(A) Use regulations. No MET tower may be constructed within Northampton County except by a special use permit within the Agricultural/Rural Business District (A/RB) issued pursuant to this section.
(B) Maximum period of special use permit. As a MET tower is intended to be a temporary structure, no special use permit shall be issued for a period that exceeds 24 months.
(C) Procedure. In addition to the application materials required under § 154.2.042(B)(1)(a), the following materials must be submitted:
(1) Engineering specifications of the MET tower to be installed.
(2) Drawing showing the vertical dimensions of the MET tower.
(3) Drawing showing the location of all structures, residences, forested areas, wetlands and waterways within 500 feet of the property line where the MET tower will be located.
(D) Performance standards:
(1) The maximum height of the MET tower from the ground level to the top of the tower (including instrumentation) shall not exceed 199 feet.
(2) A MET tower shall not have any more electricity-generating capacity than is necessary to sustain its use and data transmission operations.
(3) The minimum setback for a Met tower is three times the maximum height (as defined in (D) (1) above) from the nearest property boundary line and/or utility line.
(4) No lighting other than that required by FAA regulation shall be permitted to be located on the MET tower. Throughout the life of the MET tower, compliance is required with all current FAA regulations within six months of promulgation, or sooner if required by the FAA.
(5) Signs on the MET tower shall be limited to those needed to warn of any danger.
(6) MET towers shall be located in a manner that minimizes land clearing and/or fragmentation of forested areas.
(7) MET towers shall be maintained in good condition and shall have the structure inspected by a professional engineer at least once every 12 months. The results of the facility inspection shall be submitted to the Zoning Administrator within 30 days of the inspection report's receipt by the applicant or facility owner. Ongoing maintenance shall include, but not be limited to, painting, structural integrity of the foundation, all equipment and support structures and security barriers (if applicable), and landscaping if present.
(8) Notice shall be provided to the Zoning Administrator within 30 days of any change in ownership of the facility.
(9) In the event that guy wires are utilized, bird flight diverters shall be placed at spaced intervals along the length of multiple wires in a manner designed to minimize bird impacts.
(10) One acoustic bat detector (ABD) shall be placed on the MET tower at least 30 meters above the ground, and one ABD shall be placed on the MET tower between one and one-half meters and three meters above the ground.
(E) Abandonment, discontinuation of use or expiration of special use permit. Within 90 days of abandonment, discontinuation of use or expiration of the special use permit, the applicant or his/her successor (and if neither is available, then the property owner) shall physically remove the MET tower and all associated equipment, machinery, etc. from the site, properly dispose of any solid or hazardous waste materials in accordance with state and federal regulations, and restore the location to its natural condition prior to the project installation.
(F) Enforcement. If the MET tower is not removed in accordance with subsection (E) above, the Board of Supervisors may authorize the Zoning Administrator to enter the site and procure removal of the MET tower. The applicant must post a form of surety prior to construction in the amount necessary for the removal of the structure in accordance with subsection (E) above. The surety, in the form of bond, letter of credit, or escrow account, must be submitted to the Zoning Administrator and shall be fully inclusive of the costs associated with MET tower removal.
(Ord. passed 4-12-2016)