Wind ordinance updates nearly ready

Updates for the county’s wind farm ordinance are nearly ready to move forward.

Jay County Building and Planning director John Hemmelgarn told Jay County Plan Commission at its meeting Thursday that the committee charged with reviewing the ordinance plans to have it ready to present next month.

Work on developing an ordinance to regulate solar farms is also underway.

Hemmelgarn, who has facilitated discussions for the study group looking at the wind farm ordinance, said a draft of the proposed updated ordinance has been presented and reviewed by the committee. A final draft is being prepared for review by attorney Bill Hinkle, with a goal of presenting it to plan commission at its March meeting.

After being presented, the proposed changes would be subject to a public hearing. If they get the thumbs up from the plan commission, they would be forwarded to Jay County Commissioners for final approval.

Plan commission member Steve Ford, who is serving on the review committee along with Gary Theurer, Scott Hilfiker, Brian Aker, Jeff Birsfield, Kyle Champ and Chuck Huffman, classified the changes as “not drastic.” 

While not providing specifics, Hemmelgarn said changes address the depth at which cables must be buried, setbacks and the responsibility of the developer for any problems with shadow flicker and/or television transmission. It also clarifies language regarding the height of the turbines, which was an issue raised by Bitter Ridge opponents.

“I think the changes are good,” said Hemmelgarn. “We’re not going to make everyone happy.”

The process of reviewing and potentially revamping the wind farm ordinance began last summer after there was significant opposition, spearheaded by Birsfield, to Colorado-based Scout Clean Energy’s efforts toward the proposed Bitter Ridge Wind Farm in Jackson and Richland Townships.

A group of area residents fought against the proposed $135-million construction project that would include 52 wind turbines. It would be the county’s second wind farm, following the construction of Bluff Point Wind Energy Center in southern Jay and northern Randolph counties in 2017.

Plan commission approved Scout’s plans for the project, and Jay County Council OK’d a tax abatement similar to that provided to Bluff Point developer NextEra Energy Resources. But, as a result of the opposition, plan commission also recommended a three-year moratorium on wind farms in order to allow study and potential update to the county’s ordinance. Jay County Commissioners enacted that moratorium July 9.

Hemmelgarn also informed the plan commission that Scout has updated its plans for the type of generator to be used for the Bitter Ridge project to General Electric’s 2.82-megawatt model from its 2.5-megawatt model. The change has no impact on the physical dimensions of the wind turbines and will not effect the number of turbines planned for the project.

As for the solar ordinance, Hemmelgarn said the group is putting together a framework based on available information. (He noted that he has talked with property owners in the northwest corner of the county who have recently granted easements to Invenergy Solar Project Development, and they have told him there are no immediate plans.)

He said he has not found any similar ordinances in Indiana, but has reviewed a couple from Illinois. He has also talked with Ohio counties that have had experience with solar facilities.

“I think we’re ahead of the game,” said Hemmelgarn, while reminding the plan commission that the process is new to all involved.

“A lot of this stuff, you’re not going to get right the first time,” he added. “You put an ordinance out there and it’s a starting point. … It’s never going to be perfect. … We’re taking our best guess for what to put in there …”

He credited former plan commission member Shane Houck with pushing for the county to create an ordinance regulating solar facilities.

Plan commission members Chad Aker, who was recently appointed as Jay County Commissioners representative replacing Mike Leonhard, Matt Minnich, Brad Daniels, Tom Laux, Ron Laux, Michelle Penrod, and Ford, absent Ted Champ and Hilfiker, also elected Hilfiker as president, Tom Laux as vice president and Minnich as secretary.

Also re-appointed were Larry Temple as a non-voting member, Pati McLaughlin as recording secretary and Bill Hinkle as legal counsel.