[HISTORY: Adopted by the Board of Supervisors of the Township of Hopewell 12-15-2005 by Ord. No. 2-2005. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Windmill Ordinance and/or Wind Energy Development Ordinance."
As used in this chapter, unless the context indicates clearly a different meaning, the following words shall have the meanings set forth below:
FAA
The Federal Aviation Administration.
FINANCIAL ASSURANCE
Reasonable assurance from a creditworthy party, examples of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit.
PRIMARY STRUCTURE
For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. "Primary structure" includes structures such as residences, commercial buildings, schools, hospitals, churches, a public library and day care facilities. "Primary structure" excludes structures such as hunting shed, storage sheds, pool houses, unattached garages and barns.
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional engineer in a state in the United States.
WIND ENERGY APPLICANT
The entity or person who submits to the Township an application for the sighting of any wind energy facilities.
WIND ENERGY FACILITY SITING PERMIT
A construction and operating permit granted in accordance with the provisions of this chapter.
WIND ENERGY OPERATOR
The entity responsible for the day-to-day operation and maintenance of the windmill(s), including any third-party subcontractors.
WIND ENERGY OWNER
The entity or entities with an equity interest in the windmill(s), including their respective successors and assigns. Owner does not mean the property owner from whom the land is leased for locating the windmill(s) i) unless the property owner has an equity interest in the windmill(s); or ii) any person holding a security interest in the windmill(s) solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the windmill(s) at the earliest practicable date.
WIND ENERGY PROJECT
The collection of windmill(s) and substation(s) as specified in the siting approval application pursuant to § 310-6 of this chapter.
WIND ENERGY SUBSTATION
The apparatus that connects the electrical collection system of the windmill(s) and increases the voltage for connection with the utility's transmission lines.
WIND ENERGY TOWER
The support structure to which the nacelle and rotor are attached.
WIND ENERGY TOWER HEIGHT
The distance from the rotor blade at its highest point to the top surface of the windmill foundation.
WIND ENERGY WIND POWER GENERATING FACILITIES (aka "wind energy facilities")
All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, windmill tower, electrical components, windmill foundation, transformer, and electrical cabling from the windmill tower to the substation(s).
WIND TURBINE (aka "windmill")
A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base, and pad transformer, if any; provided that such system shall only be a wind turbine for purposes of this chapter if it both has a total height greater than 170 feet and nameplate capacity of greater than 100 kilowatts.
The requirements of this chapter shall apply to all wind energy facilities proposed after the effective date of this chapter. This chapter governs the siting of all windmill(s) and substations that generate electricity to be sold to wholesale or retail market.
A. 
Wind energy facilities may only be constructed as a conditional use within the areas designated as a Wind Energy Facility Overlay District as depicted on Exhibit A attached hereto and made a part hereof.[1]
[1]
Editor's Note: Said exhibit is available for viewing at the Township office.
B. 
The Wind Energy Facility Overlay District shall become part of the Official Zoning Map for Hopewell Township.[2]
[2]
Editor's Note: Said map is included as an attachment to Ch. 320, Zoning.
C. 
The overlay district must be constant with the findings of the U.S. Geological Survey Mapping Department.
D. 
For further requirements concerning conditional use approval, see §§ 310-7, Conditional use hearing, and 310-8, Design and installation.
No windmill or substation governed by § 310-3 of this chapter shall be constructed, erected, installed, or located within Hopewell Township unless prior siting approval has been obtained for each individual windmill and substation pursuant to this chapter, and said application has been approved as a conditional use under the requirements of Chapter 320, Zoning.
A. 
To obtain siting approval, the applicant must first submit a siting approval application to the Hopewell Township Planning Commission and request a conditional use hearing.
B. 
An application fee as set by the Board of Supervisors must accompany the site approval application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The siting approval application shall contain or be accompanied by the following information:
(1) 
A windmill project summary, including, to the extent available: 1) a general description of the project, including its approximate nameplate generating capacity; the potential equipment manufacturer(s), type(s) of windmill(s), number of windmill(s), and nameplate generating capacity of each windmill, 2) the maximum height of the general location of the project, and 3) a description of the applicant, owner and operator, including their respective business structures;
(2) 
The name(s), address(s), and phone number(s) of the applicant(s), owner and operator, and all property owner(s), if known;
(3) 
A site plan for the installation of windmill(s) showing the planned location of each Windmill tower, guy lines and anchor bases (if any), primary structure(s), property lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), ancillary equipment, third-party transmission lines, and layout of all structures within the geographical boundaries of any applicable setback;
(4) 
All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this chapter; and
(5) 
Any other information normally required by Hopewell Township as part of Chapter 320, Zoning.
D. 
The applicant shall notify Hopewell Township of any changes to the information provided in § 310-6C above that occurs while the siting approval application is pending.
A public hearing on the conditional use application will be scheduled within 45 days of the filing of the application and receipt by Township of all information required hereunder. The Township Supervisors will consider the application of the applicant and receive testimony and recommendations from the Township's Engineer and/or expert advisor at the hearing. Applicant must be prepared to discuss all matters concerning design and installation as well as the substantive matters set forth in §§ 310-8 and 310-9 as hereinafter set forth.
A. 
Design safety certification.
(1) 
All windmills shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Vertas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
(2) 
Following the granting of siting approval under this chapter, a professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the windmill is within accepted professional standards, given local soil and climate conditions.
B. 
Controls and brakes. All windmills shall be equipped with a redundant braking system. This includes both aerodynamic over speed 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 over speed protection.
C. 
Minimum ground clearance. The blade tip of any windmill shall, at its lowest point, have ground clearance of no less than 75 feet.
D. 
Electrical components. All electrical components of the windmill shall conform to applicable local, state and national codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).
E. 
Color. Towers and blades shall be painted white or gray or another nonreflective, unobtrusive color. At the wind energy facility sites, the design of the building and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the windmill(s) to the natural setting and then existing environment. If applicant has selected a color other than white or gray, the Hopewell Township Planning Commission must give approval of the other chosen color.
F. 
Compliance with the federal aviation administration. The applicant for the windmill must comply with all applicable FAA regulations and requirements.
G. 
Advertising. Under no circumstance shall a windmill be used for displaying any advertisement, except for reasonable identification of the manufacturer or operator of the wind energy facility.
H. 
Warnings and safety.
(1) 
A reasonably 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 15 feet from the ground.
(3) 
Electrical controls and control wiring and power-lines shall be wireless or not above ground except where the wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
(4) 
All access doors to the windmill tower and electrical equipment shall be lockable.
I. 
Climb prevention. All windmill towers must be unclimable by design or protected by anticlimbing devises.
J. 
Principal or accessory use. Wind energy facilities may be considered either principal or accessory uses. A difference existing use or an existing structure on the same lot shall not preclude the installation of a wind energy facility or a part of such facility on such lot. Wind energy facilities that are constructed and installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
K. 
Setbacks.
(1) 
All windmill towers shall be set back at least 500 feet from any primary structure. The distance for the above setback shall be measured from the point of the primary structure foundation closest to the windmill tower to the center of the windmill tower foundation. The owner of the Primary structure may waive this setback requirement; but in no case shall a windmill tower be located closer to a primary structure than 1.10 times the windmill tower height.
(2) 
All Windmill Towers shall be set back a distance of at least 1.10 times the Windmill Tower Height from public roads, third party transmission lines, and communication Towers. The County may waive this setback requirement if the waiver is not detrimental to public safety.
(3) 
All windmill towers shall be set back a distance of at least 1.10 times the windmill tower height from adjacent property lines. The affected adjacent property owner may waive this setback requirement.
(4) 
Each windmill tower shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.10 times the windmill tower height, determined from the existing power line or telephone line.
(5) 
The applicant does not need to obtain a variance from Hopewell Township upon waiver by either the county or property owner of any of the above setback requirements. Any waiver of any of the above setback requirements shall run with the land and be recorded as part of the chain of title in the deed of the subject property.
L. 
Compliance with additional regulations. Nothing in this chapter is intended to preempt other applicable state and federal laws and regulations.
M. 
Use of public roads.
(1) 
An applicant, owner, or operator proposing to use any Hopewell Township road or roads for the purpose of transporting a windmill or the substation parts and/or equipment for construction, operation, or maintenance of the windmill(s) or substation(s) shall:
(a) 
Identify all such public roads; and
(b) 
Obtain applicable weight and size permits from relevant governmental agencies prior to construction.
(2) 
To the extent an applicant, owner, or operator must obtain a weight or size permit from Hopewell Township, the applicant, owner, or operator shall:
(a) 
Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and
(b) 
Secure financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to public roads caused by constructing, operating or maintaining the windmill(s).
A. 
Maintenance.
(1) 
The owner or operator of the windmill must submit, on an annual basis, a summary of the operation and maintenance reports to the Hopewell Township Supervisors. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the Hopewell Township Supervisors reasonably request.
(2) 
Any physical modification to the windmill that alters the mechanical load, mechanical load path, or major electrical components shall require recertification under § 310-8A(1) of this chapter. Like-kind replacements shall not require recertification. Prior to making any physical modification (other than a like-kind replacement), the owner or operator shall confer with a relevant third party certifying entity identified in § 310-8A(1) of this chapter to determine whether the physical modification requires recertification.
B. 
Interference.
(1) 
The applicant shall provide the applicable microwave transmission providers and local emergency service providers (911 operators) copies of the project summary and site plan, as set forth in § 310-6C(1) and (3) of this chapter. To the extent that the above providers demonstrate a likelihood of interference with its communications resulting from the windmill(s), the applicant shall take reasonable measures to mitigate such anticipated interference. If, after construction of the windmill, the owner or operator receives a written complaint related to the above-mentioned interference, the owner or operator shall take reasonable steps to respond to the complaint.
(2) 
If, after construction of the windmill, the owner or operator receives a written complaint related to interference with local broadcast residential television, the owner or operator shall take reasonable steps to respond to the complaint.
C. 
Coordination with local fire department.
(1) 
The applicant, owner or operator shall submit to the local fire department a copy of the site plan.
(2) 
Upon request by the local fire department, the owner or operator shall cooperate with the local fire department to develop the fire department's emergency response plan.
(3) 
Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.
(4) 
Upon request by the local fire department, the owner or operator shall on a yearly basis, participate in high angle rescue using a windmill tower.
D. 
Materials handling, storage and disposal.
(1) 
All solid wastes related to the construction, operation and maintenance of the windmill shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.
(2) 
All hazardous materials related to the construction, operation and maintenance of the windmill shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.
A. 
Audible noise due to wind energy facility operations shall not exceed 50 dBA for any period of time, when measured at any primary structure existing on the date of approval of any wind energy facility siting permit.
B. 
In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set for in § 310-10A above shall be reduced by five dBA. A "pure tone" is defined to exist if the 1/3 octave bank sound pressure level in the bank, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
C. 
In the event 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 existing primary structures. 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 mph at the ambient noise measurement location.
D. 
Any noise level falling between two whole decibels shall be the lower of the two.
E. 
In the event the noise levels resulting from the wind energy facility exceed the criteria listed above, a waiver to said levels may be granted by the Hopewell Township Supervisors provided that the following have been accomplished:
(1) 
Written consent from the affected property owners has been obtained stating that they are aware of the wind energy facility and the noise limitations imposed by this chapter, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and
(2) 
If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent noise impact easement must be recorded in the office of the Recorder of Deeds of Washington County, Pennsylvania, which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this chapter may exist on or at the burdened property.
A qualified professional, such as an ornithologist or wildlife biologist, shall conduct an avian habitat study as part of the siting approval application process to determine if the installation of the windmill(s) will have a substantial adverse impact on birds.
Nothing in this chapter is meant to augment or diminish existing opportunities for public participation. Public hearings on the conditional use application will be held prior to the approval of any windmill/wind energy facility development.
The owner or operator of the windmill(s) shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate.
Prior to receiving site approval under this chapter, the applicant, owner, and/or operator must formulate a decommissioning plan to ensure that the windmill project is properly decommissioned. The decommissioning plan shall include:
A. 
Provision describing the triggering events for decommissioning the windmill project;
B. 
Provisions for the removal of structures, debris and cabling, including hose below the soil surface;
C. 
Provisions for the restoration of the soil and vegetations;
D. 
An estimate or the decommissioning costs certified by a professional engineer;
E. 
Financial assurance, secured by owner/operator, for the purpose of adequately performing the decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning costs;
F. 
Identification of and procedures for Hopewell Township access to financial assurance;
G. 
A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs.
A windmill or windmills which are not used for 12 consecutive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the owner.
A. 
The applicant's, owner's, or operator's failure to materially comply with any of the above provisions shall constitute a default under this chapter.
B. 
The Township shall first provide written notice to the owner or operator setting forth the alleged default or defaults. Such written notice shall provide the owner or operator a reasonable time period, not to exceed 60 days, for good-faith negotiations to resolve the alleged default or defaults.
C. 
If the Township determines in its discretion that the parties cannot resolve the alleged default or defaults within the good-faith negotiation period, then the Township shall proceed to the Washington County Court of Common Pleas for injunctive relief and all building and zoning certificates will be revoked.
This chapter is enacted under the authority of the Second Class Township Code for the Commonwealth of Pennsylvania.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.