[HISTORY: Adopted by the Board of Supervisors of the Township
of Mahoning 12-20-2010. Amendments noted where applicable.]
As used in this chapter, the following terms have the meanings
indicated:
A wind turbine or turbines situated on a lot to provide wind
energy to an individual home, office, business, industry, school,
hospital or agricultural use located on the same lot. The wind energy
generated by such turbine(s) is not to be provided or sold to others
off site in the power grid. All personal wind energy facilities shall
follow the rules of net metering under the state policy.
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.
The distance measured from the surface of the wind tower
foundation to the highest point of the turbine rotor plane.
The Township Zoning Officer shall, or any other duly appointed
agent of Mahoning Township shall, have the power and duty to enforce
the provisions of this chapter.
Personal wind energy facilities may be permitted as an accessory
use in all areas of the Township, but shall be subject to the requirements
outlined below:
A.
Personal wind energy wind turbines shall be set back from all property
lines no less than a distance equal to 1.1 times their height and
shall be set back from any occupied building on a nonparticipating
landowner's property no less than a distance equal to five times
their height.
B.
No personal wind energy turbine shall exceed a maximum of 60 feet
in height.
C.
All such wind turbines shall have a demonstrated survival wind speed
of 140 miles per hour.
E.
To avoid creating safety issues, personal wind energy turbines shall
not be climbable up to 15 feet above ground surface. Further, all
access doors to turbine electrical equipment shall be locked to prevent
entry by unauthorized persons.
F.
All energy generated by the personal wind energy facility shall be
for the use of the permittee; other than sales of energy to the owners
of the power grid servicing the property of the permittee, there shall
be no commercial resale to users off site.
G.
If a personal wind energy wind turbine is unused or generates no
electricity for a period of 12 consecutive months, the Township may
consider the turbine to be at the end of its useful life and may therefore
instruct the Zoning Officer to issue a notice to the property owner
to dismantle or remove the turbine and associated equipment from the
site.
H.
No personal wind energy facility shall be permitted to operate if
its operation creates any signal interference to the satellite, cell
phone, or other electronic device reception or operation on any nonparticipating
landowner's property.
After the effective date of this chapter, no person shall construct,
install, establish or maintain any personal wind energy facility without
first obtaining a permit from the Township.
Any person who violates or permits a violation of any of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine of not less than $500 plus all court
costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be
imposed until the date of the determination of the violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that a violation exists
shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
