[HISTORY: Adopted by the Board of Supervisors of the Township
of Hanover 5-26-2009 by Ord. No. 09-11. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Hanover
Township Small Wind-Energy System Ordinance."
The Township finds that the installation and use of small wind-energy
systems could create safety hazards and public nuisances if not constructed
and operated in a safe and proper manner and, therefore, the regulation
of the installation and operation of the same is warranted.
As used in this chapter, the following terms shall have the
meanings indicated:
A corporation, partnership, municipal authority, or association
as well as a natural person.
A person licensed by the Commonwealth of Pennsylvania to
practice as an engineer.
All equipment, machinery and structures utilized in connection
with the conversion of wind to energy. This includes, but is not limited
to, storage, electrical collection and supply equipment, transformers
and one or more wind turbines or windmills, which have a combined
total rated nameplate capacity of 100 kilowatts (kW) or less.
A.
Applicability. No person shall install, construct, modify or operate
any small wind-energy system without first obtaining from the Township
a permit for its construction or modification.
B.
Permit procedure.
(1)
Where a person proposes to construct, modify or decommission a small
wind-energy system, the person shall make written application to the
Township on forms supplied by the Township. The person shall return
the application forms with engineering plans, soil evaluations and
engineering specifications sufficient to confirm compliance with all
Township regulations and ordinances. Three copies of all documents
shall be provided with the application form and applicable fees.
(2)
Information provided shall include:
(a)
Plot plan of system location.
(b)
Soil evaluation and foundation design for any footer that will
be needed in connection with construction of small wind-energy system
or tower on which the system would be mounted.
(c)
Structural calculations for any structure proposed.
(d)
Electrical and mechanical engineering designs.
(3)
The permit under the provisions of this chapter shall be required
prior to any person constructing or modifying small wind-energy systems.
(4)
The permit application review procedures shall be the procedures
as established for the review and approval or rejection described
in the Township Code for buildings, electrical systems and mechanical
systems. A permit issued pursuant to this chapter does not, however,
substitute for permits needed for buildings, electrical systems and
mechanical systems under other ordinances of the Township.
C.
Certificate of occupancy.
(1)
At the completion of construction and prior to operation, the applicant
shall provide a certification from the installation contractor that
all labor, equipment and material have been provided in accordance
with the approved permit and the engineering drawings and specifications.
(2)
The applicant shall further provide documentation that all Uniform
Construction Code requirements of the Township have been satisfied.
(3)
No small wind-energy system shall be placed into service until the
Township has issued a certificate of occupancy for the completed system.
Small wind-energy systems shall comply with the following regulations:
A.
All small wind-energy systems shall be enclosed by a fence at least
six feet in height, which is located at least five feet from the base
of such small wind-energy system. However, no fence is required for
a monopole structure.
B.
No small wind-energy system, vane, sail or rotor blade to pass within
15 feet of the ground.
C.
All electrical wiring leading from a small wind-energy system shall
be located underground.
D.
No small wind-energy systems shall be permitted within a front yard.
E.
The height of a small wind-energy systems (including highest elevation
of blades) shall not exceed 130 feet.
F.
A small wind-energy system shall be set back from a property line
or aboveground utility line a distance greater than its overall height,
including blades, or the minimum yard requirement, whichever is greater.
It is noted, however, that anchors for guy wires that may be needed
to hold a small wind-energy system tower vertical shall be located
no closer than 10 feet to any property line.
G.
Small wind-energy systems shall comply with Federal Aviation Administration
(FAA) regulations and the design engineer shall certify that the applicant's
proposal will not violate any of these regulations.
H.
If guy wires are utilized to stabilize the location of a small wind-energy
system tower, these guy wires shall be protected and/or labeled in
such a way as to provide "notice" to persons who may be walking, riding
bikes or otherwise passing near the guy wires.
I.
All components of a small wind-energy system shall be designed by
one or more professional engineers and all design drawings and calculations
shall be supplied to the Township as part of the building and electrical
permit application procedure. The design and construction of electrical
generation, storage and supply equipment shall conform to appropriate
provisions of the National Electric Code. The design and construction
of any tower utilized for the purposes of supporting a small wind-energy
system shall be conformed to the appropriate provisions of the International
Building Code Section 1609, as provided for the exception by utilizing
the Structural Code TIA/EIA-222, latest revision as published by the
American National Standard Institute (ANSI). The structural professional
engineer shall be responsible for the study of subsoil and geologic
conditions to provide documented information on which to base the
design of the foundation of the structures proposed. A report of this
soil and geologic information shall be provided as part of the permit
applications. The design of any wind turbine shall address reasonably
foreseeable mechanical and electrical damage to the structure, the
turbine or electrical system of the principal structure due to high
wind, lightning and/or power company outages.
J.
Any tower utilized for the support of a small wind-energy system,
turbine and blade shall be finished and/or painted with a nonreflective
color or finish of natural metal or white, light gray or light blue,
except that blades may be dark gray or black.
K.
Small wind-energy systems shall not be lighted or illuminated in
any way, unless an aircraft warning light is required by FAA regulations.
Documentation of this requirement would need to be provided as part
of the permit application. This prohibition against lighting includes
a prohibition of any lighting that would be directed toward or aimed
at any portion of the structure and/or small wind-energy system.
L.
No portion of the small wind-energy system shall be utilized for
signage or advertising regardless of the zoning district in which
the system is constructed.
M.
The owner of a small wind-energy system shall remove all components
of the system, including the support structure when the system does
not operate, or is not used to generate electricity, for more than
one year, for any reason.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summery proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offence and shall be punishable by a fine of
not less than $300 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.
In addition to the above remedies, the Township may institute in
the name of the municipality any appropriate action or proceeding
to prevent, restrain, correct or abate violations of the provisions
of this chapter.
