Resource Documents: Siting (102 items)
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Malitsch and Mangold v. Penn Forest Township Zoning Hearing Board
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. …
IV. CONCLUSION
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”
Aesthetics, Economics, Environment, General, Property values, Siting, Technology, U.S., Wildlife •
Renewables, land use, and local opposition in the United States
Author: Gross, Samantha; and Brookings Institution
Decreasing greenhouse gas emissions in the electricity sector is crucial to avoiding the worst impacts of climate change. The American public overwhelmingly favors renewable power, and the costs of wind and solar power have declined rapidly in recent years. However, inherent attributes of wind and solar generation make conflicts over land use and project siting more likely. Power plants and transmission lines will be located in areas not accustomed to industrial development, potentially creating opposition.
Wind and solar generation require at least 10 times as much land per unit of power produced than coal- or natural gas-fired power plants, including land disturbed to produce and transport the fossil fuels. Additionally, wind and solar generation are located where the resource availability is best instead of where is most convenient for people and infrastructure, since their “fuel” can’t be transported like fossil fuels. Siting of wind facilities is especially challenging. Modern wind turbines are huge; most new turbines being installed in the United States today are the height of a 35-story building. Wind resources are best in open plains and on ridgetops, locations where the turbines can be seen for long distances.
Even though people like wind and solar power in the abstract, some object to large projects near their homes, especially if they don’t financially benefit from the project. Transmission for renewable power can also be unpopular, and even more difficult to site when the power is just passing through an area, rather than directly benefiting local residents. This is an issue today building transmission to move wind power from the Great Plains and Upper Midwest states to cities in the east.
Technological and policy solutions can lessen the land use impact of renewable power and the resulting public opposition. Offshore wind eliminates land use, but it raises opposition among those concerned with the impact on the environment and scenic views. Building on previously disturbed land and combining renewable power with other land uses, like agriculture or building solar on rooftops, can minimize land use conflicts. Community involvement in project planning and regulations for land use and zoning can help to alleviate concerns. Nevertheless, there is no perfect way to produce electricity on an industrial scale. Policymakers must recognize these challenges and face them head-on as the nation transitions to a lower-carbon energy system.
Download original document: “Renewables, land use, and local opposition in the United States”
Wind Energy Conversion Systems Zoning Ordinance
Author: Monitor Township, Bay County, Mich.
Section 3.48 [excerpts]
This Ordinance is intended to protect the health, safety and welfare of the residents of the Township and to encourage the safe, effective, efficient and orderly development and operation of wind energy resources in the Township while preserving and protecting the character and the stability of residential, agricultural, recreational, commercial, industrial and other areas within the Township.
Adverse Sound Character: Sound that causes building rattle, is impulsive, tonal, or has low-frequency bass rumble.
Ambient is defined as the sound pressure level exceeded 90% of the time over a 96-hour measurement period with daytime/nighttime division.
Lmax (LAmax or LCmax): The maximum dB(A) or dB(C) sound level measured using the “fast response” setting of the sound meter (equivalent to 0.125 second exponential averaging time).
L10 is the noise level exceeded for 10% of the time of the measurement duration. This is often used to give an indication of the upper limit of fluctuating noise, such as that from road traffic.
L90 is the noise level exceeded for 90% of the time of the measurement duration and is commonly used to determine ambient or background noise level.
Utility-Scale (also known as Commercial and Large-Scale) Wind Energy Conversion System: A wind energy conversion system greater than sixty (60) feet in total height (tip height) intended to generate power from wind primarily to supplement the greater electric utility grid. Utility-Scale WECS includes accessory uses such as, but not limited to, SCADA towers, anemometers, or electric substations.
Review Standards for Commercial Wind Energy Conversion Systems (WECS).
Height and Scenic Vista. The maximum height of any Utility-Scale WECS is 500 feet. The height of a WECS is measured from the lowest natural grade at the base of the pole to the highest point of the WECS when a blade is in its vertical orientation.
Abandonment. Any WECS that is not used to produce energy for a period of six (6) successive months or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property in accordance with the decommissioning regulations of this ordinance, unless the applicant receives a written extension of that period from the Township Board in a case involving an extended repair schedule for good cause.
Vibrations. Wind turbines shall not create vibrations that are detectable by humans on non-participating properties.
Safety Manual. The Applicant must provide an unredacted copy of the manufacturer’s safety manual for each model of turbine without distribution restraints to be kept at the Township Hall and other locations deemed necessary by Planning Commission or local first responders. The Manual should include standard details for an industrial site such as materials, chemicals, fire, access, safe distances during WECS failure, processes in emergencies, etc.
Noise. Applicant shall provide an initial sound modeling report and, within six (6) months of commencing operation of the WECS, a postconstruction report for the project with a schedule and documentation …
Setback. The minimum setback from any property line of a Non- Participating Landowner or any road right-of-way shall be no less than 2000 feet. The minimum setback from any property line of a Participating Landowner shall be no less than 1640 feet.
Communication Interference. Each WECS and Testing Facilities shall be designed, constructed and operated so as not to cause radio and television or other communication interference. In the event that verified interference is experienced and confirmed by a licensed engineer, the Applicant must produce confirmation that said interference had been resolved to residents! satisfaction within ninety (90) days of receipt of the complaint. Any such complaints shall follow the process stated in Complaint Resolution sections.
Infrastructure Wiring. All electrical connection systems and lines from the WECS to the electrical grid connection shall be located and maintained underground. …
Road Damage. The Contractor shall inform the Bay County Road Commission (BCRC) of all the roads they propose to use as haul routes to each construction site. This shall be done prior to beginning any construction at any site. The identified haul routes shall be videotaped by either the BCRC or Contractor prior to the beginning of construction and after construction has been completed. Upon review of the before and after videos and physical review of each roadway, the BCRC shall determine what damage, if any, was caused by the Contractor! s vehicles. If it is determined damage to the road was caused by the Contractor! s vehicles or activities, the Contractor shall work with the BCRC to determine the extent of the roadway repair needed. This may include, but is not limited to, crush and shaping the roadway, placing additional aggregate, placing a new chip seal surface (two courses minimum), placing a new asphalt surface or a combination thereof. In all cases, the roadway shall be constructed in accordance with the BCRC! s current specifications and requirements associated with the type of roadway to be installed. All costs for said work shall be the responsibility of the Contractor.
Shadow Flicker. No amount of Shadow Flicker may fall on or in a Non-Participating Parcel. … Participant parcels shall not exceed 30 hours of shadow flicker per
calendar year.
Strobe Effect. No amount of Strobe Effect may fall on or in any parcel. Under no circumstances, shall a WECS or Testing Facility produce strobe effect on properties.
Voltage. The Applicant shall be responsible for compensation to residents for property, including livestock, health or other damage by stray voltage caused by a WECS. The Applicant shall demonstrate WECS prohibits stray voltage, surge voltage, and power from entering ground.
Regulation of WECS Commercial and Industrial Noise. To preserve quality of life, peace, and tranquility, and protect the natural quiet of the environment. This ordinance establishes the acoustic baseline, background sound levels for project design purposes, and limits the maximum noise level emissions for commercial and industrial developments. Residents shall be protected from exposure to noise emitted from commercial and industrial development by regulating said noise.
Non-Compliance with Standards. The Township Board reserves the right to require WECS Applicant to shut down any WECS unit that does not meet ordinance requirements until such WECS unit meets ordinance requirements or is removed.
Noise.
a) No WECS shall generate or permit to be generated audible noise from commercial or industrial permitted facilities that exceeds 45 dBA (Lmax) or 55 dBC (Lmax) (dBC-to-dBA ratio of 10 dB per ANSI standard S12.9 Part 4 Annex D) for any duration, at a property line or any point within any property.
b) No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any acoustic, vibratory, or barometric oscillations in the frequency range of 0.1 to 1 Hz that is detectable at any time and for any duration by confirmed human sensation or exceeds a sound pressure level from 0.1 to 20 Hz of 50 dB(unweighted) re 20 µPA or exceeds an RMS acceleration level of 50 dB(unweighted) re 1 micro-g by instrumentation at a landowner’s property line or at any point within a landowner’s property.
c) No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any vibration in the low-frequency range of 0.1 to 20 Hz, including the 1, 2, 4, 8, and 16 Hertz octave bands that is perceivable by human sensation or exceeds an rms acceleration level of 50 dB(unweighted) re 1 micro-g at any time and for any duration either due to impulsive or periodic excitation of structure or any other mechanism at a landowner’s property line or at any point within landowner’s property.
d) A noise level measurement made in accordance with methods in section “Noise Measurement and Compliance” that is higher than 45 dBA (Lmax) or 55 dBC (Lmax), adjusted for the penalty assessed for a tonal noise condition, shall constitute prima facie evidence of a nuisance.
e) An acoustic, vibratory or barometric measurement documenting oscillations associated to commercial or industrial permitted facilities with levels exceeding the noise limits shall constitute prima facie evidence of a nuisance.
f) All commercial and industrial activity shall comply with limits and restrictions anywhere at any time on another property.
g) Leq 1-sec shall be used for all measurements and modeling.
Noise Measurement and Compliance. …
Wind Energy Conversion System (WECS) Site Plan Review Procedure. …
Economic Impact. …
—Adopted March 25, 2019
Wind Energy Conversion Systems Zoning Ordinance
Large eddy simulation study of the humidity variation in the shadow of a large wind farm
Author: Haywood, John; et al.
Abstract—
Numerous studies have shown that wind turbine wakes within a large wind farm bring about changes to both the dynamics and thermodynamics of the atmospheric boundary layers (ABL). Previously, we investigated the relative humidity budget within a wind farm via field measurements in the near-wake region and large eddy simulations (LES). The effect of the compounding wakes within a large wind farm on the relative humidity was also investigated by LES. In this study, we investigate how the areas of relative humidity variation, that was observed in the near-wake, develop downstream in the shadow region of a large wind farm. To this end, LES of a wind farm consisting of 8×6 wind turbines with periodic boundary condition in the lateral direction (inferring an infinitely wide farm) interacting with a stable ABL is carried out. Two wind farm layouts, aligned and staggered, are considered in the analysis and the results from both configurations are compared to each other. It is observed that a decrease of relative humidity underneath the hub height and an increase above the hub height build up within the wind farm, and are maintained in the downstream of the farm for long distances. The staggered farm layout is more effective in keeping a more elongated region of low relative humidity underneath the hub, when compared to the aligned layout.
Qualitative representation of turbulence in the ABL via iso-surfaces of Q criterion colored by the streamwise velocity component (the ground is shown in green, and wind turbine rotors are shown in yellow): A, aligned layout; B, staggered layout. The streamwise direction is scaled down by a factor of 10.
John Stephen Haywood, Adrian Sescu, Department of Aerospace Engineering, Mississippi State University, Starkville
Kevin Allan Adkins, Department of Aeronautical Science, Embry Riddle Aeronautical Engineering, Daytona Beach, Florida
Wind Energy, 2019;1-9. Published online Nov. 8, 2019. DOI: 10.1002/we.2434
Download original document: “Large eddy simulation study of the humidity variation in the shadow of a large wind farm”
