[Adopted 3-13-2012 by Ord. No. 2012-02]
This article is adopted and enacted for the following purposes:
A. To protect and provide for the public health, safety and general
welfare of the citizens of the Township.
B. To provide guidelines for the installation and maintenance of alternative
energy generation systems as accessory structures.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONMENT
The date at which a wind energy system has been out of service
for a continuous period of three months.
TOTAL RATED CAPACITY
The maximum rated output of electric power generation by
the system in kilowatts (kW) as identified by the manufacturer.
USEFUL LIFE OF AN ENERGY SYSTEM
The period in which the system has been designed by the manufacturer
to operate in a safe manner, including the period during which new
parts and refurbishment allow it to continue operating safely.
Any person who violates or permits a violation of this article
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
attorney's fees, incurred by the Township in the enforcement of this
article. 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.