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 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 HEIGHT
The distance from the rotor blade at its highest point to
the top surface of the windmill foundation.
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.
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 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 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.
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.