(A) No waiver by the township of the obligations of the permittee shall be deemed to be made unless the same shall be in writing and be signed by a duly authorized township or the developer/permittee official. Each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights of the township or the developer/permittee in any other respect at any other time. The decision of the Township Board of Supervisors on a waiver request shall be considered final.
(B) All waivers shall be in the form of an executed written waiver or non-disturbance easement, covenant or consent. All of the aforementioned must be recorded in the office of the Recorder of Deeds of the county. Such easement or covenant shall run with the land and, at a minimum, provided that the said property owner waives and releases any and all claims, damages and/or losses resulting from higher noise levels, visual impacts or flickering reflections and/or shadows which may arise as a result of the location of a wind turbine generator within the established setback distance of an existing residential or commercial structure on the property of the owner executing the same. Such easement, covenant or consent shall meet such requirements as to form and content consistent with this agreement as may be required by the township.
(Ord. 5-2006, passed 12-7-2006)