Below
are excerpts from a BP good neighbor agreement also known as an easement
following the excerpts is a BP good neighbor agreement contract.
Would you sign a contract like this? This Good neighbor contract
makes for very bad neighbors.
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Good Neighbor
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Good Neighbor
Although Grantee (BP)adheres to generally recognized wind industry
practices and applies commercially reasonable measures to minimize effects of
its wind farm activities on neighboring properties, will acknowledges the
grantee's wind power facilities may still impact the owner's property. Owner
has agreed to grant certain rights and easements to accommodate any impact that
Grantee's (BP’s) wind power facilities they have on owners property.
This clause is an acknowledgement disclosure, the landowner acknowledges
that they are aware that there are impacts and they are giving informed
consent.
Wind farm operations easement.
Owner grants Grantee (BP) an exclusive easement in, on, over, across and through owners property, for the purpose of allowing any audio, visual, view, light, noise, vibration, shadow flicker, air turbulence, wake, ice, electromagnetic, electric and radio interference, ice throw or other, whether created hazards, or other effect of any kind whatsoever resulting, directly or indirectly from any construction, development, repair, maintenance, replacement, or operation of grantee's wind power facilities or other of grantee's activities on wind farm.
Wind farm operations easement.
Owner grants Grantee (BP) an exclusive easement in, on, over, across and through owners property, for the purpose of allowing any audio, visual, view, light, noise, vibration, shadow flicker, air turbulence, wake, ice, electromagnetic, electric and radio interference, ice throw or other, whether created hazards, or other effect of any kind whatsoever resulting, directly or indirectly from any construction, development, repair, maintenance, replacement, or operation of grantee's wind power facilities or other of grantee's activities on wind farm.
This clause allows broad unlimited surface and subsurface property
uses.
Noise waiver.
Owner grants Grantee and easement for the right and privileges to generate and maintain audible noise levels in excess of 50 dBA(L 90) on and above the noise easement property at any times of the day or night(" noise easement"). The "noise easement property" shall mean owners property, except those portions within a two hundred (200) – foot radius circle (or lesser distance with owner's prior consent). Centered on the inside of each presently existing, occupied residents on the owner's property. If noise levels produced by the turbines exceed 50 dBA (L90), as measured within (200) feet (or lesser agreed distance) from inside of a presently existing, occupied residents on owners property by an independent, professional applying commonly accepted measurement instruments and standards, grantee shall reduce the noise levels produced by the turbines to 50 dBA (L 90) at two hundred (200) feet (or lesser agreed distance) from the residence. Said noise easement shall further permit the grantee to generate and maintain audible noise levels, emitting from grantee's wind turbines installed on property adjacent to owner’s property, up to 55 dBA at the property boundaries.
Noise waiver.
Owner grants Grantee and easement for the right and privileges to generate and maintain audible noise levels in excess of 50 dBA(L 90) on and above the noise easement property at any times of the day or night(" noise easement"). The "noise easement property" shall mean owners property, except those portions within a two hundred (200) – foot radius circle (or lesser distance with owner's prior consent). Centered on the inside of each presently existing, occupied residents on the owner's property. If noise levels produced by the turbines exceed 50 dBA (L90), as measured within (200) feet (or lesser agreed distance) from inside of a presently existing, occupied residents on owners property by an independent, professional applying commonly accepted measurement instruments and standards, grantee shall reduce the noise levels produced by the turbines to 50 dBA (L 90) at two hundred (200) feet (or lesser agreed distance) from the residence. Said noise easement shall further permit the grantee to generate and maintain audible noise levels, emitting from grantee's wind turbines installed on property adjacent to owner’s property, up to 55 dBA at the property boundaries.
This noise waiver allows Grantee (BP) to maintain audible noise
levels day and night exceeding 50 dBA (L90). Noise may affect wildlife, as well
as other landowners and the quiet enjoyment of the Owner’s Property.)
Owner understands and acknowledges that by ordinance, and otherwise, Jefferson County and other governmental entities may now and in the future require, unless waived, certain setbacks of wind turbine generators from property boundaries based on their noise levels. Owner for itself and it's successors and assigns, as owner of the property, waives any and all claims that it may now or hereafter have against Grantee or against Jefferson County, New York, in connection with noise levels that may be generated on owners property by the wind farm.
Owner understands and acknowledges that by ordinance, and otherwise, Jefferson County and other governmental entities may now and in the future require, unless waived, certain setbacks of wind turbine generators from property boundaries based on their noise levels. Owner for itself and it's successors and assigns, as owner of the property, waives any and all claims that it may now or hereafter have against Grantee or against Jefferson County, New York, in connection with noise levels that may be generated on owners property by the wind farm.
Setback waiver
Grantee(BP) or any affiliate of Grantee (BP) owns, leases or holds an easement in other land concerning or contiguous to the owner's property and has installed or constructed or desires to install construct wind power facilities such adjacent land at or near, the boundary with owners property, owner hereby waives any and all setbacks and setback requirements, whether now or hereafter imposed by applicable law, or by any person or entity, including, without limitation, any setback requirements described in current or future zoning ordinances. In Jefferson County, New York, or in any governmental entitlement or permit heretofore or hereafter issued to Grantee (BP) or such affiliate provided, however, Grantee (BP) agrees that no generating unit shall be located closer than 500 feet from owner’s property line or 1200 feet from any occupied residence on the property, such measurements to be calculated from the center point- of the generating unit.
Upon Grantee (BP) or an affiliates request, owner shall at no
additional cost to Grantee (BP)execute(and
if appropriate cause to be acknowledged) any setback waiver, setback elimination or
other document or instrument reasonably requested by Grantee(BP), its members,
or lenders, Jefferson County real estate of New York or any
applicable governmental authorities in connection there were, – return the same
for any applicable governmental authorities in connection there with – return
the same thereto within 10 days after such request, and
– provide such public support as Grantee(BP) may reasonably request in
connection with any related zoning variance or other government applications by
grantee(BP).
This clause seemingly overrides without limitation, any setback requirements described in current or future zoning ordinances of Jefferson County.
This clause seemingly overrides without limitation, any setback requirements described in current or future zoning ordinances of Jefferson County.
Additionally the Owner agrees to execute a setback waiver as requested
by BP or their lenders. and the owner will publicly support BP's request.
Link here to read entire Good Neighbor agreement