Broad Mountain Files Legal Challenge to Packer Township’s Recently Amended Zoning Ordinance for Wind Farm Development

MEDIA CONTACT: Kurt Knaus | kurt@ceislermedia.comC 717.571.5687

WEATHERLY, Carbon County (Aug. 29, 2019) — In its ongoing efforts to construct and operate an environmentally beneficial wind farm, Broad Mountain Power LLC today filed a formal appeal with the Carbon County Court of Common Pleas challenging recent zoning ordinance amendments made by Packer Township that effectively could block the development of future wind projects within the municipality.

The challenge seeks to invalidate the procedurally flawed ordinance amendments because the township did not follow strict statutory requirements as set forth in the state’s Municipalities Planning Code for public notice, public hearings and public comment on the proposed amendments.

The amendments represent substantial changes to the previously existing ordinance that allowed turbines, while at the same time minimizing or mitigating impacts. The amended ordinance essentially makes it impossible to construct or operate a modern wind farm within Packer Township.

“At Broad Mountain Power, we have operated in an open and transparent manner since day one, making sure local elected officials and residents have all the information they need about our proposed project,” Broad Mountain Power Project Manager Rob Miller said.

“We regret that it has come to this and that we have to take this action,” Miller continued. “But this appeal is necessary to protect and promote landowner rights and to allow for the construction and operation of environmentally beneficial, clean wind energy projects in Packer Township and across the nation.”

According to the appeal, some of the defects with the amended zoning ordinance, based on provisions of the Municipalities Planning Code, include:

The township failed to include a statement that copies of the proposed ordinance may be examined without charge or obtained for a charge not greater than the cost thereof in the Notice of Special Meeting.

The township failed to make complete copies of the proposed ordinance amendments available for inspection at the county law library and the Hazleton Standard-Speaker, where notice about the special meeting was advertised.

At least 10 days prior to enactment, the township failed to re-advertise in one newspaper of general circulation in the municipality, a brief summary setting forth all the amendment provisions in reasonable detail, together with a summary of the amendments.

The township failed to provide notice of another “public hearing.”

The township failed to hold a public hearing before proceeding to vote on and enact the proposed amendments.

Projects like Broad Mountain and other wind farm developments are crucial to providing clean energy that helps to power economies while still addressing the harmful effects of climate change. The project is even more crucial for Pennsylvania, which recently set a statewide goal to promote clean energy projects to save taxpayer money and create jobs.

In January, the state put forth a new executive order establishing the first statewide goal to reduce carbon pollution in Pennsylvania, which is contributing to climate change. The state will work to achieve a 26 percent reduction of greenhouse gas emissions by 2025 and an 80 percent reduction by 2050, from 2005 levels. That includes the state itself procuring renewable energy to offset at least 40 percent of the commonwealth’s annual electricity use.

These goals simply cannot be met without projects like Broad Mountain.

Broad Mountain Power plans to construct and operate an 80-megawatt, 21-turbine project in Packer Township. Upon completion, the project will produce enough clean electricity to power about 25,000 homes a year. The project currently is under review by Packer Township’s zoning hearing board.

Broad Mountain Power has a field office at 202 Carbon Street in Weatherly. More information is available toll-free at 1-866-591-5005 or online at www.broadmountainwindproject.com.

View the filing HERE.

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Standard-Speaker: Windmill hearing continues today

By JIM DINO / Published: July 16, 2019

The ninth evening of a zoning hearing into a proposal to build almost two dozen, 50-story windmills atop Broad Mountain in Packer Twp. will be today at 6 p.m. at Weatherly Area High School.

Attorney Brian P. Stahl, representing Algonquin/Liberty Power, doing business as Broad Mountain Power, said the firm will present 10 expert witnesses during the zoning hearing.

Stahl was one of a half-dozen attorneys representing Algonquin/Liberty who questioned witnesses at the hearings. Attorney Bruce Anders, representing 194 opponents of the project, also questioned the witnesses.

To date, eight of 10 experts have testified:

■ Dennis Jimeno, a senior engineer for Comsearch, testified while the windmills will not affect cellphone reception, radio broadcasting, or cable or satellite TV reception, he said after analyzing over 200 television stations, the reception of 23 stations will be affected to homes and businesses within a 10-kilometer, or 6.2-mile radius of the windmills. The list includes the Wilkes-Barre/Scranton stations, as well as stations in eastern Pennsylvania — Allentown, Harrisburg, Lancaster/York and Philadelphia.

■ Benjamin M. Doyle, president of Capitol Air Space Group, an expert on aviation, testified one of two private airports owned by Jan Grover will be affected by the windmills, but the other, owned by Ken Sency, will not.

■ Ryan Pohle of Shoner Environmental, the company’s GIS manager and environmental scientist, testified about where the windmills would be placed. Pohle said 21 turbines would be located across the mountain ridge. while five smaller ones may also be constructed. He said they could be seen from 15,000 feet away, or about three miles.

■ William Schneider, director of engineering for Shoener Environmental, testified there are no anticipated negative impacts to surface water or groundwater features related to this project.

■ Michael Hankard, of Hankard Enviromental, Verona, Wisconsin, an expert on sound and noise, testified he used topographical data and a computer model to determine the level of noise the wind turbines would produce. The Packer Twp. ordinance limits the noise level to 50 decibels at the property line, and the loudest level the model showed was 48 decibels, Hankard said.

■ Dr. Jim Salmon, President, Zephyr North in Burlington, Ontario, testified that during icing events, which should only occur on an average of only seven days per year, that the turbines’ icing detection system should put the turbines into an ice alarm state, shut them down and put them into a standstill position.

Salmon also testified about shadow flicker, which refers to the moving shadows that an operating wind turbine may cast at certain times of the day when the turbine rotor is between the sun and a receptor’s position.

He testified there are no human health impacts caused by shadow flicker from wind turbines, and in particular by the proposed Broad Mountain wind farm.

■ Jack Coyle, President, Coyle, Lynch & Co., said he had studied what happened to property values after the construction of wind farms in two areas with similar characteristics as the Packer Twp. and Nesquehoning areas. The study and expert concluded that the siting of a wind turbine farm does not have an adverse impact on the selling prices of residences and vacant land parcels in its vicinity.

■ Ian MacRobbie, vice president, operations, Liberty Resources, testified on how wind turbines operate and how they are maintained, as well as required emergency response plans.

Contact the writer: jdino@standardspeaker.com 570-501-3585

https://www.standardspeaker.com/news/windmill-hearing-continues-today-1.2508636

Zoning Hearing Set for Broad Mountain Wind Project

The following is a statement by Project Manager Rob Miller regarding the announcement that the first zoning hearing on the Broad Mountain Wind Project in Packer Township will be held later this month:

“We look forward to sharing information about this project with our neighbors. Wind power is an advanced technology that has been reliably supplying clean, affordable electricity to consumers and businesses for decades. The Broad Mountain Wind Project will stimulate the local economy through investments and job creation. Local municipalities and schools will benefit from long-term, predictable revenue streams from annual property tax payments or host agreements. We always take a methodical approach to equipment installation and follow strict regulatory controls to minimize any environmental impacts, and we are doing so here at Broad Mountain. We remain committed to an open and active dialogue with our neighbors and invite them to contact us with any question.”

The first hearing will take place at 6 p.m. Wednesday, April 17 at the Weatherly Area Middle School cafeteria, 602 Sixth St., Weatherly.

For more information, visit www.broadmountainwindproject.com or call toll free 1-866-591-5005.