Published: June 21, 2009 08:50 pm      

Details of proposed windmill ordinance revealed

TAZEWELL, Va. — Tazewell County officials have released a draft copy of a proposed ordinance that would regulate the construction of tall structures along certain protected ridgelines.

The ordinance was crafted by a tall structures steering committee and the county’s planning commission in response to a large-scale wind turbine farm proposed for East River Mountain. A draft copy of the ordinance has been provided to the Daily Telegraph.

The county Board of Supervisors are expected to schedule a second public hearing on the ordinance. The supervisors can either accept, amend or reject the proposed ordinance as recommended by the planning commission.

According to the proposed ordinance, the county’s ridgelines are “a great resource to the county’s economic development because of the majestic views they provide, attract tourism and encourage residential development in the county.”

The draft ordinance states that certain mountain ridgelines identified in the county’s comprehensive plan will be protected by limiting construction of tall buildings and structures that may obstruct views of their crests or endanger the persons or property of residents located below the ridgelines. The proposed ordinance also would include additional areas surrounding the ridgelines to prohibit “excessively tall buildings and structures that, thought not built on the ridgeline, would extend to a height such that they nevertheless would endanger protected mountain ridgelines,” according to the draft document.

The proposed ordinance identifies a tall building or structure as any structure with a vertical height of more than 40 feet measured from the top of the natural finished grade of the crest or the natural finished grade of the high side of the slope of a ridge to the uppermost point of the building, structure or unit.

The draft ordinance states that no structures over 40 feet in height can be built on a protected mountain ridgeline on property located within the protected mountain ridgeline area without a variance. It also states no structure over 120 feet in height may be built on a base set at an elevation of more than 3,200 feet without a variance. It further states no structure over 120 feet in height may be built at an elevation of more than 3,200 feet on any property located within a protected mountain ridgeline unless it is located a distance of more than three times its highest from a dwelling or the owner’s property boundary. It further states the proposed tall structure may nevertheless be built within a distance of not less than three times its height of the property owner’s’ boundary line provided the affected adjacent property owner signs a waiver.

The ordinance also would require an applicant to agree in writing to the removal of a tall structure when it ceases to function. The development of a tall structure on a protected mountain ridgeline also would require a permit to be issued by the ordinance administrator or the county board of appeals. Applications for such permits would have to be submitted to the county engineer. The fees for such applications would range from $50 to $600.

The draft ordinance further states that any variance granted by the building inspector must be in harmony with the intended spirit and purpose of the ordinance. The proposed ordinance also would provide for civil penalties of up to $5,000 for violations of provisions of the ordinance.

The supervisors meet again on June 30, but the board isn’t expected to schedule a public hearing at that time. According to chairman David Anderson, the board is hoping to receive a wind energy economic impact study first. Anderson has opposed the study because it is being partially funded by the developers of the wind turbine project.

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.

— Contact Charles Owens at cowens@bdtonline.com