[HISTORY: Adopted by the Board of Commissioners of the Township
of Rochester 6-17-2010 by Ord. No. 434. Amendments noted where
applicable.]
The following regulations apply to all wind-energy conversion
systems (WECS), equipment buildings, accessory building and structures.
Accessory WECS use: Accessory WECS for residential and agricultural
purposes must comply with the following requirements:
A.
One wind-energy conversion system WECS is permitted on residential
property.
B.
If the property is in excess of 10 acres in size, is in active agricultural
use, is to provide power or pumping of water for an agricultural use
or structure, and complies with all other criteria established herein,
an application may be made to the Township Zoning Officer for additional
WECS (a maximum of five), depending on acreage, as follows:
|
Number of Acres
|
Number of permitted WECS
| |
|---|---|---|
|
10 to 25
|
2
| |
|
Over 25 to 50
|
3
| |
|
Over 50 to 75
|
4
| |
|
Over 75
|
5
|
C.
The primary purpose of the WECS is to provide power or, in the case
of an active agricultural use, the pumping of water, for the principal
use of the property where the WECS is located and shall not be for
the generation of power for commercial purposes, although this provision
shall not be interpreted to prohibit the sale of excess power generated
from time to time from a WECS designed to meet the energy needs of
the principal use.
D.
WECS shall be located within the rear or side yard area.
E.
The maximum height of the WECS shall be 36 feet. The height shall
be measured from the base of the support structure to the axis of
the shaft that the blades of the WECS revolve on.
F.
The minimum distance between the ground and any part of the rotor
or blade system shall be 15 feet.
G.
All WECS structures shall be self-supporting. No guy wire supported
structures shall be permitted.
I.
To protect the safety and property of persons, the applicant shall submit with his/her application ice throw calculations from a Pennsylvania-registered professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that ice may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated ice throw. This calculation shall not be used to reduce the minimum required setback established in Subsection H herein.
J.
To protect the safety and property of persons, the applicant shall submit with his/her application blade throw calculations from a Pennsylvania-registered professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that a blade may be thrown beyond the property lines of the property on which the WECS is located, or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated blade throw. This calculation shall not be used to reduce the minimum required setback established in Subsection H herein.
K.
WECS shall have a nonreflective, painted steel finish in a neutral
color in order to reduce the visual impact. No WECS shall be artificially
lighted. No signs shall be mounted on the WECS or support structure.
L.
The minimum lot size required for the erection, construction or placement
of a WECS on a property shall be three acres.
Commercial WECS use: Commercial WECS, which are not accessory
to any residential, agricultural, recreational or public use, must
comply with the following requirements:
A.
The applicant shall submit a land development plan and application
with site plan information as required. In addition to the information
required by the Land Development Code,[1] the applicant shall submit the following:
(1)
Specific information on the type, size, height, rotor material, rated
power output, performance, safety, and noise characteristics of each
commercial wind turbine model to be erected and the tower and electrical
transmission equipment.
(2)
Photographs or detailed drawings of each WECS model to be erected,
including the tower and foundation.
(3)
A noise report shall be submitted that provides a map of the project's
noise-producing features, including the range of the noise levels
expected, and the tonal and frequency characteristics expected, and
the basis of those expectations. Decibel levels for the system shall
not exceed the lesser of 60 decibels (dBA), as measured at the property
line of the project site, and 45 decibels (dBA) at any building in
residential or nonresidential use within 1,500 feet of the WECS.
(4)
To protect the safety and property of persons, the applicant shall submit with his/her application ice throw calculations from a Pennsylvania-registered professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that ice may be thrown beyond the property lines of the property on which the WECS is located or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated ice throw. This calculation shall not be used to reduce the minimum required setback established in Subsection B(3) herein.
(5)
To protect the safety and property of persons, the applicant shall submit with his/her application blade throw calculations from a Pennsylvania-registered professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown with the basis of the calculations and assumptions disclosed. Should the calculations project the possibility that a blade may be thrown beyond the property lines of the property on which the WECS is located or that structures exist within the limits of the projected possibility, then the WECS must be relocated to a distance greater than the calculated blade throw. This calculation shall not be used to reduce the minimum required setback established in Subsection B(3) herein.
(6)
A copy of the written notification to the Federal Aviation Administration
and any replies to the notification.
(7)
Utility interconnection data and a copy of a written notification
to the utility of the proposed interconnection.
(8)
The developer/applicant shall utilize good utility practices to minimize,
to the extent practicable, the impact, if any, of stray voltage and/or
EF on adjacent properties. A report addressing these issues shall
be submitted with the application.
(9)
Other information as may be reasonably requested by the Zoning Officer,
Township Engineer, Building Inspector, Planning Commission or Board
of Commissioners.
B.
Height and setback requirements.
(1)
The minimum distance between the ground and any part of the rotor
or blade system shall be 15 feet.
(2)
Wind turbines shall be set back from the nearest occupied building
a distance not less than the normal setback requirements for that
zoning classification or 1.1 times the turbine height, whichever is
greater. The setback distance shall be measured from the center of
the wind turbine base to the nearest point on the foundation of the
occupied building.
(3)
Wind turbines shall be set back from the nearest adjacent property
located on a nonparticipating landowner's property a distance
of not less than five times the hub height, as measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building.
C.
Safety, security, landscaping, lighting regulations and inspections.
(1)
Each WECS shall be equipped with both manual and automatic controls
to limit the rotational speed of the blade within design limits of
the rotor. A manual electrical and/or over speed shutdown disconnect
switches shall be provided and clearly labeled on the wind turbine
structure.
(2)
All wiring between the WECS and the facility substation shall be
underground.
(3)
WECS towers shall not be climbable up to 15 feet above ground level.
(4)
All access doors to the WECS towers and electrical equipment shall
be lockable and shall remain locked at all times when operator personnel
are not present.
(5)
An eight-foot-high chain link fence with a lock gate shall be installed,
maintained, and replaced if necessary around each tower or structure
supporting the WECS, equipment buildings, accessory buildings and
structures to prevent unauthorized access to the facilities.
(6)
WECS shall have a nonreflective, painted steel finish in a neutral
color in order to reduce the visual impact.
(7)
No signs or other advertising material (including flags, decorative
streamers, pennants, ribbons, or similar devices) shall be mounted
on the WECS or support structure.
(8)
No WECS shall be artificially lighted except as provided for and
required by the FAA. When the FAA requires such lighting, no bright
white lights shall be permitted at night, but only red lights as approved
by the FAA. White strobes are permitted only during daylight hours.
(9)
Landscaping shall be required to screen as much of the base of the
WECS, equipment buildings, accessory buildings and structures as possible,
the fence surrounding each structure supporting the WECS, equipment
buildings, accessory buildings or structures and any other ground
level features and in general to soften the appearance of the WECS
site. As part of the conditional use approval, the Board of Commissioners
of Rochester Township may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping.
(a)
An evergreen screen shall be required to surround the site.
The screen can either be a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum of six feet in height at planting
and shall grow to a minimum height of 15 feet at maturity.
(b)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(10)
Access shall be provided to the WECS, equipment buildings, accessory
buildings and structures by means of a public street or easement,
to a public street. The easement shall be a minimum of 30 feet on
width and shall be improved to a width of 14 feet with a dust-free
all-weather surface for its entire length.
(11)
The owner/operator of the WECS shall provide an annual inspection
report to Rochester Township prepared by a registered professional
engineer as to the structural integrity of the WECS, supporting structures
and towers.
(12)
The facility owner and operator shall maintain a phone number
and identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
(13)
The facility owner and operator shall make reasonable efforts
to respond to the public's inquiries and complaints.
(14)
There shall be maintained a current general liability policy
covering bodily injury and property damage with limits of at least
$1,000,000 per person and $5,000,000 per accident. Certificates shall
be made available to Township upon request.
(15)
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.
(16)
To the extent applicable, the wind-energy facility shall comply
with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1
to 403.142.
(17)
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.
(18)
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.
D.
Decommissioning.
(1)
The facility owner and operator shall, at its expense, complete decommissioning
of the WECS within 12 months after the end of the useful life of the
facility or individual WECS. The facility or individual WECS will
be presumed to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of WECS, buildings, cabling,
electrical components, roads, foundations to a depth of 36 inches,
and any other associated facilities.
(3)
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.
(4)
An independent Pennsylvania-registered professional engineer shall
be retained by the facility owner or operator 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). These
estimates shall be submitted to the Township after the first year
of operation and every fifth year thereafter.
(5)
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 110% 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 the Township.
(6)
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 the Township.
(7)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection D(1), then the landowner, if different, shall have six months to complete decommissioning.
(8)
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection D(1) and (7), then the Township may declare the facility owner or operator in default and proceed to collect the financial security. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9)
The financial security may be released when the facility owner or
operator has demonstrated and the Township concurs that decommissioning
has been satisfactorily completed, or upon written approval of the
Township in order to implement the decommissioning plan.
These regulations shall not apply to WECS that meet the following
conditions:
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 the chapter, or any permit issued under the chapter, or cause
another to violate or fail to comply, or to take any action which
is contrary to the terms of the chapter or any permit issued under
the chapter.
B.
If the Township of Rochester determines that a violation of the chapter
or the permit has occurred, the Township of Rochester shall provide
written notice to any person, firm or corporation alleged to be in
violation of this chapter or permit. If the alleged violation does
not pose an immediate threat to public health or safety, the Township
of Rochester 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 the Township
of Rochester determines, in its discretion, that the parties have
not resolved the alleged violation, the Township of Rochester may
institute civil enforcement proceedings or any other remedy at law
to ensure compliance with the chapter or permit.
