Resource Library Category: Ordinances (41 items)
Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. This resource library is provided to assist anyone wishing to research the issue of industrial wind power and the impacts of its development. The information should be evaluated by each reader to come to their own conclusions about the many areas of debate.
Wisconsin Citizens Safe Wind Siting Guidelines
Source: Wisconsin Citizens Coalition
Created by the following organizations:
BCCRWE, Brown County Citizens for Responsible Wind Energy – Brown County
CCCRE, Calumet County Citizens for Responsible Energy – Calumet County
Concerned Citizens of Smelser & Paris Township, Grant County residents – Grant County
Concerned Citizens of Trempealeau County – Trempealeau, Monroe, Rock, LaCrosse, and Dane counties
Forest Voice – St Croix County
Forward Wind Factory Victims Coalition – Fond du Lac County
Glenmore Constitutional Coalition – Brown County
Western Wisconsin Landowners Alliance – Monroe County
WINDCOWS, Wisconsin Independent Citizens Opposing Wind Turbine Sites – Manitowoc & Kewaunee Counties
Contents:
Noise Guidelines
Shadow Flicker
Wind Turbine Setback
Real Property Value Protection Plan
Citizen and Consumer Protection
Site Reclamation / Decommissioning
Electrical Pollution
Physical Protection
Communications Protection
Groundwater Protection
Wildlife / Environmental / Domestic Animal Studies and Protection
Surveillance
Wind Turbine Lighting
Change of Developer / Owner / Operator
Shared Revenue Protection
Construction Inspection
General
Audible Sound Limit
- No Wind Turbine or group of Wind Turbines shall be located so as to cause an exceedance of the pre- construction/operation background sound levels by more than 5 dBA anywhere on receiving Non-Participating property(s). The background sound levels shall be the dBA L90A sound descriptor measured during a pre-construction noise study during the quietest time of the evening or night. All data recordings shall be a series of contiguous ten (10) minute measurements. L90A results are valid when L10A results are no more than 10 dBA above L90A for the same time period. Noise-sensitive sites are to be selected based on the wind development’s predicted worst-case sound emissions (in dBA and dBC), which are to be provided by the Developer/Owner/Operator. This includes the compounding effect that multiple Wind Turbines have on noise-sensitive sites.
- Certain types of noise are more detrimental to some people than to others. As such, the following adjustments are to be made for compliance:
- A 5 dB penalty is applied for tones as defined in IEC 61400-11
- A 5 dB penalty is applied if a sound has an audible cyclic variation in sound level such as beating or other amplitude modulation.
Low Frequency Sound Limit
- The dBC sound levels from the Wind Turbines, anywhere on the receiving Non-Participating property(s), shall not exceed the lower of either:
- dBC less dBA L90A greater than 20, or
- A maximum not-to-exceed sound level of 50 dBC from the Wind Turbines without other ambient sounds for properties located at one mile or more from State Highways or other major roads or 55 dBC for properties closer than one mile. These limits shall be assessed using the same nighttime and wind/weather conditions required in section I.A.1. Wind Turbine operating sound emissions (dBA and dBC) shall represent worst-case sound emissions for stable nighttime conditions with low winds at ground level and winds sufficient for full operating capacity at the Wind Turbine hub.
- If computer modeling or sound testing at any time shows a difference between dBC and dBA sound level measurements that is more that 10 dB, a frequency analysis shall be performed to determine the source and nature of the low frequency sound. If the Wind Turbines are the source, the degree of impact on residents and animals shall be determined and action taken to eliminate the impact.
Download original document: “Wisconsin Citizens Safe Wind Siting Guidelines”
Charlestown, R.I., ordinance prohibiting wind turbines
Source: Charlestown, R.I., Town Council
[This ordinance was passed by the Charlestown, R.I., Town Council 3-2 on Sept. 12, 2011.]
The Town Council of the Town of Charlestown hereby ordains that Chapter 218 of
the Code of Ordinances, Town of Charlestown entitled Zoning, Section 37 is amended as
follows:
ARTICLE VI. Land Use Regulations.
Section 218-37. Specific Land Use Standards and Conditions.
The existing text of this Section is to be deleted in its entirety and replaced with the following text:
D. Utilities
(4) Wind Energy Generator Towers and Systems
(4) Wind Energy Facilities
(a) Purpose. The purpose of this section is to provide for prohibit the construction and operation of wind energy facilities, as defined below, and to provide standards for the placement, design, construction, monitoring, modification and removal of wind energy facilities that address to protect the public safety and health, and minimize negative impacts on to preserve the scenic, natural and historic resources of the town.
(b) Definitions. [...]
(c) Applicability. No Wind Energy Facility or Wind Turbine of any sort or nature is permitted in any zoning district located in the Town. Such uses are prohibited uses in all zoning districts.
Download original document: “Prohibition of Wind Energy Facilities”
An Ordinance to Impose a Temporary Stay on Construction of Large Wind Energy Systems in the Town of Holland
Source: Town Board, Holland, Wis.
ORDINANCE NO. 3-1-2010-B
Recitals:
1. A “wind energy system” is an electricity generating facility consisting of one or more wind turbines under common ownership or operating control, and includes substations, MET Towers, cables/wires and other buildings accessory to such facility, whose main purpose is to supply electricity to off-site customer(s). A “wind turbine” is a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator. A “large wind energy system” is a wind energy system with turbines exceeding 170 feet in height and 100 kilowatts in nameplate capacity.
2. There is an interest in establishing wind energy systems in the Town of Holland.
3. There exist potential health and safety issues related to the construction of large wind energy systems including, but not limited to, electrical connections, electric and magnetic fields, tower failure (falling turbines), tower climbing, falling ice, blade thrower, flicker or shadow flicker, and noise.
4. The Town currently has an Ordinance regarding wind energy systems but Town residents have informed the Town Board at a public hearing that the current ordinance is inadequate to protect the public health and safety of the Town residents and that particularly the present setback requirements are insufficient to provide reasonable protection from health effects including health effects from noise and shadow flicker associated with wind energy systems.
5. The Town Board has been authorized under Wis. Stat. 60.10(2)(c) to exercise powers conferred on Village Boards, and also has the authority to adopt zoning regulations under Wis. Stat. 60.61 and 60.62 and 61.35.
6. The Town is beginning the process of reviewing its present ordinance and adopting an ordinance that will provide a review and permitting process and ensure the health and safety standards for large wind energy systems, and to adopt an ordinance that complies with Wis. Stat. 66.040(m)(a) to (c) and which complies with Wis. Stat. 196.378(4g).
7. On February 1, 2010, the Town Plan Commission conducted a public hearing preceded by publication of a notice, regarding what process the Town should use to study and develop a large wind energy system ordinance, and whether the Town should impose a temporary stay on the construction of large wind energy systems while the Town is considering amendment and changes to its present ordinance. The Town Plan Commission did recommend passing an amendment to its ordinance by creating a setback of 2,640 feet from inhabited structures for wind energy turbines and a moratorium on the construction of said facilities be placed for one year so that the Town can study the health and safety issues associated with wind energy systems.
8. That the Town Board on February 1, 2010 Board Meeting discussed the recommendations of the Town Plan Commission. The Town Board proceeded to direct the attorney for the Town to draft an amendment to the present ordinance regarding the setback from inhabited structures for wind energy turbines to be 2,640 feet from an inhabited structure and draft a moratorium for one year on the construction of said wind energy systems, and to appoint a committee to study the wind energy ordinance and to make suggested recommendations with regard to appropriate amendments. The Town Board has appointed a committee to advice with regard to changes in its present ordinance regarding large wind energy facilities to protect the health and safety of the residences of the Town and to gather information and
documentation with regard to the operation of the facilities.
9. That the State of Wisconsin has enacted 2009 Wisconsin Act 40 amending Wis. Stat. 66.0401(1m) and other statutes regarding regulation of wind energy systems and granting rule making authority to the Public Service Commission with advice of the wind siting council to promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of wind energy systems consistent with the conditions specified in 66.0401(1m)(a) to (c). The subject matter of the rule shall include setback requirements that provide reasonable protection from any health effects from noise and shadow flicker, associated with energy systems. Such rules should also include decommissioning which may include visual appearance, lighting, electrical connections to power grid, setback distance, maximum audio sound levels, shadow flicker, proper means of measuring noise, interference with radio, telephone, television signals, or other matters. A political subdivision may not place restrictions on installation or use of wind energy systems that is more restrictive that these rules. To date, no such rules have been promulgated by the commission therefore a stay or moratorium would protect the health and safety of the residents of the Town until Town has amended its ordinance to adequately protect the health and safety of the Town residents.
10. As the Public Service Commission has not yet promulgated rules that specify the restrictions that the Town may impose on the installation or use of a wind energy system pursuant to S.S. 196.379(4g) of the Wisconsin Statutes, created by Act 40, and as it is uncertain when the rules specifying such restrictions will be promulgated by the Public Service Commission, a moratorium is necessary for the protection of the health and safety of the residents of the Town until such rules are promulgated or until the Town has amended its present ordinance in a manner sufficient to protect the health and safety of the public.
11. The Town Board agreed with the Town Plan Commission’s recommendation regarding the process that should be followed to amend the present ordinance and determined that the adoption of a temporary stay or moratorium will promote public health and safety of the people in the Town.
NOW THEREFORE, based on the above recitals and pursuant to Article XI, Section 1 of the Wisconsin Constitution, Sections 60.22( 3 ), 61.34, 60.61 and 60.62 of the Wisconsin Statutes, and any and all other sources of authority that authorize the adoption of this ordinance, the Town Board of Holland, Brown County, Wisconsin, dose hereby ordain as follows:
Section 1. Temporary Wind Energy System Stay (Moratorium)
There is hereby established a temporary stay (moratorium) on the construction of large wind energy systems in the Town. During the temporary stay provided by this ordinance it shall be unlawful to install or construct any large wind energy system or part thereof, and the Town shall not accept or process any applications relating to the proposed construction of any large wind energy system.
Section 2. Duration
One year from the date hereof.
Section 3. Inconsistent Ordinance Voided
All ordinances or provisions of ordinances inconsistent with or contravening the provisions of this Ordinance are hereby temporarily voided and shall have no legal force or effect during the period that this Ordinance is in effect.
Section 4. Scope
The temporary stay provided by this Ordinance shall apply throughout the Town.
Section 5. Severability
If any section or part of this Ordinance is adjudged to be unconstitutional, unlawful, or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.
Section 6. Effective Date
This Ordinance shall become effective upon adoption and publication or posting, as provided by law.
The above and foregoing Ordinance was duly adopted by the Town Board of the Town of Holland at a meeting held on March 1, 2010 by a vote of 3 in favor, 0 opposed and 0 not voting.
Recommended Update of Sample Zoning for Wind Energy Systems
Source: MacMillan, William; Punch, Jerry; and Rosenman, Kenneth
On April 16, 2008, a document titled Sample Zoning for Wind Energy Systems was published by the state of Michigan. That document is attached as an appendix. Recent contacts with Michigan state government offices revealed that the state has no current plans to update the guideline. Consequently, we prepared this report in an attempt to inform the public and assist municipalities and counties that are responsible for developing zoning for wind energy systems. We strongly recommend that the state of Michigan consider our recommendations in adopting an official revision of its earlier guideline on the siting of onshore, utility-scale wind turbines. …
The proposed revisions were developed through regular meetings, consultation with experts in acoustics and wind turbine design, reviews of the existing scientific literature and the review of currently adopted siting guidelines of states and foreign countries.
Download original document: “Recommended Update of Sample Zoning for Wind Energy Systems”
