Below are highlights of an ordinance being proposed by Brady Township in Clearfield County. Whether or not, one is in favor of the Clearfield Wind Farm is not the point when it comes to this ordinance. It does not look at the overall big picture and stands to seriously jeopardize the entire project as well as any future wind projects.
Many local people will stand to lose what could be a good opportunity for the local economy because of the "closed mindedness" of a few individuals who think they are in a position of power. If memory serves me correctly, Brady Township is also the township that passed a noise ordinance that put the rifle range out of business last year. I don't believe the supervisors of Brady Township look out for the best interests and civil liberties of their citizens.
HIGHLIGHTS OF PROPOSED ORDINANCE
PERMIT REQUIREMENT.
A. No Wind Energy Facility, or addition of a Wind Turbine to an existing Wind Energy Facility, shall be constructed or located within Brady Township unless a permit has been issued to the Facility Owner or Operator approving construction of the facility under this Ordinance.
B. The permit application or amended permit application shall be accompanied with a fee in the amount of Two Thousand ($2000.00) Dollars per megawatt . The fee submitted with a permit application shall not be refundable, even if the application is denied and/or rejected. (Note - This permit requirement is exorbitant.)
...Any physical modification to an existing and permitted Wind Energy Facility that materially alters the size, type and number of Wind Turbines or other equipment shall require a permit modification/ amendment under this Ordinance. Like-kind replacements shall not require a permit modification/amendment. Within thirty (30) days after receipt of a permit application, the Township of Brady will determine whether the application is complete and advise the Applicant accordingly. (Note - Ordinance should not limit or exclude replacement with more efficient equipment of similar dimensions.)
PUBLIC HEARING
Within thirty (30) days of the completeness determination, the Township of Brady will schedule a public hearing. The Applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and township officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
Within forty-five (45) days after the close of any public hearing the Township of Brady will make a written decision whether to issue or deny the permit application. If the applicant has fully complied with all of the requirements of this Ordinance, the Township shall issue the permit. (Note - Process is vague and lengthy. Needs to state objective standards.)
...The Township of Brady requires the Applicant to bond the road in compliance with state regulations as long as the Wind Energy Facility is in operation and has not been decommissioned. (Note - Requirement is too broad. Should apply only when the road is being used to run heavy equipment.)
NOISE AND SHADOW FLICKER.
...Audible sound from a Wind Energy Facility shall not exceed forty-five (45) dBA, as measured at the exterior of any Occupied Building on a Non-participating Landowner’s property. Methods for measuring and reporting acoustic emissions from Wind Turbines and the Wind Energy Facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 – 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier. (Note - PA Wind Model Ordinance calls for 55 decibels. 45 decibels is overly restrictive)
...An independent and certified Professional Engineer shall be retained by the Township of Brady at the cost of the Facility Owner and Operator and Property Owner to estimate the total cost of decommissioning (“Decommissioning Costs”) without regard to salvage value of the equipment , and the cost of decommissioning net salvage value of the equipment (“Net Decommissioning Costs”). Said estimates shall be submitted to the Township of Brady after the first year of operation and every fifth year thereafter. (Note - Should consider salvage value when arriving at net.)
- Comments above by President Jeremy Smith
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