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HomeMy WebLinkAboutProposal for TEWF Advisory Committee.pdf Proposal for the Town of Enfield Wind Farm Advisory Committee Here is the outline of the local residents',proposals: General Comments: • There are two basic issues to address: o Amendment of town law to address future projects o Amendment of town law to address the Black Oak Wind Farm project • We think it is reasonable to bifurcate this process and propose a more limited set of amendments to the Black Oak Wind Farm in the spirit of compromise than we will otherwise propose for the overall law changes • It is not realistic to try and address amending town law for future projects on the current timeline in the current fashion o Need a moratorium of 6-12 months to address these amendments in a thoughtful process • We understand BOWF's desire for a speedy process around any law changes related to its project o We are prepared to discuss the material changes to the BOWF,project on an expedited process o Need a short moratorium to address those changes Residents'Proposal• The following proposals only address our proposals with respect to the existing Black Oak Wind Farm. It is not practicable to outline our proposals for a comprehensive amendment to the Town of Enfield Wind Energy Facilities Local Law at this point in time. These proposals are not intended to be interpreted as necessarily acceptable to the residents in connection with a more comprehensive,review of the existing law for future projects. For purposes of a compromise with Black Oak,we have limited our proposals to material terms. Setbacks Setbacks need to be measured from property lines, residences,schools, hospitals, libraries,state parks, utility lines and public and private roadways. While we prefer the setbacks to be the greater of 2 kilometers or 12 x the rotor diameter,we are willing to compromise for Black Oak Wind Farm at 1,500 feet. Noise and Flicker Limitations— In general,for noise we are willing to compromise at 40 dBa during the day and 35 dBa at night, measured at the residence, but need stronger enforcement and mitigation protections. We are open to discussion about what the infrasound limits should be. See,for example,Section 13.2 of the Town of Freedom Wind Turbine Ordinance below. With respect to flicker, we are willing to accept the proposed 30 hour limitation proposed by Black Oak Wind Farm but need stronger enforcement and mitigation protections if flicker exceeds 40 hours. See, for example,Section 13.3 of the Town of Freedom Wind Turbine Ordinance below. "13.2 Noise Standards 13.2.1 Noise Standards for Type 1 and 2 wind turbines For Type 1 and Type 2 Wind Turbines, audible noise levels(dBA)at any property line due to wind turbine operations shall not exceed 35 dB(A)from 6 AM (8 AM on Sundays)to 8:30 PM and 30 dB(A)from 8:30PM to 6 AM (8 AM on Sundays). Property owners may waive this noise restriction with a written Mitigation Waiver.(see Section 13.4-Mitigation Waiver).` 13.2.2 Noise Standards for Type 3 and 4 wind'turbines: a. Audible noise levels (dBA)due to wind turbine operation shall not exceed either of the following two conditions: 1. The pre-construction ambient noise level by more than 5dBA as measured at any property line. Pre-construction ambient noise studies shall be conducted,by the applicant, for all properties located within 2 times the setback of proposed wind turbine site. 2. The audible noise levels will not exceed 40 dBA during the day or 35 dBA during the night. b. Low frequency noise levels(dBC) due to wind turbine operation as measured inside an occupied building or at any property line will not exceed: 1. 20 decibels(measured as dBC) above the pre-construction ambient noise level (measured as dBA).Pre-construction ambient noise studies shall be conducted, by the applicant,for all properties located within 2 times the setback of proposed wind turbine site. 2. 50 dBC. Property owners may waive these noise restrictions with a written Mitigation Waiver. (see Section 13.4 Mitigation Waiver) Noise measurement standards and procedures that must be used are contained in Appendix A. 13.2.3 Violations and Enforcement 13.2.3.1 A serious noise violation is defined as three (3) verified noise complaints as defined by a written or verbal complaint received by the Code Enforcement Officer attributed to the operation of a Wind Turbine within a period of one month or less with a measurable noise level greater than: 1) 10 dBA above the noise limits listed in section 13.2.1for Type 1 and Type 2 Turbines; or 2)10 dBA above pre- construction ambient noise levels or 50 dBC inside or at an Occupied Building. For serious violations the Owner/operator will respond within five (5) days of the complaint. Testing, if necessary, will be paid for by the Owner/operator and hired independently by the Town, and will commence within ten working days of the complaint. Testing will be conducted for a minimum of a one month period according to the measurement standards and procedures in Appendix A. The Owner/operator is responsible for mitigating the problem within ten (10) days from the Code Enforcement Officer's final determination of any cause attributed to the operation of the Wind Turbine. Failure to mitigate the problem will result in the Wind Turbine being declared unsafe and emergency shutdown procedures will be implemented per Section 22.4 of this Ordinance. 13.2.3.2 Noise violations not determined to be a serious violation pursuant to Section 13.2.3.1 shall be managed pursuant to Section 22.6.Testing, if necessary,shall be hired by the Enforcing Authority and will be paid for from the testing escrow account.Testing will be conducted for an appropriate period of time and conducted according to the measurement standards and procedures set forth in Appendix A.The Owner/operator is responsible for mitigating the problem within 30 days from a final determination of any cause attributed to the operation of the Wind Turbine Project. Mitigation involving significant construction or physical modification may have up to 90 days to be completed pursuant to Section 16.4.1. 13.3 Shadow Flicker and Blade Reflection 13.3.1 Wind Turbines shall be designed and sited so that shadow flicker and/or blade reflection will not fall on a shadow flicker receptor as defined in Section 8. The flicker or reflection shall not exceed 10 hours per year for any given receptor. 13.3.2 Violations and Enforcement 13.3.2.1 A serious shadow flicker or blade reflection violation is defined as: 1)three (3) days of shadow flicker or blade reflection, in any one month falling on an Occupied Building receptor that, if annualized, will We want the Board to clarify that the surety for any decommissioning costs is determined without regard to any salvage value. Liability Insurance and Indemnification We want Black Oak to be required to purchase liability insurance with the Town of Enfield named as an additional insured. See,for example,Section 15.3 of the Town of Freedom Wind Turbine Ordinance below. We also would like to see Article IX,Section 5 of the Town of Enfield Wind Energy Facilities Local Law to be expanded to hold the town harmless from any losses or damages related to the ongoing operations of the wind farm. Alternatively,the town should require Black Oak(and its successors in interest)to contractually hold them harmless for any losses or damages related to the ongoing operations of the wind farm. "15.3 Liability Insurance The Applicant or its designee shall annually provide certificates of a current general liability policy for the Wind Turbine and/or Wind Turbine Project that covers bodily injury and property damage with limits in an amount commensurate with the scope and scale of the Turbine or Project as determined by the Planning Board, as part of the application, with the Town of[Freedom] named as additional insured. The amount my not be unreasonable as determined by industry standards." Inspections We want an inspection provision similar to Section 16.5.3 of the Town of Freedom Wind Turbine Ordinance below. The penalties for violating the law should be strengthened as well. "16.5.3 Inspections Wind Turbines shall be inspected after construction is completed but before becoming operational, and at least every five years thereafter,for structural and operational integrity by an independent Maine licensed professional engineer not employed by the Owner/operator and approved by the Code Enforcement Officer.The Owner/operator shall submit a copy of the inspection report to Code Enforcement Officer. if such report recommends that repairs or maintenance are to be conducted,the owner shall provide the Code Enforcement Officer a written schedule for the repairs or maintenance. Failure to complete the repairs or maintenance in accordance with the schedule shall be deemed a violation of this Ordinance." be estimated to be more than 20 hours per year.The predictive annualized calculation for Occupied Buildings shall assume clear weather,but take into account seasonal tracking of the sun. For serious violations the Owner/operator will respond within five(5)days of the complaint. Field verification and modeling, if necessary, will be hired by the Enforcing Authority and paid for from the testing escrow account.The Owner/operator is responsible for mitigating the problem within ten (10) days from the Code Enforcement Officer's final determination of any cause attributed to the operation of the Wind Turbine. Failure to mitigate the problem will result in the Wind Turbine being declared unsafe and emergency shutdown procedures will be implemented per Section 22.4 of this Ordinance. 13.3.2.2 Shadow flicker and blade reflection not determined to be a serious violation pursuant to Section 13.3.1,shall be managed pursuant to Section 22.6. Field verification and modeling, if necessary,will be hired by the Enforcing Authority and paid for from the testing escrow account.The Owner/operator is responsible for mitigating the problem within 30 days from a final determination by the Code Enforcement Officer of any cause attributed to the operation of the Wind Turbine Project. Mitigation involving significant construction or physical modification may have up to 90 days to be completed pursuant to Section 16.4.1." Property Value Guarantee We want Black Oak to agree to enter into Property Value Guarantee Agreements similar to the attached agreements with non-participating landowners. Light Pollution We want a provision similar to Section 16.2.6 of the Town of Freedom Wind Turbine Ordinance below: "16.2.6 Light Pollution The Wind Turbine Project shall be designed to minimize the amount of nighttime light pollution.The Applicant shall provide a plan showing lighting on and around all Wind Turbines and Associated Facilities. Lighting on Wind Turbines shall be illuminated to Federal Aviation Administration (FAA) minimal standards using only red rather than white lights, if possible.The minimum number of Wind Turbines shall be illuminated, per FAA rules. Lighting shall be shielded from ground view to FAA maximum standards." Decommissioning Baseline Health Study We would like Black Oak to undertake a baseline health study similar to the one outlined in §205.43.5, F. 1. n (xvi)of the Town of Somerset Zoning Law below. (xvi) "A health report utilizing available background health, including mental health, analysis for the Town,and the region including age, proliferation of known health disorders; effects of noise presence of WECS and flicker effect on people, as well as a proposed means of accessing a health background on individuals who wish to participate for determination of health effects if a WECS is constructed. A thorough analysis of the potential health effects including mental health related to Commercial/Industrial Wind Turbines,and`a Plan to mitigate each affects and to address them."