[HISTORY: Adopted by the Board of Supervisors
of the Township of Loyalsock 2-24-2009 by Ord. No. 331. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "wind energy facility Ordinance for Loyalsock Township."
The purpose of this chapter is to provide for
the construction and operation of wind energy facilities in Loyalsock
Township, subject to reasonable conditions and information to be provided
by an applicant that will protect the public health, safety and welfare.
A.
These regulations apply to all new wind energy facilities
proposed to be constructed after the effective date of this chapter,
except stand-alone wind turbines constructed as an accessory use to
residential, site specific nonresidential or farm uses. It also applies
to any physical modification to an existing wind energy facility that
materially alters the size, type or number of wind turbines or other
equipment. The construction, replacement or modification to any wind
energy facility will require a permit under this chapter.
B.
Wind energy facilities constructed or permitted prior
to the effective date of this chapter shall not be required to meet
the new requirements of this chapter. Any physical modification to
an existing wind energy facility that materially alters the size,
type, location and/or number of wind turbines or other accessory equipment
shall require a permit under this chapter. Like-kind replacements
and routine maintenance activities are exempt from filing a permit
application.
As used in this chapter, the following terms
shall have the meanings indicated:
The person or entity filing an application under this chapter.
The length measured from the tip of any blade to the hub
of the nacelle.
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
Any landowner except those on whose property all or portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
A landowner upon whose property all or a portion of a wind
energy facility is located pursuant to an agreement with the facility
owner or operator.
A single tower, or multiple towers, situated on a lot to
provide energy from a wind turbine source to an individual home, multifamily
residential use, office or business and industrial and agricultural
uses located on the same lot. The wind energy is not to be provided
to others for sale off site in the power grid. The small wind energy
system may follow the rules of net metering under the state policy.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines, and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
In total a structure for converting wind sources into electricity
through a system using a wind turbine generator that includes the
nacelle, rotor, blades, tower, foundation, and pad transformer with
transmission lines sending the electricity to a power substation.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
A.
A narrative describing the proposed wind energy facility,
including an overview of the project; the project location; the approximate
generating capacity of the wind energy facility; the approximate 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.
B.
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.
C.
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.
D.
A site plan showing the planned location of each wind
turbine, property lines, setback lines, access road(s) 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.
E.
A separate road plan showing the road widths, weight-bearing
capacity and type of road surface of all state, municipal and private
roads to be used by truck and construction equipment traffic to and
from the site. Also, the approximate weight and size of the vehicles
used to construct the wind energy facility and for ongoing facility
maintenance is to be provided. The Township Engineer or a qualified
third party engineer hired by the Township and paid for by the applicant
shall document road conditions prior to construction of the wind energy
facility. The engineer shall document road conditions again 30 days
after construction is complete or as weather permits. The applicant
may voluntarily enter into an agreement with the Township to upgrade
the road to the applicable standards as may be needed during the use
of existing roads. Access through a residential area shall be prohibited
as the sole access.
F.
Documents related to decommissioning.
G.
Other relevant studies, reports, certifications and
approvals as may be reasonably requested by the Township to ensure
compliance with this chapter.
A.
Tower safety. The use shall be in compliance with
the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1
through 403.142. All electrical components shall conform to all relevant
and applicable local, state and national codes, and international
standards. Design of the wind energy facility shall conform to applicable
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 prior to the issuance of the certificate
of occupancy. Clearly visible warning signage concerning voltage must
be placed at the base of all pad-mounted transformers and substations.
Any guy wires to be installed must be clearly marked with flags, reflectors
or other visual materials placed up to 10 feet from ground level.
All access doors to wind towers and electrical equipment shall be
locked or fenced, as appropriate, to prevent entry by unauthorized
persons.
B.
Operations. Operations shall meet all performance
standards of this chapter and all applicable local, state, and federal
regulations. Aircraft signal lighting is not permitted other than
as required by the Federal Aviation Administration (FAA).
C.
Height. The height of the complete structure and accessory
structures are exempt from the height limits found in the Township
Zoning Ordinance.
D.
Setbacks. Wind tower(s) shall be located a minimum
setback distance dependent upon the use of adjacent property as follows:
(1)
Wind towers measured from the tower base shall be
set back 1.5 times the tower height measured from any street right-of-way
lines of any public streets.
(2)
Wind towers measured from the tower base shall be
set back from the nearest occupied building of any use, located on
a participating landowner's property a distance not less than the
dimension of 1.1 times the Township height. Any operator/occupied
buildings used in connection with the development are exempt from
this distance limit.
(3)
Wind towers measured from the tower base shall be
set back from the nearest occupied building of any use, located on
a nonparticipating landowner's property a distance not less than the
dimension of five times the tower height.
(4)
Wind towers measured from the tower base shall be
set back a distance equal to the blade length from the property line
of publicly owned land.
(5)
Wind towers measured from the tower base shall be
set back a distance of 1.5 times the tower height from the nonparticipating
owner property line.
(6)
There is no setback requirement from towers from participating
property owner property lines.
E.
Wind towers shall not be located within any mapped
"Scenic Area" of adopted plan(s) above, or state-designated "natural"
or "wild area."
F.
Signal interference. The applicant shall make reasonable
efforts to avoid and/or mitigate any disruption or loss of radio,
telephone, cellular phone, television or similar signals, and shall
mitigate any harm caused by the wind energy facilities in a timely
manner.
G.
Liability insurance. There shall be maintained a current
general liability policy adjusted annually to the rate of inflation
covering bodily injury property damage, and damage to any public use
areas of land, watershed, or air with minimum limits of at least $1,000,000
per occurrence and $5,000,000 in aggregate. Certificates shall be
submitted to the Township prior to the issuance of the certification
of occupancy.
H.
Agreement with Loyalsock Township. An agreement between
the applicant and Loyalsock Township shall be provided to the Township
with the permit application which shall include but is not limited
to the provision of improvements or funds to alleviate any undue burden
on any public improvements, facilities such as emergency management,
utilities, public water supplies, or services.
I.
Decommissioning. The wind energy facility owner and
operator, their successors or assigns shall, at their expense, initiate
decommissioning of the wind energy facility, or individual wind towers,
as appropriate, following a period of time exceeding one year during
which the energy facility is in a nonoperational status. Decommissioning
will be initiated within one year after the end of the useful life
of the facility or individual tower. A decommissioning plan is a component
part of a decommissioning agreement between the Township and the wind
energy facility owner and operator, successors or assigns. The operator
will maintain sufficient funds to address decommissioning expenses.
The plan will be prepared by the operator and submitted as part of
the zoning permit application and may include provisions for:
(1)
Removal of wind towers and foundation and any other
associated facilities and structures.
(2)
Restoration of all disturbed earth with vegetation.
(3)
Restoration of access roads, unless to remain in use
by the landowner.
(4)
Decommissioning cost estimate. Said estimate is to
be submitted to the Township prior to issuance of the certificate
of occupancy and updated every fifth year thereafter.
(5)
A time line for the operator, facility owner, or landowner
to complete the decommissioning plan.
(6)
Establishment of acceptable security.
(7)
Decommissioning does not need to be initiated, provided
that the operator notifies the Township when the facility or individual
tower(s) is off-line for a period of one year or longer due to technology
and equipment factors, and unforeseen events beyond the control of
the operator, the abandonment period of one year shall be applied
to the facility or individual tower(s) not producing electricity during
the one-year period.
J.
Noise and shadow flicker.
(1)
Audible sound from a wind energy facility shall not
exceed 55 dBA, as measured at the exterior of any occupied building
on a nonparticipating landowner's property. Methods for measuring
and reporting acoustic emissions from wind turbines and the wind energy
facility shall be equal to or exceed the minimum standards for precision
described in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier.
(2)
The facility owner and operator shall make reasonable
efforts to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
K.
Visual appearance; power lines.
(1)
Wind turbines shall be a nonobtrusive color such as
white, off-white, gray or a color approved by the Board of Supervisors.
(2)
Wind energy facilities shall not be artificially lighted,
except to the extent required by the Federal Aviation Administrator
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. Such signs shall not exceed 20 square feet in
area.
(4)
On-site transmission and power lines between wind
turbines shall, to the maximum extent practicable, be placed underground.
L.
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 ten feet from the ground.
N.
The applicant shall be a signatory to the Pennsylvania
Game Commission standard agreement for wind energy facilities at the
time of application.
O.
Permitting procedure. Refer to Township Zoning Ordinance,
§ 215-99, Criteria for review of applications for conditional
use. Also, the applicant shall file and obtain approval of a land
development plan and stormwater management plan from the Township
prior to the issuance of any building or zoning permits.
