[Ord. O-11-01, 5/12/2011]
This Part may be referred to as the "Small Wind Energy System
Ordinance."
[Ord. O-11-01, 5/12/2011]
This Part is adopted pursuant to the Township's authority.
[Ord. O-11-01, 5/12/2011]
[Ord. O-11-01, 5/12/2011]
In this Part:
The Penns Valley Code Enforcement Agency.
The Township of Gregg Supervisors.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this Part.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that:
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Ord. O-11-01, 5/12/2011]
1.
A small wind energy system shall be a permitted use in all zones
subject to the following requirements:
A.
Setbacks. A wind tower for a small wind energy system shall be set back a distance consistent with the Gregg Township Zoning Ordinance [Chapter 15] setback requirements. No portion of the wind generator shall extend beyond the setback line, nor into the following:
B.
Access.
(1)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(2)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
C.
Lighting. A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
D.
Appearance, Color, and Finish. The wind generator and the tower shall
remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the zoning approval.
E.
Signs. There shall be no signs or advertising.
F.
Utility Notification and Interconnection. Small wind energy systems
that connect to the electric utility shall comply with the Pennsylvania
PUC net metering rules and interconnection standards and current building
and electrical codes. The Alternative Energy Portfolio Standards (AEPS)
Act of 2004, and as expanded and amended by HB 1203 in 2007 and revised
by the PUC November 29, 2008; 52 Pa. Code, Chapter 75, Subchapter
B, may also apply.
G.
Met Towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
[Ord. O-11-01, 5/12/2011]
1.
Permit. A zoning permit shall be required for the installation of
a small wind energy system.
2.
Documents. The zoning permit application shall be accompanied by
a plot plan which includes the following:
A.
Property lines and physical dimensions of the property.
B.
Location, dimensions, and types of existing major structures on the
property.
C.
Location of the proposed small wind energy system tower.
D.
The right-of-way of any public road that is contiguous with the property.
E.
Any overhead utility lines.
F.
Small wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed).
3.
Fees. The application for a zoning permit for a small wind energy
system must be accompanied by the fee required.
[Ord. O-11-01, 5/12/2011]
1.
A small wind energy system that is out-of-service for a continuous
eighteen-month period will be deemed to have been abandoned.
2.
The administrator may issue a notice of abandonment to the owner
of a small wind energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
3.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
4.
If the owner provides information that demonstrates the small wind
energy system has not been abandoned, the administrator shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
5.
If the administrator determines that the small wind energy system
has been abandoned, the owner of the small wind energy system shall
remove the wind generator from the tower at the owner's sole
expense within six months after the owner receives the notice of abandonment.
[Ord. O-11-01, 5/12/2011]
1.
An owner shall submit an application to the administrator for a zoning
permit for a small wind energy system.
2.
The administrator shall issue a permit or deny the application within one month, as consistent with the Gregg Township Zoning Ordinance [Chapter 15] and the Pennsylvania Municipalities Planning Code, 53 P.S. § 4101 et seq., of the date on which the application is received.
3.
If the application is approved, the administrator will return one
signed copy of the application with the zoning permit and retain the
other copy with the application.
4.
If the application is rejected, the administrator will notify the
applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the administrator's
decision to the Gregg Township Zoning Hearing Board. The applicant
may reapply if the deficiencies specified by the administrator are
resolved.
[Ord. O-11-01, 5/12/2011]
1.
It is unlawful for any person to construct, install, or operate a
small wind energy system that is not in compliance with this Part.
[Ord. O-11-01, 5/12/2011]
1.
This Part shall be administered by the administrator or other official
as designated.
2.
The administrator may enter any property for which a permit has been
issued under this Part to conduct an inspection to determine whether
the conditions stated in the permit have been met.
3.
The administrator may issue orders to abate any violation of this
Part.
4.
The administrator may issue a citation for any violation of this
Part.
5.
The administrator may refer any violation of this Part to legal counsel
for enforcement.
[Ord. O-11-01, 5/12/2011; as amended by A.O.]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2.
Nothing in this section shall be construed to prevent the Board from
using any other lawful means to enforce this Part.
