[Ord. No. 1-2006, 3/14/2006]
1.
The Sugarloaf Township Supervisors make the following findings with
respect to the construction, operation and maintenance of wind turbine
generators:
A.
The construction, maintenance and operation of wind turbine generators
which fail to comply with all criteria and regulations set forth in
the attached Exhibit "A," a copy of which is attached hereto and incorporated
herein by reference,[1] present tangible and immediate dangers to the public and
neighboring landowners in the nature of ejection of projectiles (ice
or injured birds), continuous generation of noise during night time
hours and glare from sunlight continually flashing off of rotating
blades;
[1]
Editor's Note: Said exhibit is on file in the Township office.
B.
The construction, maintenance and operation of wind turbine generators
presents a danger following the useful life of the wind turbine generators
from deteriorating structures if provisions for decommissioning are
not made as required by Exhibit "A";
C.
The construction, maintenance and operation of wind turbine generators
which fail to comply with all criteria and regulations set forth in
the attached Exhibit "A," unreasonably interferes with the reasonable
use, comfort and enjoyment of property in the vicinity and/or endangers
the health, safety and/or welfare of the occupants of the property
in the vicinity and prohibits or denies the property owners and taxpayers
the legitimate enjoyment of their reasonable rights and use of their
property and rights;
D.
The construction, maintenance and operation of wind turbine generators,
which fail to comply with all criteria and regulations set forth in
the attached Exhibit "A," including, but not limited to, the repetitive
noise and glare, visual impacts, flickering reflections, and/or shadows,
constitute an unreasonable use of property which causes injury, damage,
harm, inconvenience, annoyance, and discomfort to the property owners,
and taxpayers in the legitimate enjoyment of their reasonable rights
and use of their property and rights, and constitute a danger to migratory
birds and the watershed.
[Ord. No. 1-2006, 3/14/2006]
The Sugarloaf Township Supervisors hereby declare the construction
and maintenance of wind turbine generators to constitute a nuisance
and offensive business, if not constructed and maintained in accordance
with the criteria and regulations set forth in Exhibit "A," a copy
of which is attached hereto and incorporated herein by reference,[1] subject to prohibition under Section 1529 of the Pennsylvania
Second Class Township Code (53 P.S. § 66529) and provide
for their regulation and permitting under the conditions set forth
below in order to avoid the maintenance of nuisance or offensive businesses
within the geographic limits of sugarloaf Township.
[1]
Editor's Note: Said exhibit is on file in the Township office.
[Ord. No. 1-2006, 3/14/2006]
As used in this Part, the following terms shall have the meanings
indicated:
As referred to in the boundary of the property or lot upon
which the wind turbine generators is to be located.
As prohibited or regulated by this Part, shall mean real
and personal property, which are composed of generators; blades; tower;
base; components of the aforementioned; and appurtenances of the aforementioned
(wind turbine generator, with the term referring to both the singular
and the plural of such structure).
[Ord. No. 1-2006, 3/14/2006]
No wind turbine generators shall be constructed, operated or
maintained within sugarloaf Township without a permit for the same.
Application for permit shall be made on forms provided by the Township.
A separate application shall be filed for each structure.
[Ord. No. 1-2006, 3/14/2006]
A permit fee of $1,500 per proposed megawatt for wind turbine
generators shall be paid at the time the application is submitted.
Fees shall not be returned where an application has been denied. The
Township Supervisors may modify this fee by resolution from time to
time in keeping with the Township's experience with the cost of administering
the provisions of this Part.
[Ord. No. 1-2006, 3/14/2006]
A permit issued shall be valid for a period of 30 years. Any
application for renewal shall satisfy all criteria and regulations
set forth in Exhibit "A."[1]
[1]
Editor's Note: Said exhibit is on file in the Township office.
[Ord. No. 1-2006, 3/14/2006]
The applicant must provide written notice of application to
all property owners and tenants occupying property within 2,000 feet
of the boundaries of the property upon which the wind turbine generators
will be located. Proof of service of such notice by certified mail
or notarized affidavit of hand delivery must be provided with the
application.
[Ord. No. 1-2006, 3/14/2006]
The Township will review the application submitted, and reject
the same if it is incomplete in any respect. In such case, the application
fee shall be retained as compensation for the time spent in review.
If the application is determined to be complete, the Township Secretary
shall place the matter on the agenda for action by the Supervisors
at a public meeting.
[Ord. No. 1-2006, 3/14/2006]
The Supervisors of the Township, with the assistance of such
consultants as they deem appropriate, shall make a determination at
a public meeting as to whether the application submitted meets the
criteria and regulations set forth in this Part and attached Exhibit
"A,"[1] and approve or reject the application based upon that
determination in a public vote.
[1]
Editor's Note: Said exhibit is on file in the Township office.
[Ord. No. 1-2006, 3/14/2006]
No permit for the construction, operation or maintenance of
a wind turbine generator(s) shall be granted unless the applicant
demonstrates compliance in its application with all criteria and regulations
set forth in the attached Exhibit "A."[1] The criteria and regulations, set forth in Exhibit "A,"
are incorporated herein by reference.
[1]
Editor's Note: Said exhibit is on file in the Township office.
[Ord. No. 1-2006, 3/14/2006]
An applicant granted a permit under this Part shall be under
a continuing obligation to meet the performance criteria and regulations
set forth above. The Sugarloaf Township Supervisors hereby declare
that a wind turbine generator(s) which ceases to meet the criteria
and regulations listed above, after construction pursuant to a permit,
shall constitute a nuisance, and following thirty-day notice to the
applicant at the address listed on the application for permit of the
need for abatement, which remains unremedied or unappealed, the Township
may act to remove the structure. Such notice shall be designated as
a notice of violation, and shall be appealable as set forth below.
[Ord. No. 1-2006, 3/14/2006]
No property or block of property upon which a permit has been
granted for the construction, maintenance or operation of a wind turbine
generator(s) shall thereafter be eligible for the issuance of a building
permit within the distance of 2,000 feet from a permitted wind turbine
generator(s), unless the party requesting the building permit shall
have executed a written waiver or nondisturbance easement, covenant
or consent, any of the aforementioned which has been recorded in the
Office of the Recorder of Deeds of Luzerne County, Pennsylvania.
[Ord. No. 1-2006, 3/14/2006]
No property or lot upon which a wind turbine generator has been
located shall be further subdivided where to do so would result in
the setbacks required by this Part and/or as set forth in the permit
not to be met.
[Ord. No. 1-2006, 3/14/2006]
Any person who violates any portion of this Part shall in a
civil enforcement proceeding pay a fine as set by the Township Supervisors,
as provided for in the Second Class Township Code, 53 P.S. § 66601.
This Part is deemed to be an ordinance related to public health and
safety, enacted under authority of the statutes referred to in the
preamble hereto and the Township's general authority to protect public
health and safety and welfare. As such, a penalty of $1,000 shall
be assessed as a civil penalty for any violation hereof. Each day
a violation continues shall be considered a separate and distinct
violation and subject to a separate assessment, until proof of compliance
is provided. Not withstanding any provision of this Part respecting
enforcement, the Township reserves the right to enforce this Part
through an action for injunction in the Court of Common Pleas of Luzerne
County pursuant to 53 P.S. § 66601(c.1)(4).
[Ord. No. 1-2006, 3/14/2006]
Any person aggrieved by any determination or action by the Township
shall have an opportunity to present and explain its position before
the Township Board of Supervisors. Any and all decisions and/or determinations
by the Township Board of Supervisors may be appealed to the Court
of Common Pleas of Luzerne County, and all appeals are de novo. Any
such request to be heard by the Township Board of Supervisors shall
be on forms provided by the Township and shall include a complete
statement of the reasons the person is aggrieved, together with a
written statement of all evidence to be provided to the Township Board
of Supervisors. The factual basis or summary of any expert testimony
that will be presented at such meeting of the Township Board of Supervisors
must also be attached to the form provided by the Township. Failure
to request the opportunity to present evidence to the Township Board
of Supervisors under this section within 30 days from the date of
the determination or action by the Township will result in the waiver
of any right to request an opportunity to present evidence to the
Board of Supervisors and appeal to the Court of Common Pleas. The
person requesting an opportunity to be heard under this section must
provide written notice of the same to all property owners and tenants
occupying property within 2,000 feet of the boundaries of the property
upon which the wind turbine generators will be located. Proof of service
of such notice by certified mail or notarized affidavit of hand delivery
must be provided with the form provided by the Township.
[Ord. No. 1-2006, 3/14/2006]
The appeal shall be accompanied by a fee of $300. Appellants
shall be responsible for all costs of the appeal in excess of $300.
Failure to file a complete appeal, together with all statements, may
result in dismissal of the appeal.
[Ord. No. 1-2006, 3/14/2006]
It is hereby declared to be the intent of the Township that
these regulations be considered nuisance regulations and not building
regulations under the Uniform Construction Code authorized by Act
45 of 1999 implemented by regulations of the Commonwealth of Pennsylvania
Department of Labor and Industry.
[Ord. No. 1-2006, 3/14/2006]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. No. 1-2006, 3/14/2006]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors that this Part would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
[Ord. No. 1-2006, 3/14/2006]
This Part shall become effective immediately or as soon as legally
permissible.
[Ord. No. 1-2006, 3/14/2006]
It is declared that the adoption of this Part and the execution,
acknowledgment and delivery of the documents are necessary for the
protection, benefit and preservation of the health, safety and welfare
of the general public of the municipality.
