(A) No wind turbine generators shall be constructed, operated or maintained within the township without a permit for the same. Application for permit shall be made on forms provided by the township. The application form shall include a statement requiring that the applicant indemnify the township with respect to all activities related to the operation of the wind turbine generator(s). A separate application shall be filed for each structure.
(B) In addition, the issuance of a permit pursuant to this wind turbine ordinance will not relieve the facility owner of any applicable requirements contained in any other township ordinance including the township subdivision and land development ordinance.
(1) The permit application shall demonstrate that the proposed wind energy facility will comply with this chapter.
(2) Among other things, the application shall contain the following:
(a) A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities;
(b) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility;
(c) Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located;
(d) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback; and
(e) The wind turbine generators shall comply with the following setbacks.
1. Civil structures. Each wind turbine generator shall be set back from the nearest existing (at the time of the building permit issuance) school, hospital, church or public library, a distance of no less than 2,500 feet.
2. Participating residences. For existing (at the time of the building permit issuance or notice from the building code enforcement officer that no building permit is required) participating primary occupied residences, the setback distance from a wind turbine generator shall be at least 1,000 feet. In the event that a lesser distance is desired, the developer/permittee shall request a waiver to this provision pursuant to the requirements of this chapter. In no event shall the setback distance be less than 1.1 times the total height of the wind turbine generator (measured at the highest point of the blade tip).
3. Non-participating residences. For existing (at the time of the building permit issuance or notice from the Building Code Enforcement Officer that no building permit is required) non-participating primary occupied residences, the setback distance from a wind turbine generator shall be at least 2,500 feet. For purposes of this chapter, PARTICIPATING shall mean a property owner or property (including a residence) that is subject to an agreement or lease with the developer/permittee. NON-PARTICIPATING shall mean all property owners or properties (including a residence) which are not participating property owners or property.
4. Property lines. Each wind turbine generator shall be set back from the nearest property line a distance of no less than 1,000 feet.
5. Public roads. Each wind turbine generator shall be set back from the nearest public road a distance of no less than 1,000 feet, determined at the nearest boundary of the right-of-way for such public road. Unless conclusive evidence exists to the contrary, the public road right-of-way is presumed to be 66 feet.
6. Communication and electric lines. Each wind turbine generator shall be set back from the nearest above-ground public electric power line or public telephone line a distance of no less than 1,000 feet.
7. Natural resources and historic sites and structures.
a. Each wind turbine generator shall be set back a distance of no less than 2,500 feet from the nearest existing critical and irreplaceable natural and cultural resource areas of the township (at the time of the building permit issuance):
i. Important bird areas (IBA);
ii. National wetland inventory (NWI) wetlands;
iii. Historic structure listed or eligible to be listed on the Pennsylvania Heritage Inventory and National Landmarks;
iv. County natural heritage areas; and
v. Lakes, dams, ponds and public water source wells and springs
b. The applicant is required to contact and present their proposals by certified return receipt mail to each of the following agencies. The applicant will copy the township on any correspondence sent to or received from the agencies. The applicant is required to follow all the recommendations and all directives of the agencies and provide the township with a letter of consistency from each agency.
c. Should any agency fail to respond within 90 days of the date of return receipt to an applicant’s request for review of the proposal, this section will be satisfied as to the need to obtain a finding of consistency from that specific agency. Setback requirements or recommendations of the following agencies as they relate to Natural Resources and Historic Sites and Structures supersede the setbacks in this section. Where specific standards, recommendations or requirements as to any of the Historic or Natural resources listed in this section are not obtained, this chapter and permit requirements will be adhered to.
d. Where the different agencies differ in their standards, recommendations or requirements, the more strict standards, recommendations and requirements will be followed by the applicant.
U.S. Fish and Wildlife Service
PA Field Office
315 South Allen Street, Suite 322
State College, PA 16801-4850
Pennsylvania Historical & Museum Commission
Bureau for Historic Preservation
Commonwealth Keystone Building
400 North Street, 2nd Floor
Harrisburg, PA 17120-0093
Department of Conservation and Natural Resources
Bureau of Forestry
Central Office
6th Floor, Rachel Carson State Office Building
P.O. Box 8552
Harrisburg, PA 17105-8552
Pennsylvania Game Commission
2001 Elmerton Avenue
Harrisburg, Pennsylvania 17110-9797
Pennsylvania Fish and Boat Commission
1601 Elmerton Avenue
P.O. Box 67000
Harrisburg, PA 17106-7000
(3) Documents related to decommissioning.
(4) Other relevant studies, reports, certifications and approvals as may be reasonably requested by the township to ensure compliance with this chapter.
(5) Within 30 days after receipt of a permit application, the township will determine whether the application is complete and advise the applicant accordingly.
(Ord. 5-2006, passed 12-7-2006)