These documents support the request that the Clinton County Planning Commission deny the Special Use Permit Application submitted by Forest Hill Energy Fowler Farms because it fails to comply with the Clinton County Zoning Ordinance.
Feel free to share this information, as it will be discussed at the January 10 meeting.
Some excerpts - see the link below to read all the details:
A. REPORT FROM RICK JAMES OF E-COUSTIC SOLUTIONS DEMONSTRATES FHEFF’S FAILURE TO COMPLY WITH CLINTON COUNTY’S 45 dBA SOUND LIMIT.
In support of this request, please find attached December 10, 2012, correspondence from Rick James of E-Coustic Solutions. As Mr. James points out, several defects mandate that FHEFF’s Application be denied, such as:
- Failure to comply with the “shall not exceed” 45 dBA sound limit set forth in Section 1341(B)(3)(a) of the Clinton County Zoning Ordinance;
- Failure to comply with ANSI standards in conducting background sound study, as required by Section 1341(A)(4) of the Clinton County Zoning Ordinance;
- Inappropriate application of average sound in order to artificially inflate background sound values.
FHEFF’s failure to comply with Sections 1341(A)(4) and (B)(3)(a) are fatal and its Application must be denied.
B. REPORT FROM K & S DEMONSTRATES FHEFF’S FAILURE TO COMPLY WITH CLINTON COUNTY’S 45 dBA SOUND LIMIT.
C. OTHER “CONDITIONS” FOR CONSIDERATION.
In the event that the Clinton County Planning Commission chooses to disregard the considered opinions of both Mr. James and its own consultants, K & S, FHEFF’s Application, there are two other “conditions” that should be placed upon FHEFF’s Application before it receives final approval: (1) a study of low frequency noise emitted by wind turbines and (2) a valid interconnection agreement.
D. CONCLUSION
Article 13 of the Clinton County Zoning Ordinance (“Ordinance”) addresses “Special Land Uses.” Section 1301(B)(4) states, in pertinent part,
[i]t shall be incumbent upon the applicant to furnish adequate evidence in support of the proposed Special Land Use complying with the provisions of this Ordinance. It shall be the obligation of the
applicant to furnish evidence, or proof, of present and future compliance with the provisions of this Ordinance. (Emphasis added.)
In other words, the burden of proof is on FHEFF to demonstrate compliance with all provisions in the Ordinance.
FHEFF has simply failed to meet the requirements for approval of its Application. FHEFF has acknowledged that it failed to comply with ANSI when conducting its background sound study, in violation of Section 1341(A)(4). Furthermore, FHEFF cannot demonstrate compliance with the “shall not exceed” 45 dBA sound limit set forth Section 1341(B)(3)(a).1 FHEFF has been given ample opportunity to produce information confirming compliance with Clinton County’s Zoning Ordinance, but has failed to meet its burden. As such, the time has come for the Clinton County Planning
Commission to deny FHEFF’s Application.
Respectfully submitted,
Joshua J. Nolan
NOLAN LAW, LLC
Please click here to read the six documents.
