‘Good Neighbor’ agreement may not be so good
Dear landowners who live within the two proposed wind turbine projects in Seneca County,
Thankfully, the proposed changes to the wind turbine setback laws which would have allowed wind turbines to be located closer to your home appear to have stalled in Senate committee in Columbus. This forces Apex and sPower to obtain additional waivers from area landowners before they can proceed with their wind turbine projects. All of the proposed turbine locations are located on properties that are already under signed wind lease contracts; however, a large number of the proposed turbines are located too close to a non-participating property line to be in compliance with Ohio setback laws.
If you are one of these nearby non-participating property owners, Apex and sPower will be in contact with you in hopes that you will agree to sign a “Good Neighbor” agreement which includes a setback waiver. With a signed waiver, you essentially are agreeing to allow the turbine to be located closer to your home and property line. Before signing any contract, please be aware of the consequences.
If you sign a “Good Neighbor” agreement, a turbine will be located closer to your home and property line than what the current state law allows. Because your home and property will physically be closer to the turbine, you will be more directly exposed to the well-documented negative side effects of wind turbines such as shadow flicker, noise, infrasound, ice throws, turbine blade shears, vibration, electromagnetic effects, air turbulence, etc. By signing the agreement, you forfeit your right to file any future claims or damages related to the known side effects.
While you are being asked to be a “Good Neighbor” for a nominal amount of money, Apex, sPower and the wind lease holder reap the benefits without having to directly be faced with the negative side effects. Good neighbors have the least to gain and the most to lose. If you are being asked to be a good neighbor, what term should be used to describe Apex, sPower and the lease holder for putting you in this position?
Please be careful to understand the consequences before signing any proposed contract or agreement. We highly recommend that you have an attorney review the contract before signing. If you have questions, please email firstname.lastname@example.org or call (419) 618-1741.
Bloom Township resident