Published: May 15, 2009 08:49 pm      

Big changes delay action on ridgeline ordinance

TAZEWELL, Va. — A recommendation on a proposed ordinance that could regulate the development of windmills along East River Mountain has been delayed until June.

The Tazewell County Planning Commission delayed action on the proposed mountain ridgeline ordinance Thursday, but could make a ruling by June that will then be forwarded to the county Board of Supervisors, County Attorney Eric Young said.

The planning commission is mulling over changes recommended by a tall structures steering committee. The supervisors can either accept, reject or amend the final planning commission recommendation.

“The ordinance as recommended by the steering committee is substantially different from the ordinance that was advertised before,” Young said. “So we will have to have another public hearing before the Board of Supervisors could pass it.”

Young said the earliest the public hearing can be held is July. About 23 people spoke at Thursday’s planning commission meeting, including representatives of Dominion and BP Wind Energy North America and members of the Mountain Preservation Association, which is opposed to the windmill farm proposed for East River Mountain.

Two of the more significant changes being considered by the planning commission in the draft ordinance recommended by the steering committee deal with the formation of an appeals board, and setbacks — or how far back a tall structure must be set back from a dwelling.

“There are two big changes, and one is we will have an appeals board,” Young said. “That is if you are denied a permit to build a tall structure, you can appeal and ask for a variance. I recommended they add that because I believe the code of Virginia will require some due process of law. The other change was the setback. That’s how tall the structure must be setback from a dwelling. As advertised, it was one-and-a-half times it height. The steering committee recommended three times. Their concern is a tall structure — if it fell — could injure individuals in the county. The concern is it will bounce, tumble or skid if it falls on a steep slope.”

Young said the commission also is considering a setback from existing boundaries. The proposal would require a waiver from adjacent property owners.

The proposed mountain ridge construction ordinance seeks to protect certain mountain ridgelines by limiting construction of tall buildings and structures that may obstruct views of their crests or endanger the persons or property of residents below the ridgeline.

Dominion and BP Wind Energy North America have proposed the development of as many as 60, 400-foot tall windmills along East River Mountain near Bluefield, Va. The supervisors voted 4-1 earlier this month to accept a donation from Dominion and BP for the development of a wind-energy economic impact study for Tazewell County.

— Contact Charles Owens at cowens@bdtonline.com