CHAPTER 152:  WIND TURBINE GENERATORS

Section

   152.01   Findings

   152.02   Establishment

   152.03   Definitions

   152.04   Special conditions

   152.05   Permits required

   152.06   Permit fee

   152.07   Duration of permit

   152.08   Notice of application

   152.09   Review of applications

   152.10   Issuance of permits

   152.11   Criteria and regulations for granting of permit

   152.12   Waiver

   152.13   Continued compliance

   152.14   Noise and shadow flicker

   152.15   Private access roads and forestry management

   152.16   Use of public roads

   152.17   Safety

   152.18   Insurance

   152.19   Field representative and site manager

   152.20   Inspections

   152.21   Performance standards

   152.22   No further land development

   152.23   Revocation of permit

   152.24   No further subdivision

   152.25   Wind turbine generator removal

   152.26   Appeals

   152.27   Regulations considered nuisance regulations

   152.99   Penalty

§ 152.01 FINDINGS.

   The Township Supervisors make the following findings with respect to the construction, operation and maintenance of wind turbine generators.

   (A)   The construction, maintenance and operation of wind turbine generators, which fail to comply with all criteria and regulations set forth in this chapter, present tangible and immediate dangers to the public and neighboring landowners in the nature of ejection of projectiles (ice or injured birds), continuous generation of noise during night time hours and glare from sunlight continually flashing off of rotating blades.

   (B)   The construction, maintenance and operation of wind turbine generators presents a danger following the useful life of the wind turbine generators from deteriorating structures if provisions for decommissioning are not made as required by this chapter.

   (C)   The construction, maintenance and operation of wind turbine generators, which fail to comply with all criteria and regulations set forth in this chapter, unreasonably interferes with the reasonable use, comfort and enjoyment of property in the vicinity and/or endangers the health, safety and/or welfare of the occupants of the property in the vicinity, and prohibits or denies the property owners and taxpayers the legitimate enjoyment of their reasonable rights and use of their property and rights.

   (D)   The construction, maintenance and operation of wind turbine generators, which fail to comply with all criteria and regulations set forth in this chapter, including, but not limited to, the repetitive noise and glare, visual impacts, flickering reflections and/or shadows, constitute an unreasonable use of property which causes injury, damage, harm, inconvenience, annoyance, and discomfort to the property owners and taxpayers in the legitimate enjoyment of their reasonable rights and use of their property and rights, and constitute a danger to migratory birds and the watershed.

   (E)   The wind turbine generators shall meet current standards and regulations, if any, of any other agency of the state, federal and local government with the authority to regulate wind turbine generators.

(Ord. 5-2006, passed 12-7-2006)

§ 152.02 ESTABLISHMENT.

   The Township Supervisors hereby declare the construction and maintenance of wind turbine generators to constitute a nuisance and offensive business, if not constructed and maintained in accordance with the criteria and regulations set forth in this chapter, a copy of which is attached hereto and incorporated herein by reference, subject to prohibition under § 1529 of the State Second Class Township Code (53 P.S. § 66529) and provide for then-regulation and permitting under the conditions set forth below in order to avoid the maintenance of nuisance or offensive businesses within the geographic limits of the township.

(Ord. 5-2006, passed 12-7-2006)

§ 152.03 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PROPERTY LINE.  As referred to in the boundary of the property or lot upon which the wind turbine generators is to be located.

   WIND TURBINE GENERATORS.  As prohibited or regulated by this chapter, shall mean real and personal property which are composed of generators, blades, tower, base, components of the aforementioned and appurtenances of the aforementioned (WIND TURBINE GENERATOR with the term referring to both the singular and the plural of such structure).

(Ord. 5-2006, passed 12-7-2006)