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Lower Township may change windmill law

Press of Atlantic City
November 19, 2008
By Richard Degener
www.pressofatlanticcity.com

LOWER TOWNSHIP - A town ahead of its time in promoting wind energy is now taking a step back to make sure the spinning turbines do not affect neighbors.

The township passed a very liberal ordinance in 1981 allowing "wind energy conversion systems," or windmills, on residential properties. As long as the towers holding them were 75 feet or less in height and a certain distance from property lines, a variance was not needed.

With more windmills going up as the price of energy rises, Township Council is rethinking things. A recent attempt by Villas resident Athanasios Gianakopoulos to put a 116-foot tower on his small residential lot on Bayshore Road may have been the impetus. Council on Monday night introduced an ordinance that would rescind the 1981 ordinance.

"I'm into the green movement, and I want windmills, but he wanted 116 foot with the blades sticking out 16 feet on either side," said Township Councilman Tom Conrad, who represents the ward that includes the Villas.

Conrad wants the township to look at ordinances in other towns to see what their regulations are. He thinks residents putting up windmills should have larger lots, possibly five acres or more, and regulations need to be in place so the machines are maintained and don't become hazardous. Conrad is concerned about ice coming off the blades and hitting neighboring properties and wants any new ordinance to address different types of windmills.

Gianakopoulos sought a variance for his proposed windmill but, amid pressure from neighbors, withdrew his application last week.

New windmills have recently gone up in several sections of the township. Villas resident Bob Olivio, who put up a turbine with a 45-foot tower and 12-foot diameter blades on his Woodland Avenue retirement home, hopes any new ordinance does not destroy the trend. Olivio installed his windmill in December and did not pay an electric bill until June. He was so impressed he began to market the model, Skystream, and has 15 people in Lower Township and Middle Township considering them. Olivio said he is erecting a Skystream on Friday on Beachwood Avenue.

"The '81 ordinance was technically ahead of its time. I hate to see Lower Township, one of the leading townships in South Jersey as far as wind energy, take a step backward," Olivio said.

Olivio's windmill was spinning furiously Tuesday afternoon, but the noise was well below the 50 decibels permitted in the 1981 ordinance.

"The noise is less than a central air-conditioning unit," Olivio said.

Windmills have also been blamed for killing birds, but Olivio said this has not been a problem in the 11 months his has been running.

Olivio, however, acknowledged that wind energy systems have changed since 1981, so it is a good time for an update. He just does not want it to be too restrictive.

"I hope they don't do something to turn back the hands of time on wind energy," Olivio said.

If the ordinance is repealed, then residents could still get a variance to put up a windmill and this would give the local Zoning Board of Adjustment a chance to review details of the application. It would, however, also increase the costs. Olivio simply had to go to Township Hall to get a permit to install his Skystream.

The 1981 ordinance did call for windmills to meet state and federal statutes. They may have changed since 1981. Conrad noted the ordinance required the blades be a minimum of 15 feet off the ground, but the state now wants to double that distance.

Olivio noted the state rebate program also changed in August, and the new program eliminates about 90 percent of the people from getting money back. He received an $8,100 rebate on his $15,000 model.

"Now to qualify you need to be 30 feet higher than any obstruction within 500 feet. Now the rebate is based on the performance of the unit and not the cost, which I agree with. They were paying on projections, and projections were flawed," Olivio said.

Olivio noted most of his customers considering windmills "are in the right spot" for one. The first step is to make sure there is enough wind.

Council will hold a public hearing and vote on repealing the 1981 ordinance at the Dec. 1 meeting. If it is repealed, Conrad said the Planning Board would be asked to research a new ordinance that eliminates any potential problems.