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Resource Documents: Ordinances (53 items)

RSSOrdinances

Also see list of regulations at Kirby Mountain

Unless indicated otherwise, documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. These resource documents are shared here 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. • The copyrights reside with the sources indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations.


Date added:  June 15, 2015
Maine, OrdinancesPrint storyE-mail story

Wind Energy Facility Ordinance for the Town of Dixfield

Author:  Dixfield, Maine

Section 11. Approval and Performance Standards

11.1 Setback

A WEFU or WEFS shall comply with the following setback requirements. If more than one (1) set back requirement applies, the greater set back distance shall be met. All measurements shall be based on horizontal distances.

11.1.1 All WEFUs shall be set back a horizontal distance of four thousand (4,000) feet from any Occupied Building in Dixfield and two thousand (2,000) feet from the boundaries of the Project Parcel unless the Applicant submits in writing: 1) a waiver of the Occupied Building setback signed by the pertinent abutting landowner and; 2) evidence such as operating protocols, safety programs, or recommendations from the manufacturer or a licensed professional engineer with appropriate expertise and experience with WEFUs, demonstrating that the reduced set back proposed by the Applicant will not cause the WEFU to violate any other approval standards of this Ordinance.

11.1.2 All WEFUs must be set back a minimum of four thousand (4,000) feet from any Scenic or Special Resource as defined in Section 4.0 of this Ordinance.

11.1.3 Each WEFU shall be equipped with an over-speed control system that: 1) includes both an aerodynamic control such as stall regulation, variable blade pitch or other similar system and a mechanical brake that operates in fail safe mode; or 2) has been designed by the manufacturer or a licensed engineer and found by the Board, based on its review of a written description of the design and function of the system, to meet the needs of public safety.

11.1.4 WEFUs shall be setback a horizontal distance equivalent to one hundred and fifty percent (150%) of the Turbine Height from Project Boundaries, Occupied Buildings, public and private rights-of-way and overhead utility lines that are not part of the proposed WEFS. No waiver of this standard is permitted. …

11.10.2 Sound Limits

No Permit shall be issued if the pre-permit information or sound study indicates that the proposed WEFU or WEFS will not comply with the following requirements, which are to apply at all Sensitive Receptors within four thousand (4,000) feet of any WEFU, except on Project Parcel(s) or on a Participating Parcel(s) which is subject to a Mitigation Waiver which specifies different sound limits than those below.

If pre-construction estimates of the post-construction sound levels exceed the limits below, then the WEFU or WEFS Application shall be denied; if these limits are exceeded after the WEFU or WEFS has been built, then the WEFU or WEFS will be in violation of this Ordinance:

A. The sound limits below are stated in terms of LeqA (post). Prior to construction of the WEFU or WEFS, the “pre” values are as measured and the “post” values are as calculated. After the WEFU or WEFS has been constructed, the “pre” values are the WEF-OFF values and the “post” values are the WEF-ON values.

B. Audible Sound Limit

1) No WEFU or WEFS shall be located so as to generate post-construction sound levels that exceed thirty-five (35) dBA at night (7:00 p.m. to 7:00 a.m.) or forty-five (45) dBA during the day (7:00 a.m. to 7:00 p.m.) anywhere in the Town beyond the boundaries of the Project Parcel and all Participating Parcels whose owners have waived noise restrictions.

2) No WEFU shall be allowed to operate if it exceeds fifty (50) dBC anywhere in the Town beyond the boundaries of the Project Parcel and all Participating Parcels whose owners have waived noise restrictions. …

D. Post-Construction Sound Measurements. Starting within twelve (12) months after the date when the WEFU or WEFS has begun operating, a post-construction sound study shall be performed for all WEFUs or WEFSs that are operating. Post-construction sound studies shall be conducted by a Qualified Independent Acoustical Consultant. The Permittee shall also pay for a Qualified Independent Acoustical Consultant chosen by the Planning Board to review the Permittee’s study. The Permittee shall deposit the estimated cost of such review upon notification by the Board. The Town’s consultant may observe the Permittee’s consultant’s monitoring. The Permittee shall provide all technical information required by the Board or Independent Qualified Acoustical Consultant before, during, and/or after any acoustical studies required by this document and for local area acoustical measurements. The Post-construction sound measurements shall be repeated every three (3) years throughout the life of the facility and submitted to the Code Enforcement Officer. The applicant may seek a waiver from the Code Enforcement Officer of all but the first post-construction measurements if no valid noise complaints are received during the previous three (3) year period.

E. Pre-construction and post-construction monitoring shall report sound levels in terms of LeqA, L90A, LeqC, and L90C for each hour of the monitoring period.

Download original document: “Wind Energy Facility Ordinance for the Town of Dixfield

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Date added:  October 12, 2014
Noise, Ontario, OrdinancesPrint storyE-mail story

By-law to provide for the regulation of wind turbine noise

Author:  Corporation of the Town of Plympton-Wyoming

In this by-law:

“A-weighting” means the frequency weighting characteristic as specified in the International Electrotechnical Commission (IEC) Standard 61672, and intended to approximate the relative sensitivity of the normal human ear to different frequencies (pitches) of sound. It is denoted as “A”. …

“Infra-sound” means sound with energy in the frequency range of 0-20 Hz. It is often considered to be inaudible for most people unless at a relatively high amplitude but has been shown to be perceived via other senses at lower amplitudes especially for complex non-steady, non-sinusoidal pressure waves. Modern utility scale wind turbines produce an infrasonic blade passage tone typically centered at a frequency of 1 Hz or lower. [E.G. a wind turbine with hub rotation of 10 rpm would have a blade pass frequency of 0.5 Hz.] The most significant noise inside of a dwelling occurs from tones produced by the rotating blades of the wind turbine in the frequency range between 0.25 Hz and 10 Hz. Most of this energy is below 3 Hz with sound pressures increasing as frequency decreased down to the blade pass frequency. …

“Low Frequency Noise” (LFN) refers to sounds with energy in the lower frequency range of 20 to 200 Hz. …

“Sound” is an oscillation in pressure, stress, particle displacement or particle velocity, in a medium with internal forces (e.g. elastic, viscous), or the superposition of such propagated oscillations, which may or may not cause an auditory sensation.

“Sound Level” means the A-weighted Sound Pressure Level.

“Sound Level Limit” is the limiting value described in terms of the one hour A-weighted Equivalent Sound Level.

“Sound Pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure at a given location. The unit of measurement is the micro pascal (μPa).

“Sound Pressure Level” means twenty times the logarithm to the base 10 of the ratio of the effective pressure (μPa) of a sound to the reference pressure of 20 μPa. …

Regulation …

(d) No Wind Facility shall make, cause or permit the emission of Infra-sound in the frequency between 0 Hz and 20 Hz. Infra-sound is deemed to be excessive when measurements inside of dwellings, using instruments suitable for sound pressure measurements at frequencies of 0.1 Hz to 20 Hz identify blade pass tones and their harmonics, present during wind turbine operation, when the following conditions are present and limits are exceeded:

i) Tests inside a dwelling at locations associated with complaints show that there is a tone at the blade pass frequency (or its harmonics) during periods of wind turbine operation that are not present when wind turbines are not operating confirms the presence of wind turbine blade pass tones and/or harmonics.

ii) If the blade pass tone, or any of its harmonics, produce a sound pressure level of 50 dB or more when energy averaged over a period of one to several minutes or more, and,

iii) The crests (peaks) of the sound pressure exceed this average by 10 dB or more.

(e) No Wind Facility shall make, cause or permit the emission of LFN, where the difference between a C-weighted sound level and an A-weighted sound level is greater than 15 decibels at any measurement point inside or outside an occupied structure, or the difference between an un-weighted sound level (including Infra-sound from 0.1 Hz and above, using an instrument rated to measure Infra-sound down to 0.1 Hz) and an A-weighted sound level is greater than 20 decibels at any such measurement point.

(f) No Wind Facility shall make, cause or permit infrasonic barometric pressure disturbance (IBPD), where any cyclic pressure disturbance having amplitude at any given frequency in the stated frequency range exceeds 2 milli-Pascals RMS (0.002 Pascal RMS) for a repeatable duration of 10 seconds or more in any 40-second period.

i) Given frequency: Means an identifiable repetition rate, which is continuous for the 10-second measurement, having at least 2 full cycles that exceed +/− 2.828 milli-Pascal peak (=0.002 Pa RMS). The IBPD measurements shall be made with doors and windows closed. Equivalence: 0.002 Pascal RMS is equivalent to 40dBZ. …

Read a third time and finally passed this 8th day of October, 2014.

Download original document: “By-law to provide for the regulation of wind turbine noise within the Town of Plympton-Wyoming

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Date added:  October 4, 2014
Kentucky, OrdinancesPrint storyE-mail story

Wind Energy Conversion Systems Ordinance – Mason County, Ky.

Author:  Mason County, Ky., Fiscal Court

Definitions:

Industrial Scale WECS: A Wind Energy Conversion System constructed on the property ofanother by a company or corporation or other entity, whose general intent is to capture wind energy and place it on the electrical grid for resale to a public utility or other energy marketer.

Mid-Scale WECS: A Wind Energy Conversion System with a generating capacity up to 50 Kw, the installation intended to collect wind energy for the purpose ofsupplying energy to the owners and shall not entail net metering. Mid-Scale WECS are considered a non-residential accessory use.

Small-Scale WECS: A Wind Energy Conversion System designed to provide power to a home or other local site for use by the owner. Small-Scale WECS may have a generating capacity of up to 5 Kw and shall not entail net-metering capability. Small-scale WECS are considered non-residential accessory structures.

DISTRICT REGULATIONS

Location. Industrial scale WECS are permitted only in districts [zoned for industry] as specified in Chapter 406, Land Use Classification and Designation.

SETBACK REQUIREMENTS

Minimum Setback Distances for INDUSTRIAL SCALE WECS TOWERS.

Distance from a …

… One Mile, (5,280 Feet)

Industrial scale WECS’s ancillary structures such as substations and maintenance and operation facilities are considered principle structures and subject to principle structure setbacks unless otherwise specified herein or if specifically identified as an accessory structure.

Shadow Flicker

Flicker which results from the passage of the blades of a rotating wind turbine between the sun and any occupied structure shall be limited to the following:

  1. No more than 30 minutes a day.
  2. No more than 30 hours a year.

Noise and Vibration

No turbine shall be located so as to create a decibel level greater than 30 dBa at the property line of the parcel in which the turbine is located and also less than 50 dB(C) at the property lines of the parcel in which the turbine is located.

Download original document: “Wind Energy Conversion Systems Ordinance – Mason County, Ky.

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Date added:  June 24, 2014
Ordinances, PennsylvaniaPrint storyE-mail story

Wind turbine generators ordinance, Granville, Pennsylvania

Author:  Granville (Pa.) Township Supervisors

I. Findings – The Granville Township Supervisors make the following findings with respect to the construction, operation and maintenance of Wind Turbine Generators:

A. The construction, maintenance and operation of Wind Turbine Generators which fail to comply with all criteria and regulations set forth in this ordinance, present tangible and immediate dangers to the preservation of the natural, scenic, historic and aesthetic values of the environment of the Township of Granville.

B. The construction, maintenance and operation of Wind Turbine Generators which fail to comply with all criteria and regulations set forth in this ordinance, present tangible and immediate dangers to the public and neighboring landowners in the nature of ejection of projectiles (ice or injured birds), continuous generation of noise during night time hours and glare from sunlight continually flashing off of rotating blades;

C. The construction, maintenance and operation of Wind Turbine Generators present a danger following the useful life of the Wind Turbine Generators from deteriorating structures if provisions for decommissioning are not made as required by this ordinance;

D. The construction, maintenance and operation of Wind Turbine Generators, which fail to comply with all criteria and regulations set forth in this ordinance, unreasonably interferes with the reasonable use, comfort and enjoyment of property in the vicinity and/or endangers the health, safety and/ or welfare of the occupants of the property in the vicinity, and prohibits or denies the property owners and taxpayers the legitimate enjoyment of their reasonable rights and use of their property and rights as well as the rights guaranteed to them and to the public by Section 27 of the Declaration of Rights of the Pennsylvania Constitution;

E. The construction, maintenance and operation of Wind Turbine Generators, including, but not limited to, the repetitive noise and glare, visual impacts, flickering reflections and/or shadows, large scale excavation of environmentally sensitive areas, constitute an unreasonable use of property which causes injury, damage, harm, inconvenience, annoyance, and discomfort to the property owners and taxpayers in the legitimate enjoyment of their reasonable rights and use of their property and rights, and constitute a danger to migratory birds, the watershed, and the scenic, aesthetic and natural quality of the environment of the Township.

F. The Wind Turbine Generators shall meet current standards and regulations, if any, of any other agency of the State, Federal and Local Government with the authority to regulate Wind Turbine Generators.

II. Establishment – The Granville Township Supervisors hereby declare the construction and maintenance of Wind Turbine Generators to constitute a nuisance and offensive business, if not constructed and maintained in accordance with the criteria and regulations set forth in the ordinance, a copy of which is attached hereto and incorporated herein by reference, subject to prohibition under Section 1529 of the Pennsylvania Second Class Township Code (53 P.S. § 66529) and provide for their regulation and permitting under the conditions set forth below in order to avoid the maintenance of nuisance or offensive businesses within the geographic limits of Granville Township.

Furthermore the Granville Township Supervisors find that such construction and maintenance of Wind Turbine Generators is likely to destroy the rights guaranteed to the people by Section 27 of the Declaration of Rights of the Pennsylvania Constitution, which rights the Township Supervisors are duty bound to protect. …

IV. Special Conditions.

A. Design. … All wind turbine generator sites shall be designed and constructed in such a fashion as to avoid any disruption and/or interference with private wells, springs and/or other water sources. The predevelopment site conditions with slopes exceeding 20% shall not be disturbed in the construction of the wind turbines. This prohibition includes the construction of roads required to deliver the materials for construction to the construction site. In the event any problems occur with any private water source, which problems are proximately caused by Developer/Permittee, Developer/Permittee shall immediately supply, in perpetuity, potable water in such quality and quantity as supplied by the original private water source. Applicant must provide written notice to all property owners and tenants occupying property within 2,500 feet of the boundary of the property upon which the wind turbine generator will be located and advise them that Applicant, at Applicant’s sole cost, will test their well, springs, or other water sources, using a DEP certified laboratory selected by the Township prior to construction as to the land owners potable water, the quality of the water and the quantity of the water and supply and the report thereof shall be furnished to the Township and to the property owners and tenants.

All Wind Energy Facilities shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. …

V. B. Setbacks – The wind turbine generators shall comply with the following setbacks:

a. Civil Structures. Each wind turbine generator shall be set back from the nearest existing (at the time of the building permit issuance) school, hospital, church or public library, a distance of no less than 2,500 feet.

b. Participating Residences. For an existing (at the time of the building permit issuance or notice from the building code enforcement officer that no building permit is required) participating structure intended for temporary or permanent human habitation, the setback distance from a wind turbine generator shall be at least 2,000 feet. In the event that a lesser distance is desired, the Developer/Permittee shall request a waiver to this provision pursuant to the requirements of this Ordinance. In no event shall the setback distance be less than 1.1 times the total height of the wind turbine generator (measured at the highest point of the blade tip).

c. Non-Participating Residences. For an existing(at the time of the building permit issuance or notice from the building code enforcement officer that no building permit is required) non-participating structure intended for temporary or permanent human habitation, the setback distance from a wind turbine generator shall be at least 2,500 feet. …

d. Property Lines. Each wind turbine generator shall be set back from the nearest property line a distance of no less than 2,000 feet.

e. Public Roads. Each wind turbine generator shall be set back from the nearest public road a distance of no less than 2,000 feet, determined at the nearest boundary of the right-of-way for such public road. Unless conclusive evidence exists to the contrary, the public road right-of-way is presumed to be 60 feet.

f. Communication and Electric Lines. Each wind turbine generator shall be set back from the nearest above-ground public electric power line or public telephone line, or underground gas transmission lines a distance of no less than 2,000 feet.

g. Natural Resources and Historic Sites and Structures. Each wind turbine generator shall be set back a distance of no less than 2,500 feet from the nearest existing critical and irreplaceable natural and cultural resource areas of the Township (at the time of the building permit issuance):

1. Important Bird Areas (IBA).

2. National Wetland Inventory (NWI) wetlands.

3. Historic structure listed or eligible to be listed on the Pennsylvania Heritage Inventory and National Landmarks.

4. Mifflin County Natural Heritage Areas including core habitat and publicly managed lands.

5. Lakes, dams, ponds and public water source wells and springs. …

XIV. Noise and Shadow Flicker.

A. Developer/Permittee shall comply with the following noise standards:

1. Developer/Permittee shall make good faith effort to maintain a noise level attributable to the wind turbine generators of not more than 45dBA or 45dBC within a reasonable margin of error as measured from the property line of existing Non-Participating residences;

2. The Parties acknowledge that the Project’s construction will be the source of intermittent noise. Developer/Permittee shall require all contractors to incorporate reasonable noise reduction measures in order to mitigate the amount of noise generated during the construction phase.

3. The Developer or Permittee shall conduct a semi-annual sound test, paid for by the Developer or Permittee, by a qualified independent sound testing professional.

B. The Facility Owner and Operator shall make every reasonable effort to minimize shadow flicker to any Occupied Building on a Non-participating Landowner’s property.

XV. Private Access Roads and Forestry Management. Every effort should be made to use existing roads and logging roads. New deforestation and forest fragmentation should be kept to a minimum. Private entrance roads to wind turbine generators and associated meteorological towers, communication towers, and auxiliary buildings will not be paved but kept mud free. The cartway will be kept to the minimum possible.

XVI. Use of Public Roads.

XVII. Safety.

XXV. Wind Turbine Generator Removal.

A. Bonding: Decommissioning

1. Before Final Permit approval, the Applicant must submit to the Granville Township Board of Supervisors a bond which shall be deposited with the municipality of financial security in an amount sufficient to cover the costs of decommissioning all improvements or common amenities including, but not limited to the windmill and appurtenances, including the base and footing, storm water detention and/or retention basins and other related drainage facilities, and electrical apparatus and restoration of the land to its original condition including forestry plantings of the type and density as the original. …

XXXIII. ADOPTED at a public meeting of the Granville Township Supervisors held the 5th day of May, 2014, following advertisement as required by law.

Download original document: “Wind turbine generators ordinance, Granville, Pennsylvania

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