Resource Documents: Law (60 items)
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Author: Infinity Power Partners
Download original document: “Easement for Wind Energy Development: Triple H Wind Project”
Author: Court of Common Pleas, Carbon County, Pa., Civil Division
28. Atlantic Wind has failed to produce sufficient evidence and failed to sustain its burden to show that the proposed Wind Turbine project will comply with section 402.A.54.p of the Zoning Ordinance.
29. As Atlantic Wind has failed to meet its burden of proof and persuasion regarding the specific requirements of the Zoning Ordinance for wind turbines, no presumption has arisen that Atlantic Wind’s proposed use is consistent with the health, safety and general welfare of the community.
30. Although we find that no burden has shifted to the Objectors to present evidence and persuade this Court that the proposed use will generate adverse impacts not normally generated by such use and that these impacts would pose a substantial threat to the health and safety of the community, the Objectors presented credible expert testimony and scientific evidence that the proposed use will have a detrimental effect on the health, safety and welfare of the community. …
38. The current principal use of the proposed Project Area is for the production of potable water.
39. The proposed wind turbine project would be an additional principal use in the Project Area. ( Zoning Ordinance, section 306.B.1).
40. Unless Bethlehem Authority ceases to use the Project Area for the production of potable water, the Wind Turbine Project would constitute a second principal use within a residential district in violation of section 801.B.2 of the Zoning Ordinance.
41. As Atlantic Wind does not meet the requirements of the Zoning Ordinance relative to the proposed use and does not challenge the validity of the Zoning Ordinance nor seek to have the property re-zoned, the application for a special exception to permit wind turbines in an R-1 zoning district must be denied.
42. Having failed to meet its burden of production and persuasion concerning its request for a special exception to permit wind turbines in an R-1 zoning district, Atlantic Wind’s second request for a special exception to permit an operations and safety building as a use not specifically provided for (and not prohibited) in any of the zoning districts is rendered moot and denied.
43. Having failed to meet its burden of production and persuasion concerning its request for a special exception to permit wind turbines in an R-1 zoning district, Atlantic Wind’s request for an interpretation of the Zoning Ordinance relative to the proposed permanent meteorological towers being permitted as either integral parts of the wind turbine use or as accessory uses or structures which are customary and incidental to the wind turbine use is rendered moot and denied.
44. Having failed to meet its burden of production and persuasion concerning its request for a special exception to permit wind turbines in an R-1 zoning district, Atlantic wind’s request for a special exception to permit the permanent meteorological towers as a use not specifically provided for (and not prohibited) in any of the zoning districts is rendered moot and denied. …
As Atlantic Wind has failed to demonstrate that the sound produced by the proposed wind turbines will not exceed forty-five (45) A-weighted decibels and that there will be only one (1) principal use on the proposed project area, Atlantic wind has failed to meet its burden of persuasion that the proposed wind turbine project will comply with all the objective requirements for a special exception to be granted under the Penn Forest Township Zoning Ordinance. Therefore, the deemed approval of Atlantic Wind’s application for a special exception must be vacated and we will enter the following
ORDER OF COURT
AND NOW, to wit, this 21st day of April, 2020, upon consideration of Appellants’ land use appeal and the oral argument of counsel thereon, our review of the record created before the Penn Forest Township Zoning Hearing Board and the Referee appointed by this Court, the briefs of the parties, and the report of the Referee, and in accordance with our Memorandum Opinion bearing even date herewith, it is hereby ORDERED and DECREED as follows:
1. The land use appeal of Phillip C. Malit sch and Christopher Mangold is GRANTED;
2. The deemed approval of the application of Atlantic Wind, LLC, for a special exception under the Penn Forest Township Zoning Ordinance is VACATED; and
3. The application of Atlantic Wind, LLC for special exceptions under the Penn Forest Township Zoning Ordinance is DENIED.
Download original document: “Malitsch and Mangold v. Penn Forest Township Zoning Hearing Board”
Author: West, Michael
Despite their generally positive reputation as sources of clean, safe energy, Industrial Wind Turbines (IWTs) do have their critics. For years, residents living in the vicinity of IWT clusters have reported a variety of physical ailments which they attribute to the sounds and vibrations emanating from wind turbines (Kelley, 1985; CBC.ca, 2011). Noise bylaws, setback distances and other regulations applied to IWTs appear to be based on analysis methods used historically with industrial applications, where noise tends to be constant or semi-constant and in the audible range. The noise generated by IWTs is quite different – spiky and high amplitude – like an exploration seismic source pulse, and mainly found in low frequencies not detectable by human hearing (i.e. infrasound or “below hearing”). This article looks at the signals generated by IWTs from a geophysicist’s perspective. …
The analysis of the operating IWTs on the ground and the seismic and air-pulse recordings confirms that large horizontal axis Industrial Wind Turbines act like airgun seismic sources that create low frequency pulses approximately once per second. The audible part of the air pulse makes a sound like “whump” so, as per geophysical industry tradition, we should name the IWT a “whumper” seismic source (as opposed to a thumper or puffer which would require a faster rise-time on the pulse). Most of the amplitude of the pulse exists at frequencies below the audible range, so a person stopping by the roadside to listen to an IWT may not hear anything and is likely to think that they make no significant “noise” at all.
Two aspects of IWT-generated noise do not appear to have been adequately accounted for in the creation of regulations for the IWT industry: that the noise contains many spurious, high amplitude spikes, and that it is mainly found in the low, infrasonic frequencies. An impulsive noise source such as an IWT requires amplitude measurements over short time windows like 1 second and little or no averaging of data during analysis. Long analysis time windows and averaging amplitude over 1/3 octave band frequency ranges is an acoustics industry testing method appropriate only for higher frequency “whirring” machines like diesel generators or milling machines. Current Ontario Government regulations do not include testing frequencies lower than 31.5 Hz. “Noise” testing procedures for regulation of IWTs should be revised to include all low frequencies created by the IWTs because the low frequency events contain the most power and highest amplitudes.
Conversion of non-weighted peak pulse amplitudes from the microphone recording in Figure 9, at 550 meters offset in 20 kph winds including the full frequency range to 1 Hz, revealed peak Sound Pressure Levels of 65 dB or more. Additionally, the SPL noise limit specification should not be increased with increased wind speed as this makes no sense. Governments and agencies tasked with the regulation of IWT installations should review and revise their testing protocols, so that regulations that reliably protect the health of people and animals living in the vicinity of IWTs can be implemented.
Michael West, P. Geoph., B.Sc., GDM
Canadian Society of Exploration Geophysicists | Recorder, Jun 2019, Vol. 44, No. 04
Download original document: “The Industrial Wind Turbine Seismic Source”
Author: Invenergy Wind Development
Deuel County, State of South Dakota
Download original document: “Invenergy Wind Lease and Easement Agreement”