[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.
(4)
Evidence that the wind energy facility meets all design and installation requirements specified in § 87-25 of this chapter.
(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:
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.
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:
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.
