[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 5-24-2006 by Ord. No.
2006-02. Amendments noted where applicable.]
The Blair Township Supervisors make the following findings with
respect to the construction, operation and maintenance of wind turbine
generators:
A.
The construction, maintenance and operation of wind turbine generators
which fail to comply with all criteria and regulations set forth in
the attached Exhibit A,[1] a copy of which is attached hereto and incorporated herein
by reference, present tangible and immediate dangers to the public
and neighboring landowners in the nature of ejection of projectiles
(ice or injured birds), continuous generation of noise during nighttime
hours and glare from sunlight continually flashing off of rotating
blades;
[1]
Editor's Note: Said exhibit is included as an attachment to
this chapter.
B.
The construction, maintenance and operation of wind turbine generators
presents a danger following the useful life of the wind turbine generators
from deteriorating structures if provisions for decommissioning are
not made as required by Exhibit A;
C.
The construction, maintenance and operation of wind turbine generators
which fail to comply with all criteria and regulations set forth in
the attached Exhibit A unreasonably interferes with the reasonable
use, comfort and enjoyment of property in the vicinity and/or endangers
the health, safety and/or welfare of the occupants of the property
in the vicinity, and prohibits or denies the property owners and taxpayers
the legitimate enjoyment of their reasonable rights and use of their
property and rights;
D.
The construction, maintenance and operation of wind turbine generators,
which fail to comply with all criteria and regulations set forth in
the attached Exhibit A, including, but not limited to, the repetitive
noise and glare, visual impacts, flickering reflections and/or shadows,
constitute an unreasonable use of property which causes injury, damage,
harm, inconvenience, annoyance, and discomfort to the property owners
and taxpayers in the legitimate enjoyment of their reasonable rights
and use of their property and rights, and constitute a danger to migratory
birds and the watershed.
The Blair Township Supervisors hereby declare the construction
and maintenance of wind turbine generators to constitute a nuisance
and offensive business if not constructed and maintained in accordance
with the criteria and regulations set forth in Exhibit A, a copy of
which is attached hereto and incorporated herein by reference, subject
to prohibition under Section 1529 of the Pennsylvania Second Class
Township Code (53 P.S. § 66529) and provide for their regulation
and permitting under the conditions set forth below in order to avoid
the maintenance of nuisance or offensive businesses within the geographic
limits of Blair Township.
As used in this chapter, the following terms shall have the
meanings indicated:
As referred to in the boundary of the property or lot upon
which the wind turbine generators is to be located.
As prohibited or regulated by this chapter, shall mean real
and personal property, which are composed of generators, blades, tower,
base, components of the aforementioned and appurtenances of the aforementioned
("wind turbine generator" with the term referring to both the singular
and the plural of such structure).
No wind turbine generators shall be constructed, operated or maintained within Blair Township without a permit for the same. Application for permit shall be made on forms provided by the Township. A separate application shall be filed for each structure. In addition, permittee shall be subject to Chapter 350, Subdivision and Land Development, of the Township of Blair and shall file an appropriate application in connection with that chapter as well.
A permit fee of $1,500 per proposed megawatt for wind turbine
generators shall be paid at the time the application is submitted.
Fees shall not be returned where an application has been denied. The
Township Supervisors may modify this fee by resolution from time to
time in keeping with the Township's experience with the cost
of administering the provisions of this chapter.
A permit issued shall be valid for a period of 30 years. Any
application for renewal shall satisfy all criteria and regulations
set forth in Exhibit A.[1]
[1]
Editor's Note: Said exhibit is included as an attachment to
this chapter.
The applicant must provide written notice of application to
all property owners and tenants occupying property within 2,000 feet
of the boundaries of the property upon which the wind turbine generators
will be located. Proof of service of such notice by certified mail
or notarized affidavit of hand delivery must be provided with the
application.
The Township will review the application submitted, and reject
the same if it is incomplete in any respect. In such case, the application
fee shall be retained as compensation for the time spent in review.
If the application is determined to be complete, the Township Secretary
shall place the matter on the agenda for action by the Supervisors
at a public meeting.
The Supervisors of the Township, with the assistance of such
consultants as they deem appropriate, shall make a determination at
a public meeting as to whether the application submitted meets the
criteria and regulations set forth in this chapter and the attached
Exhibit A, and approve or reject the application based upon that determination
in a public vote.
No permit for the construction, operation or maintenance of
a wind turbine generator(s) shall be granted unless the applicant
demonstrates compliance in its application with all criteria and regulations
set forth in the attached Exhibit A. The criteria and regulations,
set forth in Exhibit A, are incorporated herein by reference.
An applicant granted a permit under this chapter shall be under
a continuing obligation to meet the performance criteria and regulations
set forth above. The Blair Township Supervisors hereby declare that
a wind turbine generator(s) which ceases to meet the criteria and
regulations listed above after construction pursuant to a permit,
shall constitute a nuisance, and following a thirty-day notice to
the applicant at the address listed on the application for permit
of the need for abatement, which remains unremedied or unappealed,
the Township may act to remove the structure. Such notice shall be
designated as a notice of violation, and shall be appealable as set
forth below.
No property or block of property upon which a permit has been
granted for the construction, maintenance or operation of a wind turbine
generator(s) shall thereafter be eligible for the issuance of a building
permit within the distance of 2,000 feet from a permitted wind turbine
generator(s) unless the party requesting the building permit shall
have executed a written waiver or nondisturbance easement, covenant,
consent or any of the aforementioned which has been recorded in the
office of the Recorder of Deeds of Blair County, Pennsylvania.
No property or lot upon which a wind turbine generator has been
located shall be further subdivided where to do so would result in
the setbacks required by this chapter and/or as set forth in the permit
not to be met.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ 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 Magisterial District Judge.
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 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.
A.
Any person aggrieved by any determination or action by the Township
shall have an opportunity to present and explain its position before
the Township Board of Supervisors. Any and all decisions and/or determinations
by the Township Board of Supervisors may be appealed to the Court
of Common Pleas of Blair County, and all appeals are de novo. Any
such request to be heard by the Township Board of Supervisors shall
be on forms provided by the Township and shall include a complete
statement of the reasons the person is aggrieved together with a written
statement of all evidence to be provided to the Township Board of
Supervisors. The factual basis or summary of any expert testimony
that will be presented at such meeting of the Township Board of Supervisors
must also be attached to the form provided by the Township. Failure
to request the opportunity to present evidence to the Township Board
of Supervisors under this subsection within 30 days from the date
of the determination or action by the Township will result in the
waiver of any right to request an opportunity to present evidence
to the Board of Supervisors and appeal to the Court of Common Pleas.
The person requesting an opportunity to be heard under this subsection
must provide written notice of the same to all property owners and
tenants occupying property within 2,000 feet of the boundaries of
the property upon which the wind turbine generators will be located.
Proof of service of such notice by certified mail or notarized affidavit
of hand delivery must be included with the form provided by the Township.
B.
The appeal shall be accompanied by a fee of $300. Appellant shall
be responsible for all costs of the appeal in excess of $300. Failure
to file a complete appeal, together with all statements, may result
in dismissal of the appeal.
It is hereby declared to be the intent of the Township that
these regulations be considered nuisance regulations and not building
regulations under the Uniform Construction Code, authorized by Act
45 of 1999,[1] implemented by regulations of the Commonwealth of Pennsylvania
Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
