Documents filed under Zoning/Planning

Decision: Tuscola Wind III v Almer Township MI

Tuscola_iii_v_almer_township_order_thumb This important decision by US District Court Judge Thomas L. Ludington addresses two arguments proffered by the wind industry. The first relates to the industry's argument that noise standards for limiting turbine noise emissions that are based on Lmax are not reasonable. The second discusses the argument that restricitve ordinances, in this case an Lmax noise limit, are de facto exclusionay zoning. Judge Ludington takes both claims on and finds the wind company's arguments are without merit. A portion of the decision is provided below. The full decision can be downloaded from this page.
3 Nov 2017

Somerset County, Maine: Resolution on Industrial Wind Energy Development

Somerset_county_wind_resolution_thumb At the September 6, 2017 meeting of the Somerset County Maine Commissioners, the Board adopted Resolution 17 – 164 that publicly opposes any additional industrial Wind Development in Somerset County. The agenda for the meeting can be found here. The full resolution, as adopted, is provided below and can be accessed at the links on this page. 
6 Sep 2017

Order denying permit for APEX Timbermill Wind proposal

Timbermill_order_thumb In a 3-2 vote, the Perquimans County Board denied an application by Apex Clean Energy to erect the Timbermill wind energy facility. Timbermill, if approved, would have sited 57 turbines, each standing 599-feet tall. The order detailing the decision can be accessed by selecting the document icon on this page. The Conclusion of the order provided below.
22 Nov 2016

Buckfield Maine wind ordinance

The town of Buckfield Maine adopted a wind ordinance that established a setback distance of 1 mile between a wind turbine and the property line of an adjacent property. Noise was limited to no more than 3 dba above the preconstruction sound levels. To access the ordinance, select the link on this page.
17 Jun 2016

Court rules in favor of county setback regulations

Image2016-06-01-153709_thumb In regards to the request for a judicial review filed by Apex, Judge Bailey of Greensburg entered his judgment on June 1, 2016 affirming the Rush County Board of Zoning Appeals July 1, 2015 decision, with the Setback Condition. If no appeal is filed, the judicial review will conclude. A brief summary of the ruling can be found below. The order issued by the judge can be accessed by clicking the link(s) on this page. 
1 Jun 2016

Falmouth Zoning Board of Appeals Ruling

308985283-falmouth-zoning-board-of-appeals-ruling_thumb In this detailed ruling issued by the Falmouth Zoning Board of Adjustment in reference to Wind 1, one of two Vestas 1,65 MW turbines sited at the town's water treatment center, the board listed 38 separate finding on whether a permit should be issued that would allow the turbine to continue operating. The turbine was shut down following a court ruling that found the turbine was erected the town without first securing a permit. Some of the 38 findings are provided below. The full document can be accessed by clicking the links on this page.  
15 Apr 2016

Falmouth Wind Turbine: Deemed ineligible for permit

302178715-decision-making-spreadsheet_thumb On the morning of March 5, 2016, the Falmouth Zoning Board of Appeals (ZBA) deliberated over whether the Town's application for a special permit to retain Wind 1 should be approved. Wind 1 is the first of two Vestas V82 1.65 MW turbines erected at the community's wastewater treatment facility. The turbines created significant controversy following noise complaints by nearby residents beginning in 2010 when the turbines were first turned on. In a February 2015 ruling, the Massachusetts appeals court found that the Town of Falmouth failed to meet the requirements under the local bylaws when it erected Wind 1 without first obtaining a permit. The ZBA hearing was to determine whether a newly filed application met the requirements for a permit to be issued retroactively. Wind I has been idle since September 2015. The attached documents represent the arguments by the town's attorney (in favor of issuing a permit), the residents (on why a permit should not be issued), and a spreadsheet itemizing the decisions that need to be made the the ZBA. The below summary by Mark Cool explains how the Board ruled on each of the decisions. 
5 Mar 2016

Freedom Maine: Wind Ordinance

Freedom-maine-wind-ordinance2015_thumb The Town of Freedom in Maine adopted this Wind Energy Ordinance requiring setbacks of 13 times the turbine height for three larger classes of windmills, which can represent a distance up to 1-mile. The ordinance limits nighttime noise emissions to 35 dB(A) and shadow flicker to no more than 10-hours per year on properties that are not participating with the the wind project. Portions of the ordinance are provided below. The full ordinance can be accessed by clicking the links on this page.
26 Nov 2015

Boone County Illinois wind ordinance

Newwecsordinance-boonecountyil_thumb Following 9 months of testimony and cross examination as well as supportive votes cast by the Boone County zoning board of adjustment, the full county board met and passed this wind energy ordinance with a 9 to 3 margin. The ordinance provides for several protective provisions including establishing setback distances of 2,640 feet or 5.5 times the height of the wind turbine including the blades at the highest point, whichever is greater. A protion of the ordinance is provided below. The full document can be accessed by clicking the links on this page.
15 Nov 2015

Mason County Michigan Wind Ordinance

Masoncountywind7.1.15_thumb The Mason County, Michigan Planning Commission adopted thie wind energy ordinance effective July, 2015. This ordinance was developed following noise and shadow flicker complaints tied to Consumers Energy Lake Winds wind project. Portions of the ordinance are posted below. The full ordinance can be accessed by clicking the links on this page.
26 Jun 2015

Minutes: El Paso County Planning Commission votes to deny Golden

Elpaso-pcminutes01-06-2015_thumb These minutes of the El Paso County Planning Commission January 6, 2015 hearing end with the Planning Commission voting to deny recommending approval of the amended Golden West wind energy facility that would site a 250 MW project in the county. Seventy-five people were present in the hearing room to speak either in favor of or in opposition to the project. The final vote was 6-3 to deny the project with the primary reasons for denial being impacts on the health, safety and welfare of the residents, The full minutes for the hearing can be accessed by clicking the links on this page.
6 Jan 2015

Turbine denied (Joicey V Northumberland County Council)

Joiceyr_v_northumberland_county_council_2014_ewhc_3657_thumb In this case, the claimant, Andrew Joicey, argued six grounds for overturning the planning approval of a 100kilowatt wind turbine. Primary among the complaints was that the planning council did not provide public access to the turbine noise assessment report until a day before the hearing where approval was granted. Complaints were also issued over whether the council properly considered the cumulative impact of noise from a neighboring wind project. The count agreed with Mr. Joicey and overturned the approval. This is the third time the court overturned a planning decision approving this turbine. The decision can be accessed by clicking the links on this page. The introduction of the decision is provided below. 
11 Nov 2014

http://www.windaction.org/posts?topic=Zoning%2FPlanning&type=Document
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