HomeMy WebLinkAboutBlack-Oak-Wind-Farm-Community-Relations-and-Complaint-Procedure-HBROC-2835487-v2.pdf
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BLACK OAK WIND FARM
Town of Enfield Community Relations and Complaint Resolution Procedure
Black Oak Wind Farm, LLC (the “Project Sponsor”) seeks to construct and operate a
seven (7) turbine wind-powered generating facility, known as the Black Oak Wind Farm (the
“Project”), to be located on leased private lands within the Town of Enfield (the “Town”).
The following community relations and complaint resolution procedure will ensure that
concerns by neighbors regarding traffic, potential noise, shadow flicker, electromagnetic
interference, and/or a reduction in property values associated with the development,
maintenance, and operation of the Project will be adequately mitigated and/or addressed in a
timely and effective manner. The complaint resolution procedure will also ensure that the
Project Sponsor and the Town work cooperatively together to resolve any complaints that may
arise.
Community Relations
Many complaints relating to the development of the Project can be pro-actively avoided
by communicating widely and often with the Town and the property owner. If the community is
made aware ahead of time of activities that could cause disruption, such as construction noise or
slow vehicles, community members can make plans to avoid such disruptions and the number of
disturbances and/or complaints will be lessened.
1. Throughout the construction of the Project, a communication link with the Town will be
maintained in order to maximize cooperation during the construction phase.
2. Prior to the commencement of any construction, the Project Sponsor will coordinate with
the Highway Superintendents to develop and provide the Town with a documented record
of all existing major roads and infrastructure with which the project will interact. Such
documentation will also be provided directly to emergency service providers and schools.
3. All equipment transportation schedules and transportation routes will be made public
through the established communications link.
4. During construction, speed limits will be imposed and enforced on construction traffic.
5. The Project Sponsor shall comply with the conditions of the authorizing permits and
conditions applying to construction and maintenance activities.
Complaint Resolution Procedure
In order to resolve complaints in a prompt and effective manner, complaint procedures
should be followed as closely as reasonably possible under the circumstances. The complaint
resolution procedure shall be in place for the life of the Project.
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Complaint Resolution Procedure for Residents and Property Owners
The complaint resolution procedure for residents of the Town and property owner shall
be as follows:
1. Prior to construction, the Project Sponsor shall set up a toll-free number for use by the
local residents of the community that will be provided on both the Project Sponsor’s
website and the Town’s website.
2. Complaints may be made through the following channels:
a. By calling the toll-free number;
b. By making a written complaint addressed to the Project Manager at the Project
Sponsor’s principal place of business; or
c. By making a written complaint addressed to the Town Board of the Town of
Enfield (the “Town Board”).
3. In the event the Project Sponsor receives a telephone or written complaint, the Project
Sponsor shall inform the Town Board in writing within 5 days of the details of such
complaint.
4. In the event the Town Board receives a written complaint regarding the Project, the Town
Board shall inform the Project Sponsor in writing within 10 days of the details of such
complaint.
5. A log will be kept by the Project Sponsor of the name and contact details of the
complainant and the actions taken to resolve the complaint. The Project Sponsor shall
make the log available to the Town Board for inspection upon request.
6. Upon the Project Sponsor’s receipt of a complaint, either directly or through the Town
Board, the Project Sponsor shall promptly contact the complainant to investigate and
resolve the issue to the satisfaction of both parties. In the event that the complaint is not
resolved to the satisfaction of the complainant, or that an agreed upon solution is not
under development within thirty (30) days of receipt of the complaint, the complainant
may refer the matter to a mutually acceptable mediator or arbitrator. The Project Sponsor
shall make every reasonable effort to resolve all complaints.
7. The Project Sponsor has conducted a visual impact assessment, shadow flicker study,
acoustic study, and microwave stud y in accordance with the Town’s State Environmental
Quality Review of the Project. However, in the event of complaints relating specifically
to sound, shadow flicker, and electromagnetic interference, the Project Sponsor shall
proceed as follows:
a. Sound: In the event of a complaint about potential turbine noise, the Project
Sponsor shall conduct site-specific sound studies at those locations related to the
complaint. If the turbine noise exceeds the existing sound standards for the
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Project based on the Acoustic Study and Acoustic Study Update, the Project
Sponsor shall determine which sound component is problematic and develop
recommendations to correct the problem. The Project Sponsor shall have
reasonable discretion in proposing effective responses to satisfy the complainant
as permitted under applicable laws and regulations.
b. Shadow Flicker: In the event of a complaint about turbine shadow flicker, the
Project Sponsor shall conduct site-specific studies at those locations related to the
complaint. If the turbine shadow flicker exceeds the existing turbine shadow
flicker standards for the Project based on the Shadow Flicker Study and Revised
Shadow Flicker Study, the Project Sponsor shall determine which flicker source is
problematic and develop recommendations to correct the problem. The Project
Sponsor shall have reasonable discretion in proposing effective responses to
satisfy the complainant as permitted under applicable laws and regulations.
c. Electromagnetic Interference: In the event of a complaint about turbine
interference with microwave, radio or television reception, the Project Sponsor
shall conduct site-specific and spectrum specific studies at such locations. If the
Project is found to be interfering with microwave, radio or television reception ,
the Project Sponsor shall investigate potential sources and develop
recommendations to correct the problem. As permitted under applicable laws and
regulations, the Project Sponsor shall have reasonable discretion in proposing
effective responses that will satisfy the complainant, including wind farm
equipment modifications that reduce interference, the installation of re-routing
signal path equipment, the replacement of antennae or receiving equipment, the
substitution of cable, satellite or other signal securing equipment for the
complainant, or the securing of electronic interference easements from the
complainant.
8. In the event of complaints relating specifically to a reduction in residential property value
from property owners located within a one (1) mile radius of any wind tower as measured
from the base of the wind tower at ground level to the nearest property line of the
complainant’s existing residence, the Project Sponsor shall proceed as follows:
a. If the complainant’s property is sold at a price lower than the assessed price as set
by the Tompkins County Assessment Department as a result of the property’s
proximity to a wind turbine that is part of the Project, after the property has been
on the market in the hands of a licensed real estate agent for two hundred seventy
(270) days consecutively, the Project Sponsor will guarantee payment to the
complainant of such difference minus any real estate commission and normal
costs associated with the sale of real estate in Tompkins County.
b. If the complainant accepts any offer of purchase for the assessed price, the Project
Sponsor shall not have any financial responsibility to the complainant.
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c. The complainant must have been the legal owner of the real property at the time
the Town issued a permit to the Project Sponsor for the Project.
d. Such a complaint shall detail the property owner’s efforts in attempting to sell the
property including the real estate agent, the assessed price of the property, the
listed price of the property, the amount of time the property was on the market,
and reasonable proof the purchaser would not pay the assessed price because of
the property’s proximity to a wind turbine.
e. The Project Sponsor shall make payment to the complainant within thirty (30)
days of the sale.
f. If there is a dispute regarding payment or payment does not occur within thirty
(30) days of the sale, either the Project Sponsor or the complainant may refer the
matter to a mutually acceptable mediator or arbitrator.
g. If any complainant shall enter into a so-called “Good Neighbor Agreement,”
wherein they allow the placement of a wind turbine closer than one (1) mil e
and/or if they should receive any compensation from the Project Sponsor, then
they shall be excluded from the right to make such a complaint.
Complaint Resolution Procedure for the Town
The complaint resolution procedure for the Town shall be as follows:
1. In the event the Town submits a complaint to the Project Sponsor on behalf of the
residents and property owners of the Town, the Project Sponsor shall promptly conduct
any appropriate studies to determine the existence of any problem with the Project. Such
study shall be conducted by independent consultants and the results made available to the
Town.
2. If a problem is found to exist, the Project Sponsor and Town will engage in discussions to
develop and propose actions to resolve the problem.
3. If a resolution that is reasonably satisfactory to the Project Sponsor and Town is
determined, the Project Sponsor will deliver to the Town a written statement of the
resolution that will be incorporated, by reference and any formal action necessary, into
the underlying permit as a condition of operations.
4. The Project Sponsor shall then implement the resolution actions.
5. In the event that an agreed upon solution is not under development within thirty (30) days
of receipt of the complaint, either the Town or the Project Sponsor may refer the matter
to a mutually acceptable mediator or arbitrator. The Project Sponsor shall make every
reasonable effort to resolve all complaints of the Town.
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Unless otherwise specified herein, any notification required by the complaint procedures
described herein shall be made in writing and delivered or mailed by first class mail to the Town
Board or the Project Sponsor at the following locations:
Town of Enfield Town Board
Enfield Town Hall
168 Enfield Main Road
Ithaca, New York 14859
Black Oak Wind, LLC
Attn: Marguerite Wells, Project Manager
863 Hayts Road
Ithaca, New York 14850
Written by Frank Pavia, Harris Beach
June 2016
282073 2835487v2