Library from Indiana
The new ordinance sets the following: setbacks will be 1,500 feet from a property line and 2,640 feet from a residential dwelling; shields will be placed on turbine lighting; shadow flicker is limited to 30 minutes per day and 30 hours per year; and noise levels are limited to 5 decibels above the ambient level. It also address how wind farms will be approved in the future.
"This has probably been the most divisive issue I've ever seen in this county," explained Tipton County Planning Commission President Jason Henderson. "It's pitted neighbor against neighbor and people who would wave to each other, now don't talk to each other."
Juwi Wind filed a civil suit seeking a judicial review of the BZA’s decision to issue a permit with conditions outside the county’s established wind ordinance. The BZA imposed a 1,500-foot setback from property lines for the placement of wind turbines and required creation of a property value guarantee plan. The complaint alleges the BZA exceeded its authority in placing the conditions on the wind farm development.
In a response to the Public Access Counselor, [BZA President Jerry] Acres said the vote taken did not require a public hearing because it merely attempted to clarify an upcoming meeting and set the ground rules. A civil action is pending, filed by juwi Wind against the BZA and Acres, seeking judicial review of the actions at the July 31 meeting. The suit alleges the actions violated Indiana’s Open Door Law.
Those who thought they'd heard the last of the words "controversy" and "wind turbine" in the same sentence in Culver, Indiana, may have been surprised at what they heard at last Tuesday's Culver plan commission meeting. To be fair, however, the discussion was congenial and exploratory on all sides, and the issue at hand was not the hotly debated commercial wind turbines banned earlier this year throughout the entire county, but personal Wind Energy Conversion Systems (or WECS). Specifically, the commission debated how -- or if -- to regulate the use of such devices within the corporate limits of Culver and within the wider zoning boundary under the commission's purview.
The Tipton County Plan Commission is struggling to decide how to site future wind energy developments in the county. The options have been narrowed down: use the existing mechanism, which involves the Board of Zoning Appeals, create overlay districts where wind farms are permitted or rezone property from agricultural to industrial to designate areas where turbines may be built.
Melka said a June study found on May 20, the 50-decibel noise limit was exceeded by one turbine. He said the level was 51.6 decibels. "There was a potential turbine operating issue," he said. "The turbine was not facing the wind properly. The wind was coming from 240 degrees and the turbine positioned itself at 220 degrees."
The Tipton County Board of Zoning Appeals is requesting funding to hire an attorney to represent it in two court cases regarding the proposed Prairie Breeze Wind Farm.
No wind farms at all. That's the new stance of a group originally formed around opposition to the Prairie Breeze Wind Farm proposed for northwestern Tipton County. The Tipton County Citizens for Responsible Development was formed earlier in the year when the juwi Wind project was first announced and has concentrated its efforts in amending the county-wide ordinance to place greater restrictions on wind turbines.
"We have not set a time frame to amend the county wind ordinance," Tyler Moore, president of the board of county commissioners said. "We're confident with the moratorium and with the restrictions placed on the development of wind farms."
Since it began operation in January, numerous complaints have been filed about the Wildcat Wind Farm in northern Tipton County. At least one is valid, said Steve Edson, administrator of the Tipton County Plan Commission. ...Wildcat developer E.ON Climate & Renewables has until Sept. 24 to resolve the issue.
BZA President Jerry Acres opened the meeting stating his opinion that the board should not consider modifying the setback requirement of 1,500 which was made a condition when the BZA approved a conditional use permit for the wind farm. The board voted 3-to-1 to deny the request from juwi Wind without conducting a public hearing or allowing testimony from the company, affected landowners and the public.
This publicity is exactly what the wind companies wanted to avoid when they came in quickly and quietly to get leases signed and no one said a word. They and others like them (you can't begin to imagine how many more wind companies there are) understand that their business is controversial at best and damaging to the very communities they move into. They have done this a thousand times, and Big Wind knows from experience that people will stand and fight for their home value, health and safety.
The developer of the proposed Prairie Breeze Wind Farm has filed a complaint against the Tipton County Board of Zoning Appeal seeking judicial review of zoning decisions. The lawsuit filed this week by juwi Wind in Tipton Circuit Court also alleges the Board of Zoning Appeals violated Indiana's Open Door law during a July meeting.
Acres got into heated arguments with Mary Solada, attorney for juwi Wind, and Tim Ochs, who was representing the leaseholders. Acres asked if juwi was going to argue against a property value guarantee, to which Solada said it was an option. "We're not going to consider testimony to eliminate the property value guarantee," Acres said.
It appears likely the next battle over construction of the proposed Prairie Breeze Wind Farm in northwestern Tipton County will be in a courtroom. The Tipton County Board of Zoning Appeals meeting Wednesday came to an abrupt end when BZA President Jerry Acres announced he was limiting testimony on a proposed property value guarantee.
TIPTON - Tipton County paid its attorney more than $1,000 to prepare minutes from the meetings of the county council and county commissioners, an action that raised the ire of local residents.
Opponents of the proposed Wildcat Wind Farm in eastern Howard County are willing to gamble the company won't move forward with the project in the next two weeks. The opponents applauded the Howard County commissioners' decision Monday to table a renegotiated economic development agreement with E.ON Climate & Renewables.
The company proposing to build the Prairie Breeze wind farm in northwestern Tipton County has been denied its request to eliminate a property value guarantee from one of the conditions for the project. Steve Edson, director of the commission, said he made an administrative decision to deny the request.
How far is far enough? As Tipton County attempts to revise its wind ordinance, it is looking to an ad hoc committee to help decide what would be an acceptable setback for a wind turbine. The committee, made up of opponents and proponents of wind energy, presented its recommendations to the Tipton County Plan Commission Thursday, including proposals for noise, shadow flicker and lighting on turbines.