Halfmoon Township City Zoning Code

ARTICLE XXIII

Wind Turbine Energy

§ 255-100 Residential wind turbines; utility-scale wind energy facility.

Residential wind turbines shall be a conditional use in all districts and following the procedure set out for conditional uses in Article XIII.

Required primary use. The property on which a residential wind turbine is proposed to be located must have a permitted primary use which would be drawing electricity from said wind turbine(s).

All residential wind turbines shall be designed and installed in accordance with all manufacturer's specifications and design requirements. The applicant is also required to provide an engineering analysis of the proposed tower, showing compliance with applicable International Building Code requirements, and certified by a Pennsylvania-licensed professional engineer. This analysis may be supplied by the manufacturer.

If applicable, prior to all construction, a Halfmoon Township zoning permit and Centre Region Code Administration (CRCA) construction permit and/or electrical permit shall be required.

Required setbacks. All residential wind turbines shall be setback from property lines 1.1 times the turbine height.

Maximum height. The maximum height of all accessory use residential wind turbines shall be no more than 35 feet, regardless of zoning district. If a height of greater than 35 feet is required, applicant shall apply for a conditional use permit, which application would include notification of adjoining property owners of the intent to place a residential wind turbine over 35 feet.

Interference. Residential wind energy system(s) shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem by the Township Zoning Officer.

Appearance. Residential wind energy system(s) shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system placed on it at any time.

Lighting. Residential wind energy system(s) shall not be artificially lit unless such lighting is required by the FAA.

Noise.

Audible sound from a residential wind turbine shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Any noise level falling between two whole decibels shall be the lower of the two.

Shadow flicker. Shadow flicker on adjoining properties shall be minimized to the greatest extent possible by positioning the residential wind turbine(s) on site in a location which would minimize or eliminate the shadow from falling on an adjoining property or at least any occupied building on said property.

Notification.

For residential wind energy systems connected to the electric power grid, no residential wind energy system(s) shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt.

When application is made for approval of a small wind energy system, notice shall be mailed, at the applicant's expense, to the owners of all properties adjacent and within 200 feet of the lot on which the system is to be constructed. A copy of all associated documentation shall be provided to the Township.

Decommissioning.

A residential wind turbine that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned. The CRCA Inspector or Township Zoning Officer may issue a notice of abandonment to the owner of a system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. Notice shall be withdrawn if the owner provides information that demonstrates the system has not been abandoned.

If the residential wind turbine is determined to be abandoned, the owner of a system shall remove the wind turbine and the tower at his or her sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind turbine and/or the tower, the Zoning Officer may pursue a legal action to have the wind turbine and/or tower removed at the owner's expense.

Utility-scale wind energy facility.

Application requirements. The following minimum requirements shall be submitted with any application for a conditional use permit for a utility-scale wind energy facility, including but not be limited to the following:

A narrative describing the proposed commercial wind energy facility, including an overview of the project; the project location; the generating capacity of the utility-scale wind energy facility; the number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, respective manufacturers and specifications; and a description of any/all accessory wind energy facilities, including without limitation the location of high-tension transmission lines that will carry the energy from the facility to the grid.

An affidavit or similar evidence of agreement between the property owner(s) and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for the necessary local permits for construction and operation of a utility-scale wind energy facility.

Identification of the properties on which the proposed utility-scale wind energy facility will be located, and the properties adjacent to where the commercial wind energy facility will be located within 1,000 feet.

Site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the utility-scale wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the proposed layout of all structures.

The developer shall provide Halfmoon Township with a study justifying the need for the wind turbines. The study shall include, but will not be limited to, data showing reasonable average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.

The developer shall prepare and provide documents related to shadow flicker, assuming a worst-case scenario where the wind turbine is in constant operation while the sun is shining, and the wind and the turbine rotor keep tracking the sun by yawing the turbine exactly as the sun moves. The documents shall illustrate the affected properties including any affected occupied buildings, the time of day and time of year properties and all occupied buildings that will be affected, and the total amount of time each occupied structure will be affected by shadow flicker.

Documents related to decommissioning, including a schedule for the decommissioning and financial security.

Other relevant studies, reports, certifications and approvals as may be reasonably requested by Halfmoon Township and the Centre Region Code Administration (CRCA) to ensure compliance with this chapter and any applicable International Building and/or Fire Code requirements.

Utility-scale wind energy facility conditional use permit. A grouping of one or more wind turbines known as a commercial wind energy facility shall be permitted as conditional use in the A-1 Agricultural Zoning District according to the following regulations:

Establishment of conditions. The conditional use permit for utility-scale wind energy facilities shall establish the following prior to approval by the Township Board of Supervisors:

The tract(s) of land must meet all eligibility requirements established in this chapter.

The utility-scale wind energy facility meets all pertinent regulations contained in Chapter 215, Subdivision and Land Development, as amended.

The utility-scale wind energy facility meets all zoning requirements contained in this chapter and all pertinent regulations contained in Chapter 255, Zoning, as amended.

Evidence that the utility-scale wind energy facility meets all design and installation requirements specified in this chapter.

Agreement between the Township and the applicant that the wind turbines will be operated and decommissioned pursuant to this section.

Type(s), size(s) and number of wind turbines as well as any accessory structures or equipment accompanying the wind turbines.

Evidence that the utility-scale wind energy facility will meet any other conditions required by the Board of Supervisors in order to protect the health, safety and general welfare of the public.

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 the Halfmoon Township Code unless they relate to modifications of the conditions established for the conditional use permit.

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 215, Subdivision and Land Development, as amended.

Eligibility requirements. Utility-scale wind energy facilities are permitted on single or multiple tracts each under separate ownership if all of the wind turbines are to be owned, operated and maintained by one facility owner.

Design and installation. Utility-scale wind energy facilities shall be designed and installed as follows:

Uniform Construction Code. To the extent applicable, utility-scale wind energy facilities shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and applicable regulations adopted by the Department of Labor and Industry.

Design safety certification. The design of the utility-scale 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, Germanishcer Lloyd wind energies, or other similar certifying organization(s).

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.

Electrical components. All electrical components of the utility-scale wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual appearance and power lines. Wind turbines shall be a nonobtrusive color such as white, off-white or gray except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.

Utility-scale wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

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.

On-site transmission and power lines between wind turbines shall be placed underground.

Required warnings and safety measures.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

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 surface.

Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

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.

Setbacks.

Occupied buildings.

Wind turbines shall be set back from the nearest occupied building a distance not less than 1.1 times the turbine height. 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.

Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property at least five times the turbine height, or 2,500 feet, whichever distance is greater, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than 1.1 times the turbine height. The setback distance shall be measured to the center of the wind turbine base.

Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 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.

Operational standards. Upon successful approval of a conditional use permit for a utility-scale wind energy facility, the site, installation and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:

Use of public roads.

The applicant shall identify all state and local public roads to be used within Halfmoon Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The Halfmoon 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.

The Township may bond the road in compliance with state and/or Township regulations.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall post surety acceptable to the Township Engineer to demonstrate that it has appropriate financial assurance to ensure the prompt repair of any/all damaged roads.

Noise.

Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.

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." Halfmoon Township 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.

In the event the ambient noise level 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 exceeded 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 mph at the ambient noise measurement location.

Any noise level falling between two whole decibels shall be the lower of the two.

Shadow flicker. The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.

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 utility-scale wind energy facility.

Liability insurance. The applicant shall maintain 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 Halfmoon Township upon request.

Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the Township to contact 24 hours, seven days a week, in emergency situations and for public inquiries and complaints during normal business hours. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem immediately and have it fully resolved/corrected within two weeks, 14 calendar days, from the time the emergency, complaint or inquiry was received. If the problem has not been corrected within the fourteen-calendar-day period, Halfmoon Township may, at its discretion, instruct the facility owner and/or operator to immediately shut down the affected wind turbine until a repair or correction is made to eliminate the problem.

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.

Decommissioning.

The facility owner and operator shall, at its expense, complete decommissioning of the utility-scale 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 utility-scale wind energy facility or individual wind turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

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.

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 is granted by Halfmoon Township that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained by Halfmoon Township at the cost of the operator to estimate the total cost of decommissioning ("decommissioning costs"). Said estimates shall be submitted to Halfmoon Township after the first year of operation and every fifth year thereafter.

The facility owner or operator shall post and maintain decommissioning funds in an amount equal to 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 Halfmoon Township.

Decommissioning funds may be in the form of a performance bond; surety bond or other form of financial assurance as may be acceptable to Halfmoon Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed, then the landowner shall have six months to complete decommissioning.

If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then Halfmoon Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Halfmoon Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Halfmoon Township may take such action as necessary to implement the decommissioning plan at owner's or operator's expense.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and Halfmoon Township concurs that decommissioning has been satisfactorily completed, or upon written request of Halfmoon Township in order to implement the decommissioning plan.

Halfmoon Township City Zoning Code

ARTICLE XXIII

Wind Turbine Energy

§ 255-100 Residential wind turbines; utility-scale wind energy facility.

Residential wind turbines shall be a conditional use in all districts and following the procedure set out for conditional uses in Article XIII.

Required primary use. The property on which a residential wind turbine is proposed to be located must have a permitted primary use which would be drawing electricity from said wind turbine(s).

All residential wind turbines shall be designed and installed in accordance with all manufacturer's specifications and design requirements. The applicant is also required to provide an engineering analysis of the proposed tower, showing compliance with applicable International Building Code requirements, and certified by a Pennsylvania-licensed professional engineer. This analysis may be supplied by the manufacturer.

If applicable, prior to all construction, a Halfmoon Township zoning permit and Centre Region Code Administration (CRCA) construction permit and/or electrical permit shall be required.

Required setbacks. All residential wind turbines shall be setback from property lines 1.1 times the turbine height.

Maximum height. The maximum height of all accessory use residential wind turbines shall be no more than 35 feet, regardless of zoning district. If a height of greater than 35 feet is required, applicant shall apply for a conditional use permit, which application would include notification of adjoining property owners of the intent to place a residential wind turbine over 35 feet.

Interference. Residential wind energy system(s) shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem by the Township Zoning Officer.

Appearance. Residential wind energy system(s) shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system placed on it at any time.

Lighting. Residential wind energy system(s) shall not be artificially lit unless such lighting is required by the FAA.

Noise.

Audible sound from a residential wind turbine shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Any noise level falling between two whole decibels shall be the lower of the two.

Shadow flicker. Shadow flicker on adjoining properties shall be minimized to the greatest extent possible by positioning the residential wind turbine(s) on site in a location which would minimize or eliminate the shadow from falling on an adjoining property or at least any occupied building on said property.

Notification.

For residential wind energy systems connected to the electric power grid, no residential wind energy system(s) shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt.

When application is made for approval of a small wind energy system, notice shall be mailed, at the applicant's expense, to the owners of all properties adjacent and within 200 feet of the lot on which the system is to be constructed. A copy of all associated documentation shall be provided to the Township.

Decommissioning.

A residential wind turbine that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned. The CRCA Inspector or Township Zoning Officer may issue a notice of abandonment to the owner of a system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. Notice shall be withdrawn if the owner provides information that demonstrates the system has not been abandoned.

If the residential wind turbine is determined to be abandoned, the owner of a system shall remove the wind turbine and the tower at his or her sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind turbine and/or the tower, the Zoning Officer may pursue a legal action to have the wind turbine and/or tower removed at the owner's expense.

Utility-scale wind energy facility.

Application requirements. The following minimum requirements shall be submitted with any application for a conditional use permit for a utility-scale wind energy facility, including but not be limited to the following:

A narrative describing the proposed commercial wind energy facility, including an overview of the project; the project location; the generating capacity of the utility-scale wind energy facility; the number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, respective manufacturers and specifications; and a description of any/all accessory wind energy facilities, including without limitation the location of high-tension transmission lines that will carry the energy from the facility to the grid.

An affidavit or similar evidence of agreement between the property owner(s) and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for the necessary local permits for construction and operation of a utility-scale wind energy facility.

Identification of the properties on which the proposed utility-scale wind energy facility will be located, and the properties adjacent to where the commercial wind energy facility will be located within 1,000 feet.

Site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the utility-scale wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the proposed layout of all structures.

The developer shall provide Halfmoon Township with a study justifying the need for the wind turbines. The study shall include, but will not be limited to, data showing reasonable average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.

The developer shall prepare and provide documents related to shadow flicker, assuming a worst-case scenario where the wind turbine is in constant operation while the sun is shining, and the wind and the turbine rotor keep tracking the sun by yawing the turbine exactly as the sun moves. The documents shall illustrate the affected properties including any affected occupied buildings, the time of day and time of year properties and all occupied buildings that will be affected, and the total amount of time each occupied structure will be affected by shadow flicker.

Documents related to decommissioning, including a schedule for the decommissioning and financial security.

Other relevant studies, reports, certifications and approvals as may be reasonably requested by Halfmoon Township and the Centre Region Code Administration (CRCA) to ensure compliance with this chapter and any applicable International Building and/or Fire Code requirements.

Utility-scale wind energy facility conditional use permit. A grouping of one or more wind turbines known as a commercial wind energy facility shall be permitted as conditional use in the A-1 Agricultural Zoning District according to the following regulations:

Establishment of conditions. The conditional use permit for utility-scale wind energy facilities shall establish the following prior to approval by the Township Board of Supervisors:

The tract(s) of land must meet all eligibility requirements established in this chapter.

The utility-scale wind energy facility meets all pertinent regulations contained in Chapter 215, Subdivision and Land Development, as amended.

The utility-scale wind energy facility meets all zoning requirements contained in this chapter and all pertinent regulations contained in Chapter 255, Zoning, as amended.

Evidence that the utility-scale wind energy facility meets all design and installation requirements specified in this chapter.

Agreement between the Township and the applicant that the wind turbines will be operated and decommissioned pursuant to this section.

Type(s), size(s) and number of wind turbines as well as any accessory structures or equipment accompanying the wind turbines.

Evidence that the utility-scale wind energy facility will meet any other conditions required by the Board of Supervisors in order to protect the health, safety and general welfare of the public.

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 the Halfmoon Township Code unless they relate to modifications of the conditions established for the conditional use permit.

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 215, Subdivision and Land Development, as amended.

Eligibility requirements. Utility-scale wind energy facilities are permitted on single or multiple tracts each under separate ownership if all of the wind turbines are to be owned, operated and maintained by one facility owner.

Design and installation. Utility-scale wind energy facilities shall be designed and installed as follows:

Uniform Construction Code. To the extent applicable, utility-scale wind energy facilities shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and applicable regulations adopted by the Department of Labor and Industry.

Design safety certification. The design of the utility-scale 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, Germanishcer Lloyd wind energies, or other similar certifying organization(s).

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.

Electrical components. All electrical components of the utility-scale wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual appearance and power lines. Wind turbines shall be a nonobtrusive color such as white, off-white or gray except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.

Utility-scale wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

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.

On-site transmission and power lines between wind turbines shall be placed underground.

Required warnings and safety measures.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

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 surface.

Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

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.

Setbacks.

Occupied buildings.

Wind turbines shall be set back from the nearest occupied building a distance not less than 1.1 times the turbine height. 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.

Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property at least five times the turbine height, or 2,500 feet, whichever distance is greater, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than 1.1 times the turbine height. The setback distance shall be measured to the center of the wind turbine base.

Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 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.

Operational standards. Upon successful approval of a conditional use permit for a utility-scale wind energy facility, the site, installation and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:

Use of public roads.

The applicant shall identify all state and local public roads to be used within Halfmoon Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The Halfmoon 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.

The Township may bond the road in compliance with state and/or Township regulations.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall post surety acceptable to the Township Engineer to demonstrate that it has appropriate financial assurance to ensure the prompt repair of any/all damaged roads.

Noise.

Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.

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." Halfmoon Township 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.

In the event the ambient noise level 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 exceeded 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 mph at the ambient noise measurement location.

Any noise level falling between two whole decibels shall be the lower of the two.

Shadow flicker. The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.

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 utility-scale wind energy facility.

Liability insurance. The applicant shall maintain 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 Halfmoon Township upon request.

Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the Township to contact 24 hours, seven days a week, in emergency situations and for public inquiries and complaints during normal business hours. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem immediately and have it fully resolved/corrected within two weeks, 14 calendar days, from the time the emergency, complaint or inquiry was received. If the problem has not been corrected within the fourteen-calendar-day period, Halfmoon Township may, at its discretion, instruct the facility owner and/or operator to immediately shut down the affected wind turbine until a repair or correction is made to eliminate the problem.

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.

Decommissioning.

The facility owner and operator shall, at its expense, complete decommissioning of the utility-scale 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 utility-scale wind energy facility or individual wind turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

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.

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 is granted by Halfmoon Township that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained by Halfmoon Township at the cost of the operator to estimate the total cost of decommissioning ("decommissioning costs"). Said estimates shall be submitted to Halfmoon Township after the first year of operation and every fifth year thereafter.

The facility owner or operator shall post and maintain decommissioning funds in an amount equal to 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 Halfmoon Township.

Decommissioning funds may be in the form of a performance bond; surety bond or other form of financial assurance as may be acceptable to Halfmoon Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed, then the landowner shall have six months to complete decommissioning.

If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then Halfmoon Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Halfmoon Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Halfmoon Township may take such action as necessary to implement the decommissioning plan at owner's or operator's expense.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and Halfmoon Township concurs that decommissioning has been satisfactorily completed, or upon written request of Halfmoon Township in order to implement the decommissioning plan.