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Wind farm ordinance tabled
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| THIS IS AN EXISTING 'WIND FARM' similar to those proposed for the western and northern parts of Edgar County and adjoining Coles and Vermilion counties. This array of wind generators is located along Route 41 in northwestern Indiana near the communities of Earl Park and Kentland. The siting of wind generating turbines was the subject of a regulating ordinance considered by the Edgar County Board. (Beacon-News Photo) |
By GARY HENRY
Staff Writer
The Edgar County Board tabled action on a Wind Energy Conversion System Ordinance at a meeting Wednesday morning.
The goal of the ordinance is to protect county and township infrastructure during the building of giant towers that convert wind power into electricity. Board member Dan Winans has mostly worked alone to create the ordinance by borrowing from existing ordinances in neighboring counties.
Winans said he heard from land owners and wind energy developers during the 30-day review period prior to the anticipated vote on Wednesday. He added several points were raised that must be addressed before the ordinance is passed.
A public hearing on the proposed ordinance was conducted prior to the start of the regular board meeting.
“I think the Edgar County ordinance is good, but it doesn’t go far enough,” said Paul Honnold of Kansas Township.
A proposed wind farm would be located partially in Kansas Township and another two such developments are under consideration for land along the Edgar-Vermilion County line in the northern part of the county.
Honnold reiterated concerns he expressed at the September county board meeting regarding a perceived lack of protections for land owners during the decommissioning process, which may occur 40 or more years into the future.
Using the Champaign County ordinance as an example, Honnold said that ordinance devotes four pages to the decommissioning process and provides for financial assurances making the tower owners responsible for decommissioning costs. Honnold said by contrast the Edgar County ordinance devotes only one page to decommissioning and has nothing regarding financial assurances.
“As farmers, we think about legacy,” said Honnold. “It will be our grandchildren dealing with decommissioning.”
He expressed an opinion that without land owner protections and financial assurances for decommissioning, there is a risk some reluctant owners may stop the wind farm projects.
“There are many tax dollars to be collected, and we should be able to site one of these in the county to collect this tax money,” said Honnold.
Kansas Township Trustee Brian Harmon wanted the ordinance to have more details about repairing roads damaged by heavy equipment and mandate those repairs do not cause drainage problems. He said a strong ordinance by the county will eliminate problems for the individual townships.
Harmon asked why the proposed ordinance does not require the county highway engineer to sign off on road repairs necessitated by wind farm construction. Winans replied that was an oversight and will be corrected in an updated version of the ordinance.
“The county engineer will be involved,” said Winans. “We left some details out because we can’t foresee all of the problems and thought it best to leave it to the engineer and the township road commissioners to address on a case-by-case basis.”
Board president Jim Keller agreed.
“Your roads and the county roads will be protected,” said Keller. “It was never our intention to leave Kansas Township high and dry on the roads.”
Another Kansas Township resident said language in the ordinance requiring a three-way agreement between the tower owner, the land owner where a tower is to be sited and adjacent property owners on the issue of aerial crop spraying seems to create the potential of empowering a neighboring landowner from stopping the development.
Winans acknowledged the wording was ambiguous and required further thought.
“Nothing in the ordinance is written as a deterrent to the project,” said Winans. “We are not trying to keep this from happening, but we are trying to prevent problems.”
Edgar County State’s Attorney Matt Sullivan addressed the board following the hearing.
He said that delaying passage of the ordinance for additional work will not necessarily create a better product since the ordinance may be amended in the future.
According to Sullivan, a lengthy, detailed ordinance as advocated for during the hearing is not better than the document presented to the board.
“Many of the issues raised can be addressed in a decommissioning plan for each site,” said Sullivan. “That can be made as intricate as you like.”
The board members agreed with Keller and Winans to table the ordinance as it appears unlikely that any of the proposed developments will begin construction before late 2010.
Sullivan said a future vote on the the ordinance may occur at any time as a public hearing is not necessary for passage.
The issue will be revisited at the November board meeting but Winans speculated final passage is more likely at the December meeting.
“It is a long-term benefit to both the county and the constituents to have these (wind farms) successful,” said Winans.
The goal of the ordinance is to protect county and township infrastructure during the building of giant towers that convert wind power into electricity. Board member Dan Winans has mostly worked alone to create the ordinance by borrowing from existing ordinances in neighboring counties.
Winans said he heard from land owners and wind energy developers during the 30-day review period prior to the anticipated vote on Wednesday. He added several points were raised that must be addressed before the ordinance is passed.
A public hearing on the proposed ordinance was conducted prior to the start of the regular board meeting.
“I think the Edgar County ordinance is good, but it doesn’t go far enough,” said Paul Honnold of Kansas Township.
A proposed wind farm would be located partially in Kansas Township and another two such developments are under consideration for land along the Edgar-Vermilion County line in the northern part of the county.
Honnold reiterated concerns he expressed at the September county board meeting regarding a perceived lack of protections for land owners during the decommissioning process, which may occur 40 or more years into the future.
Using the Champaign County ordinance as an example, Honnold said that ordinance devotes four pages to the decommissioning process and provides for financial assurances making the tower owners responsible for decommissioning costs. Honnold said by contrast the Edgar County ordinance devotes only one page to decommissioning and has nothing regarding financial assurances.
“As farmers, we think about legacy,” said Honnold. “It will be our grandchildren dealing with decommissioning.”
He expressed an opinion that without land owner protections and financial assurances for decommissioning, there is a risk some reluctant owners may stop the wind farm projects.
“There are many tax dollars to be collected, and we should be able to site one of these in the county to collect this tax money,” said Honnold.
Kansas Township Trustee Brian Harmon wanted the ordinance to have more details about repairing roads damaged by heavy equipment and mandate those repairs do not cause drainage problems. He said a strong ordinance by the county will eliminate problems for the individual townships.
Harmon asked why the proposed ordinance does not require the county highway engineer to sign off on road repairs necessitated by wind farm construction. Winans replied that was an oversight and will be corrected in an updated version of the ordinance.
“The county engineer will be involved,” said Winans. “We left some details out because we can’t foresee all of the problems and thought it best to leave it to the engineer and the township road commissioners to address on a case-by-case basis.”
Board president Jim Keller agreed.
“Your roads and the county roads will be protected,” said Keller. “It was never our intention to leave Kansas Township high and dry on the roads.”
Another Kansas Township resident said language in the ordinance requiring a three-way agreement between the tower owner, the land owner where a tower is to be sited and adjacent property owners on the issue of aerial crop spraying seems to create the potential of empowering a neighboring landowner from stopping the development.
Winans acknowledged the wording was ambiguous and required further thought.
“Nothing in the ordinance is written as a deterrent to the project,” said Winans. “We are not trying to keep this from happening, but we are trying to prevent problems.”
Edgar County State’s Attorney Matt Sullivan addressed the board following the hearing.
He said that delaying passage of the ordinance for additional work will not necessarily create a better product since the ordinance may be amended in the future.
According to Sullivan, a lengthy, detailed ordinance as advocated for during the hearing is not better than the document presented to the board.
“Many of the issues raised can be addressed in a decommissioning plan for each site,” said Sullivan. “That can be made as intricate as you like.”
The board members agreed with Keller and Winans to table the ordinance as it appears unlikely that any of the proposed developments will begin construction before late 2010.
Sullivan said a future vote on the the ordinance may occur at any time as a public hearing is not necessary for passage.
The issue will be revisited at the November board meeting but Winans speculated final passage is more likely at the December meeting.
“It is a long-term benefit to both the county and the constituents to have these (wind farms) successful,” said Winans.
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Paul Honnold wrote on Oct 8, 2009 8:18 PM: