(A) Generally. Nothing in this section is intended to apply to small windmills constructed on a person’s property for the purpose of providing power for use on the property or those providing meteorological data and which otherwise meet the requirements of § 154.088.
(B) Commercial power production from windmills. Commercial power production from windmills will be permitted in the C, RR, R1 and R2 Zoning Districts as a conditional use provided that the Board of Supervisors determines that:
(1) No facility shall be closer than a “tower setback distance”, of five times the distance to the top of the hub of the tower, to an existing residential structure, or the proposer has received a waiver or consent from the owner of any such residential structure;
(2) (a) The developer has submitted a site plan containing all information required under § 154.034.
(b) The site plan shall show each facility proposed as part of the development and shall include:
1. A future no build area around the base of each tower equal in radius to the total height of the tower plus 50 feet;
2. The traffic route to be utilized in bringing construction materials to (and from) the site (may be a separate sheet with a different scale);
3. Names and addresses of all property owners and location of all structures within the “tower setback distance” plus 2,500 feet of any of the facilities. The applicant must provide written notice of application to all property owners and tenants occupying property with structures located within the “tower setback distance” of any of the proposed facilities. Proof of service of such notice by certified mail or notarized affidavit of hand delivery must be provided with the application;
4. Major construction details of all facilities including size, and materials and power output specifications for each wind turbine; and
5. Location and construction details including E&S controls, stormwater management, drainage for of all private roads to be constructed on site for the construction, maintenance and operation of the facilities.
(3) The developer submits a transportation plan outlining access to the site during construction which avoids to the greatest extent possible schools, playgrounds and residential areas of the township.
(4) The developer provides a calculation of the costs of removal and salvage value of each facility and provides a bond, cash or irrevocable letter of credit to cover any deficiency. As a condition of approval the calculation must be revised and resubmitted to the township every two years.
(5) The developer shall provide a list of conditions to be followed during construction to ensure that erosion and sedimentation standards shall be met during construction and operation of the facilities.
(6) The developer shall provide evidence that lighting, except as required by FAA rules and regulations, shall not interfere with other adjoining properties or uses. The developer shall demonstrate that extraneous lighting has been minimized to the greatest extent possible.
(7) The developer provides evidence that any sound created by operation of the wind turbine at the nearest occupied residential structure is no more than 45 db.
(C) Setbacks. The wind turbine generators shall comply with the following setbacks.
(1) Structures.
(a) Civil structures. Each wind turbine generator shall be set back from the nearest existing (at the time of the building permit issuance) residence, school, hospital, church or public library, a distance of no less than 2,000 feet.
(b) 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 600 feet unless the property owner provides written permission allowing for a lesser distance. In no event shall the setback distance be less than one and one-tenth times the total height of the wind turbine generator (measured at the highest point of the blade tip).
(c) 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 unless the property owner provides written permission allowing for a lesser distance. In the event the property owner provides written permission, the setback distance shall not be less than one and one-tenth times the total height of the wind turbine generator (measured at the highest point of the blade tip).
(d) Definition of participating and non-participating. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-PARTICIPATING. All property owners or property (including a residence) which are not participating property owners or property.
PARTICIPATING. A property owner or property (including a residence) that is subject to an agreement or lease with developer/permitee.
(e) Distance. No wind turbine generator shall be located within a distance of 2,500 feet from any non-participating occupied residence or occupied commercial structure existing at the time of the erection of the wind turbine generators, unless the owner of such existing residential or commercial structure shall have executed a written waiver or non-disturbance easement, covenant or consent, any of the aforementioned which has been 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, provide 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 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.
(2) Property lines. In addition to setbacks from structures set forth above, each wind turbine generator shall be set back from the nearest property line a distance of no less than one and one-tenth times its total height. This distance may be waived among both participating and non-participating property owners with written permission by adjacent property owners.
(3) Public roads. In addition to setbacks from structures set forth above, each wind turbine generator shall be set back from the nearest public road a distance of no less than one and one-tenth times its total height, 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.
(4) 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 one and one-tenth times its total height, determined from the existing power line or telephone line, unless otherwise agreed to or waived by the easement holder.
(D) Noise. The developer/permitee shall comply with the following noise standards.
(1) The developer/permitee shall maintain a noise level attributable to the wind turbine generators of not more than 45dbA within a reasonable margin of error as measured at existing non-participating residences.
(2) The parties acknowledge that the project’s construction will be the source of intermittent noise. The developer/permitee shall require all contractors to incorporate reasonable noise reduction measures in order to mitigate the amount of noise generated during the construction phase.
(E) Safety. The developer/permitee shall comply with the following safety standards.
(1) All wiring between the wind turbine generators and the substation shall be underground to the extent practicable.
(2) The outside of the wind turbine generator towers shall not be climbable.
(3) All access doors to the towers and electrical equipment shall be locked.
(4) Appropriate warning signage shall be placed on each tower, all electrical equipment and all entrances.
(5) The developer/permitee shall abide by all applicable local, state and federal fire code and emergency services guidelines.
(6) All wind turbine generators shall be equipped with portable fire extinguishers, unless the local Fire Department or Municipal Engineer provides written documentation establishing that the same is not necessary.
(F) Maintenance, repair and replacement. The developer/permitee shall repair, maintain and replace the wind turbine generators and associated equipment during the term of this agreement in a manner consistent with good utility practice as needed to keep the project in good repair and operating condition. The developer/permitee shall cause its operations and maintenance provider (“O&M personnel”) to comply with the following schedule.
(1) At least once every 36 months, the individual wind turbine generators shall be inspected by O&M Personnel, or its agent, who is regularly involved in the maintenance, inspection and/or erection of wind turbine generators, towers and antennas. At a minimum, this inspection shall be conducted in accordance with the provisions of this agreement and in accordance with the wind turbine generator inspection check list provided by the parties respective engineers, as applicable. This is considered a major inspection.
(2) At least once every 12 months a visual inspection from ground shall be conducted by O&M personnel. This inspection shall include, but not be limited to, visual inspection of wind turbine generator foundations, structures, guys and connections for evidence of settlement or lateral movement; soil erosion; condition of paint or galvanizing; rust or corrosion, loose or missing bolts, loose or corroded lightning protection connectors; wind turbine generator tower plumbness; significant variation in guy sags (i.e. guy tensions), and other material areas or matters relating to the structural integrity of the wind turbine generator. This is considered a minor inspection.
(3) In addition to the regularly scheduled major and minor inspections set forth in division (F)(1) and (F)(2) above, a minor inspection, at a minimum will be conducted if a wind turbine generator or its appurtenances are noted at any time to be visibly damaged. Additionally, a major inspection should be conducted if the visible damage to a wind turbine generator is significant or when, after conducting a minor inspection, significant questions remain about the structural integrity of a wind turbine generator.
(4) The developer/permitee shall provide an annual letter to the township certifying compliance with the inspection requirements of this section.
(G) Wind turbine generator removal.
(1) Each wind turbine generator and all related improvements shall be removed within 12 months of the date when the use of the particular wind turbine generator has been discontinued or abandoned by developer/permitee, or upon expiration of this agreement, whichever is earlier. At the time of its removal, a wind turbine generator will be decommissioned and removed except for any concrete structure four feet below grade. Upon removal, the land used for the removed wind turbine generator and associated equipment will be restored to its original condition. Roads, at the property owner’s request, may be left intact.
(2) The developer/permitee shall assure funding of these removal obligations by providing a security instrument to the township in a form, amount and containing such terms and provisions mutually agreed to by the township and the developer/permitee. The security shall be maintained in effect upon the commencement of construction and for the entire life of the project and adjusted annually for inflation in an amount equal to the preceding year’s annual increase in the Consumer Price Index.
(3) (a) The developer/permitee shall also furnish satisfactory evidence to the township that the developer/permitee has included in a lease agreement or other agreement with property owner a provision for the decommissioning and removal of the wind turbine generators and restoration of the site at the time when a wind turbine generator no longer has a useful life, has been discontinued, abandoned, and/or upon expiration of this agreement, whichever occurs first.
(b) The developer/permitee shall demonstrate sufficient security by meeting the following requirement:
1. The developer/permitee shall immediately following the first year of operation and every fifth year thereafter, at its own expense, retain an independent engineer acceptable to the township to estimate the cost of decommissioning and removal of the wind turbine generators and restoration of the site. The developer/permitee shall submit such report to the township upon receipt. The developer/permitee shall maintain the security in an amount using the greater of either 50% of the cost of decommissioning the wind turbine generators without regard to salvage value of the wind turbine generators, or the actual cost of decommissioning the wind turbine generators taking into account the salvage value of the wind turbine generators; and
2. The parties agree that the township shall have the right to enter the property to remove the wind turbine generators in the event that the same is not removed in 12 months with the township keeping any salvage value obtained from such removal.
(4) The estimated cost of decommissioning will be updated every fifth year, to take into account inflation or other factors deemed relevant by the independent engineer, and approved by the Township Engineer, including, but not limited to, any increase or decrease of the market value of the structure and its related components being decommissioned and the cost of labor to perform the decommissioning. Any costs of decommissioning, removal and restoration in excess of the decommissioning shall be promptly paid by the developer/permitee to the contractor retained for the removal and restoration.
(H) Building Codes; safety standards. To ensure the integrity of the wind turbine generators, the developer/permitee shall maintain the wind turbine generators in compliance with good utility practice for wind turbine generators. If, upon inspection by the township and/or any other regulatory entity with lawful jurisdiction over the wind farm, the township or such entity provides written notice that any of the wind turbine generators fail to comply with good utility practice or constitutes a danger to persons or property, then the developer/permitee shall immediately commence corrective action for any failure and/or danger, and shall complete corrective action to bring the noncompliant wind turbine generator(s) into compliance with such standards within 60 days of receipt of notice. If the developer/permitee is unable to bring the noncompliant wind turbine generator(s) into compliance with such standards within 60 days of receipt of notice, the developer/permitee shall request an extension from the township, which shall not be unreasonably withheld and which may include reasonable conditions in order for developer/permitee to receive and maintain such extension. Failure to bring such noncompliant wind turbine generator(s) into compliance shall constitute grounds for the township to request removal of said wind turbine generator(s) at the developer/permitee’s expense. The township is authorized to file an action for injunctive relief in the Court of Common Pleas of Somerset County to require the developer/permitee to remove the noncompliant wind turbine generator(s).
(I) State and federal requirements. The wind turbine generators shall meet current standards and regulations, if any, of any other agency of the state or federal government with the authority to regulate wind turbine generators. If such standards and regulations are changed, then the developer/permitee shall bring the wind turbine generators into compliance with such applicable revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency or approved by the township. Failure to bring the wind turbine generators into compliance with such applicable revised standards and regulations shall constitute an event of default. The wind turbine generators shall be marked as required by the Federal Aviation Administration (FAA). A determination of no hazard for each wind turbine generator must be obtained from the FAA as a condition precedent for the installation of each turbine. The developer/permitee shall comply with any and all future state and/or federal regulations which are applicable to wind turbine generators or the wind farm, unless grandfathered.
(J) Design. Each wind turbine generator shall consist of a tubular support, generator, nacelle and three blades. Each wind turbine generators site will have access roads, underground transmission cabling to connect the generators to an electric substation, and underground fiber optic lines. All wind turbine generator sites shall be designed and constructed in such a fashion as to avoid any disruption and/or interference with private wells, springs and/or other water sources. In the event any problems occur with any private water source, which problems are proximately caused by the developer/permitee, the developer/permitee shall immediately supply potable water in such quality and quantity as supplied by the original private water source.
(K) Signs. No advertising material or signage other than warning, equipment information or indicia of ownership shall be allowed on the wind turbine generators. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including weather devices.
(L) Lighting. The wind turbine generators shall not be artificially illuminated except as required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen will seek to minimize the disturbance to the surrounding views.
(M) Aesthetics. The towers and generators of the wind turbine generators shall have a non-reflective, painted steel finish in a neutral color, subject to any applicable standards of the FAA or other regulatory requirements. The blades of the wind turbine generators are not covered by this section.
(N) Stray voltage/electromagnetic fields (EMF). The developer/permitee will utilize good utility practice to minimize, to the extent practicable, the impact, if any, of stray voltage and/or EMF on non-participating property. The developer/permitee expects there will be no stray voltage impacts from the project because such impacts occur only on distribution facilities which are not included in the project.
(Ord. 678, passed 10-20-2010)