[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 7-12-2016 by Ord. No.
1938. Amendments noted where applicable.]
This chapter shall be known as the "Wind Energy Facility Ordinance
for Shaler Township."
The purpose of this chapter is to provide for the construction
and operation of wind energy facilities in Shaler Township, subject
to reasonable conditions that will protect the public health, safety
and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
The person or entity filing an application under this chapter.
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.
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.
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.
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.
This chapter applies to all wind energy facilities proposed to be
constructed after the effective date of this chapter, including small
wind energy systems for the purpose of serving commercial buildings
on site and stand-alone wind turbines constructed primarily for commercial
use.
B.
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 chapter.
A.
Small wind energy systems for the purpose of serving commercial buildings
on site shall be permitted as an accessory use in the Route 8 and
Route 28 Corridor Overlay Districts subject to the requirements of
this section.
B.
Plan. The structure employed shall be subject to plan approval by
the Shaler Township Board of Commissioners. Any modification or substantial
change in size or design of the structure shall require further plan
review and approval. The site plan and any subsequent modifications
shall be drawn to be an appropriate scale and shall provide construction
details and show the location of all existing public roads, existing
structures, utility line and all structures, facilities and power
lines to be constructed on the site, as well as identifying adjoining
property owners, and the location of any structures on adjoining properties
within 100 feet of the common property lines.
C.
Compliance with Uniform Construction Code. Permit applications for
wind systems shall be accompanied by standard drawings of the wind
turbine structure, including the tower, base and footings. An engineering
analysis of the tower showing compliance with the Uniform Construction
Code and certified by a licensed professional engineer shall also
be submitted for Township approval.
D.
Approved wind turbines. Wind turbines must be approved under an emerging
technology program such as the California Energy Commission, IEC,
or other small wind certification program recognized by the American
Wind Energy Association (AWEA) or the U.S. Department of Energy.
E.
Compliance with FAA regulations. Wind energy systems must comply
with applicable FAA regulations, including any necessary approvals
for installations close to airports.
F.
Compliance with National Electric Code. Permit applications for wind
energy systems shall be accompanied by a line drawing of the electrical
components in sufficient detail to allow for a determination that
the manner of the installation conforms to the National Electrical
Code, the Uniform Construction Code.
G.
Utility notification. No wind energy system shall be installed until
evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator.
H.
Towers. Small wind energy systems shall be roof mounted, cannot be
higher than 45 feet above the ground to the highest point of the rotor
or blade, and must be surrounded by a six-foot fence. The maximum
rotor diameter for a small turbine shall be six feet.
I.
Setback. No part of the small wind energy system structure, including
any guide wire anchors, may extend closer than 40 feet to the property
boundaries of the installation site. Small wind energy towers shall
be set back a distance equal to 1 1/2 times the total height
of the turbine from all inhabited off-site structures, overhead utility
lines, public roads, and rights-of-way. Other facilities must follow
generally applicable setbacks within the particular zoning district.
J.
No more than one wind turbine shall be located upon a property or
serve a single structure.
K.
Clearance of the blade. No portion of the small energy wind system
shall extend within 20 feet of the ground. No blades shall extend
over parking areas, driveways or sidewalks.
L.
Automatic overspeed controls. All wind energy conversion systems
shall be equipped with manual (electronic or mechanical) and automatic
overspeed controls to limit the blade rotation speed to within the
design limits of the wind energy system.
M.
Sound. Noise from small wind energy systems shall not exceed 50db
as measured at the closest neighboring inhabited dwelling or 10db
above ambient noise in any one hour, whichever is higher. The level,
however, may be exceeded during short-term events such as utility
outages and/or severe wind storms.
N.
Lighting. No tower shall be permitted that requires any form of lighting
or illumination under federal, state, or local laws.
O.
Wiring. All wiring from the tower to the structure must be installed
underground.
P.
Appearance. The small wind energy system shall have a flat finish
as applied by the manufacturer and must be neutral in color, with
the objective being to have it appear as inconspicuous as possible.
No signage or advertising of any kind shall be applied to the tower
or any component of the wind energy system.
Q.
Insurance. Prior to the issuance of a permit for the installation
of a small wind energy system, the applicant shall provide evidence
of homeowners' insurance in sufficient amounts, but no less than
$1,000,000, that covers damages to person or property resulting from
the installation and operation of the small wind energy system, which
the applicant agrees to maintain so long as the system remains in
question. In addition, the applicant shall provide the Township with
an agreement acceptable to the Township Solicitor agreeing to release,
hold harmless, and indemnify the Township from all claims, lawsuits,
and liabilities of any kind or type whatsoever arising from the construction,
use, or operation of the wind energy system.
R.
Removal. Any time a small wind energy system becomes inoperable and
is not put back into service within six months after receiving written
notification from the Township Code Enforcement Officer, the applicant
must remove the turbine, tower, and all related facilities at the
applicant's sole cost and expense.
S.
Miscellaneous. The property owner shall construct and maintain the
small wind energy system, tower, and turbine included in a safe and
neat condition so as not to present a danger or an unsightly appearance
to neighbors. Any property owner receiving site plan approval shall
allow annual inspections by the Township Building Inspector or Township
Engineer of the small wind energy system and will be required to provide,
at the property owner's expense, a verified report of a qualified
engineer as to the structural integrity of the system, including turbine,
tower, and related assembly. Failure to provide an annual report from
a qualified engineer within 60 days of written notice from the Township
shall result in the termination of the authorization to maintain the
small wind energy system and may subject the property owner to an
order for immediate removal of the tower.
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 chapter, or any permit issued under this chapter, or
cause another to violate or fail to comply, or to take any action
which is contrary to the terms of this chapter or any permit issued
under this chapter.
B.
If the Township of Shaler determines that a violation of this chapter
or the permit has occurred, the Township shall provide written notice
to any person, firm, or corporation alleged to be in violation of
this chapter or permit.
C.
Anyone violating this chapter shall be guilty of a summary offense
and, upon conviction, shall be subject to a fine of not more than
$600 for each violation and the costs of prosecution, and upon default
in payment, may be committed to imprisonment for a period not exceeding
90 days. Each day a violation continues shall constitute a separate
offense.
