[Added 10-18-2007 by Ord. No. O-07-14]
A grouping of one or more wind turbines known as wind energy facilities shall be permitted as a conditional use in the Agricultural and Rural Residential Zoning Districts under the following regulations:
A. 
Establishment of conditions. The conditional use permit for wind energy facilities shall establish the following prior to approval by Council:
(1) 
The tract(s) of land must meet all eligibility requirements established in § 87-24 of this chapter.
(2) 
The wind energy facility meets all pertinent regulations contained in Chapter 180, Subdivision of Land.
(3) 
The wind energy facility meets all zoning requirements contained in § 87-26 of this chapter and all pertinent regulations contained in Chapter 200, Zoning.
(4) 
Evidence that the wind energy facility meets all design and installation requirements specified in § 87-25 of this chapter.
(5) 
Agreement between the Township and the applicant that the wind turbines will be operated pursuant to § 87-27 and decommissioned pursuant to § 87-28.
(6) 
Type(s), size(s) and number of wind turbines as well as any accessory structures or equipment accompanying the wind turbines.
(7) 
Evidence that the wind energy facilities will meet any other conditions required by Council to protect the health, safety and general welfare of the public.
B. 
Modification of conditional use permit. Once approval for a conditional use permit is granted, the applicant shall abide by all conditions, including everything established in Subsection A above. Modification to the conditions can only be made by applying for a new conditional use permit following all the procedures set forth in this chapter. Any change in relation to the land development and/or subdivision plan can be made following the processes outlined in Chapter 180 of the College Township Code unless they relate to modifications of the conditions established for the conditional use permit as required above.
C. 
Land development and subdivision. Applicants shall submit land development and/or subdivision plans with the conditional use permit application which shall be compliant with all land development/subdivision requirements pursuant to Chapter 180, Subdivision of Land.
D. 
Existing facilities. Wind energy facilities constructed prior to the effective date of this article shall not be required to meet the requirements of this article, provided that 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 conditional use permit pursuant to the regulations contained herein.
A. 
In order for a tract(s) of land to be eligible for a wind energy facility, it must have a minimum lot size derived as follows:
(2 acres x number of wind turbines) + 18 acres = minimum lot size
B. 
The minimum lot size may be broken into multiple tracts, each under separate ownership, if all of the wind turbines are to be owned, operated and maintained by one facility owner.
C. 
The proposed project must have a capacity factor of at least 20% based on current and historical meteorological data.
D. 
Tract(s) of land proposed for a wind energy facility shall be located in either the Rural Residential District or Agricultural Zoning District.
Wind energy facilities shall be designed and installed as follows:
A. 
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999,[1] as amended, and the regulations adopted by the Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
Design safety certification. 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, Germanischer Lloyd Wind Energy, or other similar certifying organization(s).
C. 
Controls and brakes. 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.
D. 
Electrical components. 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.
E. 
Visual appearance; power lines.
(1) 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(2) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3) 
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and/or operator, which shall be limited to no more than two square feet in area each and six square feet in total for each wind turbine.
(4) 
On-site transmission and power lines between wind turbines shall be placed underground.
F. 
Warnings and safety measures.
(1) 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2) 
Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(3) 
Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed at one-hundred-foot intervals and be four feet to six feet high (eye level). Said signs shall be a minimum of one square foot and no larger than two square feet in size and shall have the words "Caution: Falling Objects" printed thereon. In addition, the owner's and/or operator's name and current address shall be printed thereon.
G. 
Climb prevention/locks.
(1) 
Wind turbines shall not be climbable up to 15 feet above ground surface.
(2) 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
H. 
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all wind turbines shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.
A. 
Occupied buildings.
(1) 
Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.5 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.
(2) 
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property not less than the greater of a distance of at least five times the turbine height or 2,500 feet as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
B. 
Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.5 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
C. 
Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.5 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
D. 
Wetlands. All wind turbines shall be set back a distance of 2,000 feet from any wetlands listed on the National Wetland Inventory Map for the Township.
E. 
Important bird areas. All wind turbines shall be set back a distance of 2,000 feet from any important bird areas as identified by the Audubon Pennsylvania.
Upon successful approval of a conditional use permit for wind energy facilities, the site, installation of and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:
A. 
Use of public roads.
(1) 
The applicant shall identify all state and local public roads to be used within College Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2) 
The College Township Engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3) 
The Township may bond the road in compliance with state regulations.
(4) 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5) 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
B. 
Noise.
(1) 
Audible sound from a wind energy facility shall not exceed 45 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.
(2) 
Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from wind turbine Generation Systems, Volume I: First Tier." The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.
(3) 
In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is succeeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected nonparticipating landowners' occupied building(s). Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 miles per hour at the ambient noise measurement location.
(4) 
Any noise level falling between two whole decibels shall be the lower of the two.
C. 
Shadow flicker. The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.
D. 
Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind energy facility. The applicant shall test signal reception at occupied buildings within a one-mile radius of any proposed wind turbine prior to construction. During a time period of 30 days to 60 days post-construction, signal reception shall be tested again at the same buildings tested prior. Any significant signal degradation shall be corrected by the applicant.
E. 
Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate. Certificates shall be made available to College Township upon request.
F. 
Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the public to contact with inquiries and complaints available 24 hours a day, seven days a week throughout the life of the project. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem within 24 hours and have it corrected within 10 business days from the time of the complaint or inquiry was received. If the problem has not been corrected within the 10 business days, the Township may, at its discretion, instruct the facility owner and/or operator to shut down the affected wind turbine until a repair or correction is made to eliminate the problem.
G. 
Waste management. All solid waste, whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner consistent with industry standards. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations.
A. 
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its or their useful life if no electricity is generated for a continuous period of 12 months.
B. 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, access roads, foundations to a depth of 36 inches, and any other associated facilities.
C. 
Disturbed earth shall be graded, reseeded and/or reforested to reclaim the site back to its predevelopment condition, unless the landowner requests in writing and approval granted by College Township Council that the access roads or other land surface areas not be restored.
D. 
An independent and certified professional engineer shall be retained by College Township at the cost of the property 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"). Said estimates shall be submitted to College Township after the first year of operation and every fifth year thereafter.
E. 
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 25% 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 College Township.
F. 
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 College Township.
G. 
If the facility owner or operator fails to complete decommissioning within the period prescribed by § 87-28A, then the landowner shall have six months to complete decommissioning.
H. 
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by § 87-28A and § 87-28G, then College Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to College Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that College Township may take such action as necessary to implement the decommissioning plan at owner, operator and/or landowners expense.
I. 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed or upon written request of the municipality in order to implement the decommissioning plan.
Council may grant the following waivers if requested by the applicant through agreement with property owners:
A. 
Upon written request, the College Township Council may waive the setback requirement for public roads, provided that such waiver will not be contrary to the public interest.
B. 
College Township Council may grant property owners the right to waive the following:
(1) 
Setback requirements in § 87-26A(2) and § 87-26B;
(2) 
Noise provisions set forth in § 87-27B(1) by signing a waiver of their rights;
(3) 
Shadow flicker requirements set forth in § 87-27C; or
(4) 
Any combination of the above three waivable provisions.
C. 
Any waiver between property owners and facility owners/operators shall set forth the new applicable setback, noise and/or shadow flicker requirements.
D. 
The written waiver shall notify the property owner(s) of the setback, noise level or elimination of shadow flicker required by this §§ 87-26A and B and 87-27B(1) and C, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility not to be set back as required by this article, operated under strict adherence to the noise level and/or shadow flicker requirements of this article.
E. 
Any such waiver shall be recorded in the Centre County Recorder of Deeds Office. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
F. 
All property owners entering into agreement with a facility owner or operator in terms of setback distances, noise levels and/or shadow flicker effects shall be considered participating landowners.