May 2009
Monthly Archive
Flip-Flopping in the Wind
Posted by robert.w.burke on 14 May 2009 | Tagged as: General
The governing body of Wayne Township continues to flip-flop as it struggles with a legal challenge to its abuse of power in connection with its retaliatory adoption of an outright ban of wind energy.
Facts about small wind electric systems have been collected for decades, from a growing body of scientists in both the private and public sectors. Zoning of wind turbines should be made based on these facts. The State of New Hampshire took a bold step in that direction last year with a law that makes it illegal for municipalities to unreasonably restrict wind turbines. As a direct result of the battle for a wind turbine at my car wash in Wayne, an identical bill was introduced in the New Jersey legislature and would prevent zoning regulations like the one Wayne adopted — which was based not on fact but rather motivated by political retaliation.
As Wayne Township continues to waste budget dollars in a lawsuit to which it has no credible defense, the rest of the State and indeed, the Country, moves forward.
Consider the myriad of inconsistent positions the Town has taken on wind energy — from an outright ban, to outright approval, to something in between.
In September ‘08, the Council adopted an ordinance banning wind turbines from being within 1,640 feet of residences, schools & daycare centers. Essentially a town-wide ban, hurriedly adopted two weeks before the hearing for minor site plan approval of my proposed 43 foot tall wind turbine, which did not even require a variance.
In January ‘09, after the Council was sued for adopting this targeted, arbitrary prohibition of renewable energy, the Council repealed this ordinance and proposed a new ordinance. This new ordinance would permit wind turbines in every zone in town.
In April ‘09, Mayor Vergano then postponed the hearing on this new ordinance until July 1st, to allow the Council to engage a wind energy litigation & regulation expert. The request for proposals published for this expert engagement requires the expert to ’support the town’s position” on wind energy.
This sequence of events begs the question — exactly what is the Town’s position on wind energy? Does the town even know what its position is?
Is the town against renewable wind energy as reflected in the first ordinance aimed at me? Do they support renewable wind energy, as reflected in their own plan to put a wind turbine on the roof of Wayne Valley High School? Are they reluctantly accepting of wind energy, as reflected in their pending ordinance? Or are they supportive of a more restrictive version of that ordinance as proposed by the Planning Board?
How many more positions will they take? At what cost? For an issue that has already been resolved in good faith in many jurisdictions nationwide. Enough is enough.