Wednesday, March 23, 2016

The Industrial Wind Zoning Debate Reloaded! Why Traditional Zoning Fails


 
 
          Wolfe Island Wind complex impacting critical scenic resources far beyond the project zoning footprint.  
 
With Clayton, NY’s proposal to change their zoning to ban industrial wind development in their town, the whole debate about the best approach to protect our towns and region  has resurfaced.   One argument says ban wind development outright in your zoning, the side I have been on for a decade, and the other argument is to attempt to be “reasonable”, and appease the state and not ban wind energy but try to “regulate it” with traditional zoning methods, primarily setbacks from sensitive resources at various distances. 
In light of Clayton’s move, I thought it might be good once again to demonstrate why traditional zoning fails badly to protect a community, or a region from industrial wind development.  Especially one so sensitive as the 1000 Islands/ Golden Crescent region with its vast flat water veiwsheds.
This is a bit long but I think critical to the understanding of this debate, so I hope you will examine this carefully.
First we need to understand some zoning basics.
Traditional (Euclidean) zoning attempts to separate uses, usually in designated districts, so they don’t negatively impact each other or cause health, safety, welfare or aesthetic conflcits.  The method of mitigation is separation by various appropriate distances.  Basically the further away the lesser the negative impact.  Very straight forward basic zoning technique.
For example a town might not want an industrial factory with massive buildings, noise, and lights, or a scrap yard and their impacts near high quality single family homes, So they would form an industrial district, and far enough away from  it would be residential district or other sensitive districts.  Distance is usually an effective  key factor to mitigate negative impacts. 
For example if I drive several miles from the industrial zone, the industrial impacts will mostly be mitigated or disappear.
Another technique used where uses conflict is screening mitigation .  For example the scrap yard near a neighborhood might be mitigated by berms, vegetation or attractive fencing or a setbacks from roads or nearby neighborhoods. And that usually works.
Often height zoning restrictions help mitigate impacts.  A municipality might draft height restrictions for aesthetic reasons.  This way if you live in a residential zone you are not looking at the impacts of some type of tower or building that does not fit the aesthetic quality of the town or your district.
Now these basic zoning techniques are used widely and fairly effectively around the civilized world.  The mitigation, height, and use separation by distance zoning techniques can be very effective for structures and uses of typical sizes in rural or suburban areas.
But then along comes industrial wind energy with towers that are now reaching over 600 ft. in height along with flashing lights at night and frequently spinning blades with a rotor  area bigger than a football field. 
                               Wolfe Island Wind Complex.  This is zoning protection?????
Keeping in mind that movement is a very significant attractant to the human eye.  The eyes detect movement quickly.
Industrial wind energy essentially completely defies traditional zoning as examined above, primarily because of height which is absolutely essential to wind turbine efficiency. 
                        
                                 Maple Ridge Wind complex overwhelming homes.


That’s why they keep getting taller. Consider that in  some cases in your rural areas numerous wind turbines will mean many taller structures than are in some fair size cities!   Study I did a few years ago that indicated a huge city the size of Los Angeles had something like 30 buildings over 400 ft. which was the common size of industrial wind turbines back then.   Now the state, and in some cases your town officials,  and the wind companies are suggesting you should accept hundreds of these city sized structures on the traditionally scenic rural landscape of your region.  Structures, unlike buildings, that have rather radical movement!  This would be an insane invasive environmental transformation of your area in a relatively short time, and somehow many of your town officials are trying to delude you into thinking they can effectively manage this type of radical change with out moded little provincial and impotent zoning approaches.  Seriously?????
Don’t be fooled!
So let’s say I live in a nice peaceful aesthetic residentially zoned  district.  A place people have moved for aesthetics, protection from noise, and other negative impacts you would not want in your neighborhood, and also to protect their home as their prime investment.
Yet my community has decided to allow 100 wind turbines nearly 600 ft. tall and try to “regulate” them..  An industrial wind factory complex that will cover much of my town…maybe the majority of it, since another essential of wind energy is it must be spread out over many square miles to be effective.  In this community, town officials have decided to allow this use and decide they can mitigate it with traditional zoning methods.  In fact to accomplish this, they often create a monster called a wind overlay district, that actually overlays some of the other town districts since wind energy has to be spread out so far.  This faulty decision is an immediate frontal attack on the district separation protection method of protection.
So now from my residential zone, I can see hear, and will be likely disturbed by, on a regular basis, a great deal of the 100 turbines a few miles away or even closer in some cases.  Despite the protections I was assured by my town in zoning in my residential district, for my family and property investment, I now can clearly see and suffer the impacts from my supposed protected district from an industrial wind use in districts much  further away that were supposed to mitigate the very impacts I am now confronted with.
In this case the district separation zoning, mitigation and height restrictions  have just been rendered useless, and essentially one invasive huge  industrial use dominates all districts in town.
For example let’s consider if you live in the highly aesthetic, desirable natural water setting of Cape Vincent’s Island District…for example Carleton Island that gets a sweeping view of the entire town, even the slightly elevated town interior on the mainland as it slowly rises toward the back of the town.  The same place, by the way, industrial wind development will take place.  Your designated Island District will offer no protection, particularly viewshed protection, from ANY wind development in town, regulated or not.  On the south shore you will have a front row seat 24/7 to the negative impacts of industrial wind several miles away in another zoning district.  If you live on the north shore of Carleton Island you suffer the impacts of the Wolfe Island Wind complex where you had no input to their zoning decisions to allow industrial wind turbines.
Now consider for example even another town several miles away that has no say in your zoning decision.  Particularly if there is flat water somewhere between the towns allowing unobstructed views. You will suffer from neighboring town’s allowing  the massive tall moving structures that  cannot be effectively mitigated in any way.  Again, traditional zoning of industrial wind, that far too many towns have deferred to, has been render useless by industrial wind and is a miserable failure to protect citizens in any particular town, or even the region.
 In the last decade we have sadly learned from Wolfe Island that these structures have invasive impacts that can reach out 30 miles, which impacts communities far far beyond the original zoning jurisdiction where industrial wind is allowed and supposedly “regulated”.  Especially in a region like ours with so many flat water viewsheds.  The Wolfe Island Wind Farm is a vivid unmistakable example of what I am talking about.
 
                 Wolfe Island"s giant wind turbines as seen from well within Cape Vincent. A vivid
                  example how a community is badly impacted and had no say in the matter of the siting.
                  The new turbines proposed for our area are reaching 200 ft. taller than the turbines seen
                  her!  It is ridiculous to think a traditional zoning setback approach can control this
                 insanity. Keeping this picture in mind the CV zoning law drafters thought turbines placed
                 about 1.25 miles from the Seaway Trail in CV would protect scenic assets.  It is absurd!
Put very frankly traditional zoning is a sucker’s game the wind developers and NYS love for you to be drawn into.
Essentially the wind companies know exactly what is happening and that traditional zoning is pointless to mitigate their structures.  That is why they are willing to use offsets like bribes like maybe to renovate the town , hall or put a new fence around the cemetery, or maybe donate to some other cause.  This is intended to make you look the other way and ignore or tolerate the impacts  they know cannot be mitigated despite your town’s delusion it can control the impacts.
BP and Acciona in CV years ago in their environmental statements didn’t even try to hide it, and admitted outright their turbines would dominate and be out of context with the CV landscape and cause a dramatic change to the town viewshed.  In a sense they are more clever and honest  than the town officials who have been duped into believing they can somehow mitigate industrial wind. The wind companies themselves are admitting a reality that some town officials just refuse in ignorance or arrogance to accept in a desperate attempt to believe they still have control.  It is a dangerous delusion if you truly intend to protect the 1000 Islands region.
If one considers all this carefully and logically, the only true protection in an area like the 1000 Islands is not town by town, traditional zoning with endless debate over useless ineffective setbacks which industrial wind clearly and easily overwhelms. And by the way creates a lot of wasted energy deflected away from the obvious problem to protect the region.
 The only true protection of any value is for towns to unify their zoning to prohibit industrial wind, at least so it impacts no part of the 1000 Islands and Golden Crescent or Eastern Lake Ontario. viewshed.  This should be backed by the counties, and county zoning boards, and influential environmental groups.  One must also consider the rapidly increasing heights of wind technology which leaves traditional zoning far behind well into the future.
Many towns are so mind paralyzed by this new threat they are fighting a rapidly moving invasive new technology, and the attached wind PR machine, and overreaching state regulations, with old now out moded land use techniques and political strategies  that fail to address the new problem appropriately. 
And in effect the report done by a reputable company concerning land use impacts done for the SASS effort said what is actually painfully obvious.  Tall structures like wind turbines cannot in fact be mitigated here and should not be allowed.  The Thousand Island Land Trust seems to have reached a similar conclusion and is applauding Clayton’s new direction.
Clayton is taking leadership proposing to prohibit industrial wind and making the only true decision that is proportional to control the invasive impacts of industrial wind energy.  That is why it is so important to unify and support the Clayton decision to ban industrial wind in their town.
A former visual simulation from either BP or Acciona, I don't remember,
showing the impact on the CV village waterfront.
 
Otherwise the wind developers and the state will take us apart as a region town by town in a divide and conquer scheme by encouraging us to use a zoning tool that is impotent, backed by a state system with a nuclear option willing to override the rights of our communities.

It is time to stand up!!!


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