[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
This Part shall be known as the "Wind Energy Facility Overlay
Zone Ordinance for Logan Township."
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
The purpose of this Part is to provide for the construction
and operation of wind energy facilities in Logan Township.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. This Part applies to all wind energy facilities proposed to be constructed
after the effective date of this Part, except that this Part is not
intended to apply to stand-alone wind turbines constructed primarily
for residential or farm use.
B. Wind energy facilities constructed prior to the effective date of
this Part shall not be required to meet the requirements of this Part;
provided that any physical modification to an existing wind energy
facility that materially alters the size, type and number of wind
turbines or other equipment shall require a permit under this Part.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A wind energy facility shall be considered a permitted use in
the Wind Energy Facility Overlay Zone the location of which is set
forth on the map attached hereto as Exhibit A, which shall overlay,
but not replace the zoning in effect for the area at the time of enactment
of this Part. Any other uses proposed within the overlay zone shall
comply with the existing underlying zoning.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. No wind energy facility, or addition of a wind turbine to an existing
wind energy facility, shall be constructed or located within Logan
Township unless a land development plan has been approved and recorded
in accordance with the Township's Subdivision and Land Development
Ordinance and zoning and building permits, together with all fees
established by the Township for the same including, but not limited
to, fees for applications, reviews and inspections, have been issued
to the facility owner or operator approving construction of the facility
under this Part.
B. The permit application or amended permit application shall be accompanied
with a fee in accordance with the Township's fee schedule.
C. Any physical modification to an existing and permitted wind energy
facility that materially alters the size, type and number of wind
turbines or other equipment shall require a land development plan
and/or building permit modification under this Part. Like-kind replacements
shall not require a permit modification.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. All wind energy facilities shall be reviewed in accordance with the
Township's Subdivision and Land Development Ordinance and fees, established
by the Township, paid accordingly. In addition to the typical land
development requirements, the following information shall be submitted
to the Township:
(1)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the generating capacity
of the wind energy facility; the number, representative types and
height or range of heights of wind turbines to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the wind energy
facility.
(3)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to where
the wind energy facility will be located.
(4)
A plan showing the planned location of each wind turbine, property
lines, setback lines, access road and turnout locations, substation(s),
electrical cabling from the wind energy facility to the substation(s),
ancillary equipment, buildings, and structures, including permanent
meteorological towers, associated transmission lines, and layout of
all structures within the geographical boundaries of any applicable
setback.
(5)
Documents related to decommissioning.
(6)
Any other relevant studies, reports, certifications and approvals
as may be requested by Logan Township to ensure compliance with this
Part.
B. As part of the land development plan review process, the Logan Township
Planning Commission will schedule a public meeting to review the plan.
The applicant shall participate in the meeting, present the project
to the public and municipal officials, and answer questions about
the project. The public shall be afforded an opportunity to ask questions
and provide comment on the proposed project.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. Design Safety Certification. The design of the wind energy facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters' Laboratories, Det Norske Veritas, Germanishcer
Lloyd Wind Energies, or other similar certifying organizations.
B. Uniform Construction Code. To the extent applicable, the wind energy
facility shall comply with the Pennsylvania Uniform Construction Code,
34 Pa. Code §§ 403.1 - 403.142.
C. Controls and Brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
D. Electrical Components. All electrical components of the wind energy
facility shall conform to relevant and applicable local, state and
national codes, and relevant and applicable international standards.
E. Visual Appearance; Power Lines.
(1)
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
(2)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(3)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
Warning, equipment information, and ownership signage may be placed
at the base of each wind turbine.
(4)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
F. Warnings.
(1)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
G. Climb Prevention/Locks.
(1)
Wind turbines shall not be climbable up to 15 feet above ground
surface.
(2)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
H. Height. The Height to the wind turbine hub shall not exceed 335 feet.
I. Geological and Environmental Studies. Prior to obtaining a building
permit for any wind energy facility, the facility owner of the proposed
wind energy facility, at said facility owner's expense, shall conduct
any and all geological and environmental studies and/or obtain any
and all necessary permits required by any and all applicable commonwealth
and/or federal laws and/or agencies to ensure that said wind energy
facilities are appropriate for the proposed building site and said
facilities will not adversely impact the environment at and/or around
the proposed building site. The facility owner shall submit to the
Township, within 10 days of the date of receipt thereof, a copy of
the results of any such studies and/or permits and/or comments and/or
recommendations from all such agencies and in no case shall any land
development plan be approved prior to the Township receiving any and
all such copies.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. Occupied Buildings.
(1)
Wind turbines shall be set back from the nearest occupied building
of a participating landowner, as measured from the center of the wind
turbine base to the nearest point on the foundation of the said occupied
building, and from the property line of a nonparticipating landowner
property NOT having erected thereon an occupied building a distance
of 1.5 times the turbine height.
(2)
Wind turbines shall be set back from the nearest property line
located on a nonparticipating landowner's property having erected
thereon an occupied building a distance of not less than 2,500 feet.
The setback distance shall be measured from the center of the wind
turbine base to the nearest point on the property line.
(3)
Wind turbines shall be set back a minimum of 3,000 feet from
the center of the railroad bed surrounding the Horseshoe Curve National
Historic Landmark. The applicant must also provide computer modeling
verifying/documenting that none of the windmills or accessory structures
will be able to be seen from the grounds of the Horseshoe Curve Visitor
Center or the Observation Area (at the top of the funicular). If post
construction any such wind turbine(s) can be seen from the grounds
of the said Horseshoe Curve Visitor Center or the said Observation
Area, the applicant shall, upon written notice from the Township to
said applicant, dismantle any and all such offending wind turbine(s)
within the time period specified in such written notice.
B. Property Lines. All wind turbines shall be set back from the nearest
property line a distance of 1.5 times the turbine height, whichever
is greater. The setback distance shall be measured to the center of
the wind turbine base.
C. Public Roads. All wind turbines shall be set back from the nearest
public road a distance of not less than 1.5 times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
D. Wetlands. All wind turbines shall be setback a distance of 500 feet
from any wetlands listed on the National Wetland Inventory Map for
the Township.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. Property owners may waive the setback requirements in § 1408A(2)
(Occupied Buildings on Nonparticipating Landowner's property) and
§ 1408B (Property Lines) by signing a waiver, that sets
forth the applicable setback provision(s) and the proposed changes.
B. The written waiver shall notify the property owner(s) of the setback
required by this Part, describe how the proposed wind energy facility
is not in compliance, and state that consent is granted for the wind
energy facility to not be setback as required by this Part.
C. Any such waiver shall be recorded in the Blair County Recorder of
Deeds Office. The waiver shall describe the properties benefited and
burdened, and advise all subsequent purchasers of the burdened property
that the waiver of setback shall run with the land and may forever
burden the subject property.
D. Upon written request, the Logan Township Board of Supervisors may
waive the setback requirement for public roads for good cause.
E. Landowners who execute waiver agreements become participating landowners.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. The applicant shall identify all state and local public roads to
be used within Logan Township to transport equipment and parts for
construction, operation or maintenance of the wind energy facility.
B. Logan Township's engineer or a qualified third party engineer hired
by Logan Township and paid for by the applicant, shall document road
conditions prior to construction. The engineer shall document road
conditions again 30 days after construction is complete or as weather
permits.
C. Logan Township may require bonding of the road/roads by the applicant/owner
in compliance with state regulations.
D. Any road damage caused by the applicant or its contractors shall
be promptly repaired at the applicant's expense.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. Audible sound (noise) and/or vibration carry from one or more wind energy facilities shall not exceed 45 dBA on the A scale and/or 60 dBc on the C scale, as measured at the closest property line of a nonparticipating landowner's property having thereon an occupied building and/or at any point further from such closest property line, using the Township's noise meter and/or noise consultant at the sole cost of the facility owner. If there is a conflict on a reading between the facility owner and the Township, the Township may hire a third-party independent tester, agreed upon and paid for by the facility owner. The time(s) for such testing shall be in accordance with Subsection
C of this § 1411. Since at the time of the adoption of this Part, no conclusive maximum noise level exists with regard to vibration carry from such wind turbine(s), an applicant's compliance with this Part's regulations shall not prevent the Township from seeking compliance from said applicant pursuant to any other applicable ordinance and/or commonwealth and/or federal law, including but not limited to, public nuisance laws, should the actual noise/vibration carry adversely affect the health, safety and/or welfare of the citizens as may be determined by a court of competent jurisdiction. For purposes of this Part, noise/vibration carry shall be either an audible sound heard and/or a physical manifestation whereby an individual feels a vibration in or about the body with or without hearing sound as a result of the operation of a wind turbine or group thereof.
B. The facility owner and operator shall eliminate shadow flicker to
any occupied building on a nonparticipating landowner's property unless
waived by the affected landowner.
C. The facility owner of any proposed and/or existing wind energy facility
shall, at the sole cost and expense of the facility owner, conduct
noise anticipated sound level(s) and projected noise/vibration carry
tests. Said tests shall be conducted at such time or times and/or
distances (which shall not be less than the property line of the closest
nonparticipating landowner) as may be directed by the Township in
writing. Such tests shall be required prior to issuance of a building
permit for one wind energy facility and/or group thereof consisting
of more than one such facility. Such tests shall also be required
within 30 days after full operation thereof and at such other reasonable
intervals as may be requested by the Township in writing to the facility
owner, as set forth in this § 1411. Such testing shall be
conducted and written report thereof submitted to the Township, within
10 days of the date of completion of such report, showing that each
such wind energy facility and/or group thereof consisting of more
than one such facility, will satisfy or currently satisfies the provisions
of this Part with conclusions that the noise/vibration carry levels
set forth in this section will or are not being exceeded.
D. In the event that any wind energy facility and/or group thereof consisting
of more than one such facility is noncompliant with the noise/vibration
carry levels and/or shadow flicker provisions set forth in this Part,
the facility owner shall take such corrective action as may be necessary
to bring such facility(ies) into compliance with this Part including,
but not limited to, cessation of operation of any offending wind energy
facility(ies) upon 10 days' written notice from the Township to the
facility owner to do so.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. Property owners may waive the noise and shadow flicker provisions
of this Part by signing a waiver of their rights.
B. The written waiver shall notify the property owner(s) of the sound
or flicker limits in this Part, describe the impact on the property
owner(s), and state that the consent is granted for the wind energy
facility to not comply with the sound or flicker limit in this Part.
C. Any such waiver shall be recorded in the Blair County Recorder of
Deeds Office. The waiver shall describe the properties benefited and
burdened, and advise all subsequent purchasers of the burdened property
that the waiver of sound or flicker limit shall run with the land
and may forever burden the subject property.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
The applicant shall ensure that there will be no disruption
or loss of radio, telephone, television or similar signals. The facility
owner and/or operator will also utilize windmill industry standards
to eliminate the impact, if any, of stray voltage and/or EMF on adjacent
property.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
There shall be maintained a current general liability policy
covering bodily injury and property damage with limits of at least
$1 million per occurrence and $1 million in the aggregate. Certificates
shall be made available to Logan Township upon request.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. The facility owner and operator shall, at its expense, complete decommissioning
of the wind energy facility, or individual wind turbines, within 12
months after the end of the useful life of the facility or individual
wind turbines. The wind energy facility or individual wind turbines
will presume to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
B. Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
C. Disturbed earth shall be graded and reseeded, unless the landowner
requests in writing that the access roads or other land surface areas
not be restored.
D. An independent and certified professional engineer shall be retained
to estimate the total cost of decommissioning ("decommissioning costs")
without regard to salvage value of the equipment, and the cost of
decommissioning net salvage value of the equipment ("net decommissioning
costs").
E. The facility owner or operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs; provided, that
at no point shall decommissioning funds be less than 50% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or federal or commonwealth chartered lending institution
chosen by the facility owner or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and is approved by Logan Township. The decommissioning
funds shall be posted prior to final plan approval and shall be updated
with a new estimate every five years.
F. If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection
A, then the landowner shall have six months to complete decommissioning.
G. If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by Subsection
A and
H, then Logan Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a developer's agreement shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Logan Township may take such action as necessary to implement the decommissioning plan.
H. Decommissioning Funds may be in the form of a performance bond, surety
bond, letter of credit, corporate guarantee or other form of financial
assurance as may be acceptable to Township.
I. The escrow agent shall release the decommissioning funds when the
facility owner or operator has demonstrated and the municipality concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the municipality in order to implement the decommissioning
plan.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. The facility owner/operator shall maintain on file with the Township,
a phone number and responsible contact person for contact 24 hours
a day, seven days a week. If there is a problem, the facility owner/operator
shall begin to correct the problem within 24 hours and have it correct
within 10 business days from the time the complaint or inquiry was
received. If the problem has not been corrected within 10 business
days, the Township, may, at its discretion, instruct the facility
owner/operator to shut down the affected wind turbine generators until
a repair or correction is made to eliminate the problem.
[Added by Ord. 11-09-06; as amended by Ord. 08-23-07; by
Ord. 07-24-08; and by Ord. 08-27-09]
A. It shall be unlawful for any person, firm, or corporation to violate
or fail to comply with or take any action which is contrary to the
terms of this Part, or any permit issued under this Part, or cause
another to violate or fail to comply, or to take any action which
is contrary to the terms of this Part or any permit issued under this
Part.
B. If Logan Township determines that a violation of this Part or the
permit has occurred, Logan Township shall provide written notice to
any person, firm, or corporation alleged to be in violation of this
Part or permit. If the alleged violation does not pose an immediate
threat to public health or safety, Logan Township and the parties
shall engage in good faith negotiations to resolve the alleged violation.
Such negotiations shall be conducted within 30 days of the notice
of violation.
C. If after 30 days from the date of the notice of violation Logan Township determines, in its discretion, that the parties have not resolved the alleged violation, Logan Township may institute civil enforcement proceedings or any other remedy at law, including but not limited to, enforcement proceedings permitted before a district justice pursuant to this Chapter
27, to ensure compliance with this Part and/or the permit.