Future of Distributed Wind DWEA Model Zoning Ordinance Roger Dixon Co-Chair of DWEA Permitting and Zoning (P&Z ) Committee
Agenda • What is it and why do we need the Small Wind Model Zoning Ordinance (SWMZO)? • How the model was created • Work in progress • Objectives of the model ordinance • Implementation – Who uses it and how? • Overview of the model • Other tools and support
Why We Need the Model Ordinance • DW P&Z Challenges – Height restrictions – Setbacks – Sound – Engineering – Aesthetics – Environmental Impact – Lack of technical knowledge – Cost in dollars and time
Why We Need the Model Ordinance • What is the SWMZO? – Model for small wind - write or re-write of SW ordinances – Mid-size component - in development • Who can use it? – Towns/Counties/AHJ/Municipalities – State and Federal Incentive Programs – Wind Turbine Installers – Property Owners – Wind Electric Advocates – Associations representing Towns, Counties, etc.
How The Ordinance Was Created • Collaborative process • Initial draft completed by SWMZO Working Group – Started in June, 2011 – 8 DWEA members – Group comprised of expert installers, manufacturers, educators – Geographically diverse – MA, VT, WI, NJ, PA, MN, OK, MD • First Draft (V.1) vetted by full DWEA P&Z Committee – 17 DWEA P&Z Committee members – Group comprised of installers, manufacturers, educators, dealers, consultants & advocates – Geographically diverse: all states listed above plus MT, NY, KS, AZ, WA = total of 13 states • Repeated vetting process for all versions (V.1 through V.6)
How The Ordinance Was Created • Sources for determining language & content: – Experience of the SWMZO Committee – Existing ordinances (both good and bad) – Incentive program language – Input from NYSERDA’s Small Wind Incentive Program Administrator – Members of Various Planning Commissions – Various Town Solicitors/Attorneys – Residents - potential turbine owners, landowners, etc. • 6 drafts, 6 comment periods, total project time was 6 months • Final draft passed full P&Z Committee vote on 1/7/12
Work-in Progress • Similar to other documents created by DWEA’s P&Z Committee, the SWMZO is a work in progress and is expected to undergo periodic review. • During the first year, DWEA’s P&Z Committee may request review input from some or all of the following: – ITAC (Interstate Turbine Advisory Council) – NYSERDA (New York State Research and Development Association) and/or other incentive programs – Planning Commissions, Zoning Boards, Municipalities, etc. – NACo (National Association of Counties) – National Association of Towns – NY Planning Federation – Utilities and Others
Objectives • Change the face of P&Z to facilitate DW – Encourage responsible and safe installations – Encourage proper wind turbine siting – Encourage proper tower height – Streamline permitting & zoning “process” – Consistency – Pursue “umbrella” ordinances at County level – Reduce time & costs of permitting and zoning
Objectives • Provide a guide and/or a tool for Small Wind Industry and others – Serves as starting point – Simple & Straightforward – minor modifications can be made in order to meet the needs of specific users • Caution -- even minor modifications can significantly affect/alter the efficacy of the entire ordinance • Recommendation -- have all modifications reviewed by DWEA prior to approval & implementation of new language in any Small Wind Ordinance
Implementation • Who has incorporated and/or referenced the model (in whole or in part) to date? – Delaware Valley Regional Planning Commission (PA-NJ-DE-MD) -- creating framework document to be used as a guide for townships wishing to write or re-write their Small Wind ordinances – Springfield Twp., PA, Planning Commission – DWEA P&Z’s 1st Case Study -- complete re-write of existing small and community wind ordinances – Lacey Twp. NJ - Township engineer helping to draft local Small Wind Ordinance – Planning Commission in VA (NACo Member) – Two uses: • Review of a specific small wind permit application • General review (and possible re-write) of their existing small wind ordinance – Misc. individual townships, installers and advocates that request or download ordinance from DWEA ‘s web site
Implementation • Distributed to: – DWEA members – manufacturers, dealers, installers, advocates, etc. – NACo (National Association of Counties) – NYSERDA (New York State Energy Research and Development) – Cornell Cooperative Extension – AWEA (American Wind Energy Association) – Miscellaneous Others
Implementation • Feedback – DWEA is recognized as a credible, balanced and knowledgeable source – Simple model. Easy to follow in language and formatting. Fill in the blank section helpful – When followed, it streamlines the process and reduces the cost of permitting and zoning – Needs additions or separate model to address mid- size applications (> 100 kW and < 1MW-in process) – Needs companion doc to assist with “How’s & Why’s” (in process, almost finished) – Planned periodic review. DWEA P&Z intends to follow similar process as the development of SWMZO in order to address pertinent feedback from users
Overview of Ordinance • Section 1: Purpose – To promote the safe, effective, efficient use of small wind energy systems – To reduce the on-site consumption of utility-supplied electricity • Section 2: “Findings” – What Findings Do • Establish the premise on which the ordinance requirements are based – Why Findings Matter • Ill informed negative findings can become the basis for unnecessary restrictive requirements • Positive findings bolster the use of wind electric by defining it as beneficial and neccessary
Overview of Ordinance – DWEA’s SWMZO Findings: • Recognizes wind as a common good (inherently beneficial), abundant, renewable, non-polluting source • Reduces dependence on non-renewable sources • Encourages stewardship and conservation of non-renewable sources • Decreases air and water pollution resulting from use of non- renewables • Enhances reliability & quality of utility grid • Reduces peak power demands • Diversifies states energy supply portfolios • Makes electricity supply market more competitive • Promotes customer choice • Fosters economic stability, job creation and growth of local small businesses
Overview of Ordinance • Section 3: Definitions • Provides terms and definitions used within the ordinance that are specific to small wind. May be used as qualifiers. • Provides clarity for interpretation of language and requirements. – For example, defining tower height makes it clear what a measurement must include in order to determine if a system is within the height restrictions imposed by the ordinance. Consider that “tower height”, “total system height” and “hub height” are often incorrectly used interchangeably, but actually mean very different things in terms of measuring height.
Overview of Ordinance • Key components of ordinance – Section 4 Permitted Use • System Height • Setbacks • Access • Signage • Sound • Certified Wind Turbines • Compliance w/Building Codes • Compliance w/FAA Regulations • Compliance w/NEC (National Electric Code) regulations and 2012 NEC Code Section 694 • Local Utility Notification • Antennas • Fees • System Decommissioning
Other Tools of Support • P&Z Fact Sheets (one pagers) These can be used to help educate neighbors, local government officials and others on the facts about distributed wind turbines. – Benefits – Aesthetics – Birds – Property Values – Setbacks from Property Lines – Sound – Tower Heights – NIMBYS – Safety – Ice Shedding – What is Distributed Wind – Distributed Wind Myths http://www.distributedwind.org/fact-sheets
Other Tools of Support • Turbine Installation Map – DWEA member installations – Show existing installations – Townships are not “the only one” or “the first one” – Demonstrate proper tower height and reputable equipment – Criteria reflecting DWEA messaging and DWEA membership is required for posting – On-going project http://www.distributedwind.org/installed-turbines
Other Tools of Support • Companion Document – Currently in final stages of development – For use in conjunction with SWMZO – Explains “How’s and Why’s” of the language used in the SWMZO – Expected completion May 2012 • Mentorship program – Under development – Possible collaborative partnerships with other groups and/or organizations – Provide assistance to Towns, Municipalities, Counties, etc. – Provide assistance to installers, dealers and other industry professionals – Provide assistance to State & Federal incentive program managers – Provide assistance to groups, associations, etc. such as NACo, NY Planning Federation, National Association of Towns and others • For more info visit http://www.distributedwind.org/
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