier for them to be granted a land-use variance. Selvaggi said he could foresee state imposed rules and allowances that pre-empt local zoning to allow such facilities.

"I strongly encourage you to set standards that you believe as a community offer the control you believe is important," said Selvaggi.The idea of creating other renewable energy ordinances for biomass and solar power has also been discussed by the board in the last few months.