High-pressure gas transmission lines and high-voltage electric transmission tower lines may be permitted in any district subject to the following special land use approval requirements.
(A) General regulations.
(1) All the utility lines shall follow existing utility corridors, where possible and reasonable, as determined by the Planning Commission.
(2) The loss of any active agricultural use on property shown as prime or unique farmland on the soil conservation service’s important farmland map of the county shall be minimized to the greatest extent feasible consistent with the public interest and common good as determined by the Planning Commission.
(3) Selective clearing techniques shall be used throughout a utility corridor or property for installation of towers, lines, pipelines, service roads, drainage facilities and similar facilities. Existing vegetation shall be maintained, whenever possible, throughout the remainder of the corridor not affected by the actual installation of approved facilities.
(4) Noncompliance with any part of this subchapter, or any other township ordinance, shall be grounds for the township acting to withdraw its approval or conditional approval of any use regulated hereunder and to order the use to be discontinued.
(5) Prior to commencement of construction, any approvals granted hereunder are not transferable to others or to successors in interest, without first applying for such to the Planning Commission.
(6) The person or company granted privileges hereunder shall inform the Township Clerk on a continuing basis of the name, address and phone number of its employee who is responsible for receiving complaints and communications from the township.
(7) The existence of one line or facility approved hereunder does not imply permission to erect any other lines or facilities other than those originally permitted.
(B) Requirements for high-voltage electric transmission lines of 120kV or greater.
(1) High-voltage electric transmission lines of more than 345 kV shall not be located closer than 500 feet to occupied residences. Existing 345 kV lines shall not be energized at a higher voltage level when located closer than 500 feet to occupied residences.
(2) Corridor width shall be a minimum of two times the proposed tower height for all voltages so that accidental collapse of any tower will be confined to the utility right-of-way.
(3) Where operating voltages will exceed 345 kV, the township shall evaluate an area one-quarter mile on either side of the proposed electric corridor. The existing density of occupied dwellings per square mile shall not exceed 100 in any two-mile segment of this area. The applicant shall provide maps showing all information necessary to determine compliance with this standard.
(4) The electric field strength for all voltage levels shall not exceed 0.8 kV per meter, as measured at the edge of the corridor right-of-way.
(5) No such line or system shall cause radio or TV interference within residential dwellings in the township, and if that happens it will be considered a public nuisance, subject to abatement.
(6) “Danger-No Trespassing” signs shall be placed at all road crossings and the Planning Commission may require fencing at those road crossings that it determines are in need of additional protective measures.
(7) Any area destroyed by necessity in the construction of the approved facilities may be subject to conditions imposed by the Planning Commission for its immediate restoration by replanting or similar techniques.
(8) (a) Noise levels at the edge of the corridor right-of-way, that is the pressure level of sounds, shall not exceed the following decibel levels when adjacent to the following types of uses:
Sound Level | Adjacent Use | Where Measured |
40 dBA | Residential | Common property line |
40 dBA | Agricultural | Common property line |
60 dBA | Commercial | Common property line |
75 dBA | Industrial | Common property line |
(b) The sound levels shall be measured using a weighted decibel measurement (referenced to 20 micropascals) and with a type of audio output meter approved by the U.S. Bureau of Standards. Where noise levels will exceed the above standards for the corridor width proposed, a widening of the corridor, consistent with these requirements, shall be required.
(9) During the construction or repair of any facilities approved hereunder, the following shall
be required:
(a) All internal roads shall be kept dust free by chemical treatment;
(b) Any damage to public or private roads, fences, structures or facilities shall be repaired immediately;
(c) No wastes or spoils of any kind, such as tree stumps, construction wastes, trash and the like, shall be left after construction or repair operations are complete; and
(d) All construction operations shall be confined to daylight hours - Monday through Saturday - unless permitted in writing by the Planning Commission.
(10) At the time a request is made for approval under this section, the person, partnership, corporation or public utility shall submit an estimated timetable for completion of the construction plans to the Planning Commission, and specifications of all equipment and facilities proposed for installation. The Planning Commission may require a performance bond with surety or an irrevocable bank letter of credit as a guarantee of completion of all approved facilities, and an agreement to indemnify, defend and hold harmless the township from any claims arising out of the construction or operation of a project approved herein.
(11) When the lines or systems interfere with a public road by crossing such or paralleling such, any person or company, upon five days notice, shall be required to raise the lines for necessary passage of any barn, building, house or other object over the public ways.
(12) If any court or the State Public Service Commission or other governmental body finds that such lines and systems are not necessary, such shall, upon exhaustion of appeals, be dismantled under regulation by the Planning Commission.
(13) The township may make reasonable requests to require the person or company granted privileges hereunder to file written reports of the current status of research on high-voltage electricity, and the reports shall be true and complete. Any privilege granted hereunder is subject to a continuing representation by the holder of such that the lines and systems are safe and have no chance of being detrimental to the health or safety of any person or the environment.
(14) After the construction of the line is completed and before regular operation is begun, the operating company shall retain the services of an independent testing laboratory, which shall test the line for compliance with the standards contained herein, and submit a report of the test results to the township.
(Ord. passed 6-28-2006)