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."