This Part applies to all wind energy facilities proposed to be constructed after the effective date of this Part, except that this Part is not intended to apply to stand-alone wind turbines constructed primarily for residential or farm use.

Wind energy facilities constructed prior to the effective date of this Part shall not be required to meet the requirements of this Part; provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this Part.

No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within Logan Township unless a land development plan has been approved and recorded in accordance with the Township's Subdivision and Land Development Ordinance and zoning and building permits, together with all fees established by the Township for the same including, but not limited to, fees for applications, reviews and inspections, have been issued to the facility owner or operator approving construction of the facility under this Part.

The permit application or amended permit application shall be accompanied with a fee in accordance with the Township's fee schedule.

Any physical modification to an existing and permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a land development plan and/or building permit modification under this Part. Like-kind replacements shall not require a permit modification.

All wind energy facilities shall be reviewed in accordance with the Township's Subdivision and Land Development Ordinance and fees, established by the Township, paid accordingly. In addition to the typical land development requirements, the following information shall be submitted to the Township:

As part of the land development plan review process, the Logan Township Planning Commission will schedule a public meeting to review the plan. The applicant shall participate in the meeting, present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.

Design Safety Certification. The design of the 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 organizations.

Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 - 403.142.

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 wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual Appearance; Power Lines.

Warnings.

Climb Prevention/Locks.

Height. The Height to the wind turbine hub shall not exceed 335 feet.

Geological and Environmental Studies. Prior to obtaining a building permit for any wind energy facility, the facility owner of the proposed wind energy facility, at said facility owner's expense, shall conduct any and all geological and environmental studies and/or obtain any and all necessary permits required by any and all applicable commonwealth and/or federal laws and/or agencies to ensure that said wind energy facilities are appropriate for the proposed building site and said facilities will not adversely impact the environment at and/or around the proposed building site. The facility owner shall submit to the Township, within 10 days of the date of receipt thereof, a copy of the results of any such studies and/or permits and/or comments and/or recommendations from all such agencies and in no case shall any land development plan be approved prior to the Township receiving any and all such copies.

Occupied Buildings.

Property Lines. All wind turbines shall be set back from the nearest property line a distance of 1.5 times the turbine height, whichever is greater. 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 1.5 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.

Wetlands. All wind turbines shall be setback a distance of 500 feet from any wetlands listed on the National Wetland Inventory Map for the Township.

Property owners may waive the setback requirements in § 1408A(2) (Occupied Buildings on Nonparticipating Landowner's property) and § 1408B (Property Lines) by signing a waiver, that sets forth the applicable setback provision(s) and the proposed changes.

The written waiver shall notify the property owner(s) of the setback required by this Part, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this Part.

Any such waiver shall be recorded in the Blair County Recorder of Deeds Office. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

Upon written request, the Logan Township Board of Supervisors may waive the setback requirement for public roads for good cause.

Landowners who execute waiver agreements become participating landowners.

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

Logan Township's engineer or a qualified third party engineer hired by Logan 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.

Logan Township may require bonding of the road/roads by the applicant/owner in compliance with state regulations.

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

Audible sound (noise) and/or vibration carry from one or more wind energy facilities shall not exceed 45 dBA on the A scale and/or 60 dBc on the C scale, as measured at the closest property line of a nonparticipating landowner's property having thereon an occupied building and/or at any point further from such closest property line, using the Township's noise meter and/or noise consultant at the sole cost of the facility owner. If there is a conflict on a reading between the facility owner and the Township, the Township may hire a third-party independent tester, agreed upon and paid for by the facility owner. The time(s) for such testing shall be in accordance with Subsection C of this § 1411. Since at the time of the adoption of this Part, no conclusive maximum noise level exists with regard to vibration carry from such wind turbine(s), an applicant's compliance with this Part's regulations shall not prevent the Township from seeking compliance from said applicant pursuant to any other applicable ordinance and/or commonwealth and/or federal law, including but not limited to, public nuisance laws, should the actual noise/vibration carry adversely affect the health, safety and/or welfare of the citizens as may be determined by a court of competent jurisdiction. For purposes of this Part, noise/vibration carry shall be either an audible sound heard and/or a physical manifestation whereby an individual feels a vibration in or about the body with or without hearing sound as a result of the operation of a wind turbine or group thereof.

The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property unless waived by the affected landowner.

The facility owner of any proposed and/or existing wind energy facility shall, at the sole cost and expense of the facility owner, conduct noise anticipated sound level(s) and projected noise/vibration carry tests. Said tests shall be conducted at such time or times and/or distances (which shall not be less than the property line of the closest nonparticipating landowner) as may be directed by the Township in writing. Such tests shall be required prior to issuance of a building permit for one wind energy facility and/or group thereof consisting of more than one such facility. Such tests shall also be required within 30 days after full operation thereof and at such other reasonable intervals as may be requested by the Township in writing to the facility owner, as set forth in this § 1411. Such testing shall be conducted and written report thereof submitted to the Township, within 10 days of the date of completion of such report, showing that each such wind energy facility and/or group thereof consisting of more than one such facility, will satisfy or currently satisfies the provisions of this Part with conclusions that the noise/vibration carry levels set forth in this section will or are not being exceeded.

In the event that any wind energy facility and/or group thereof consisting of more than one such facility is noncompliant with the noise/vibration carry levels and/or shadow flicker provisions set forth in this Part, the facility owner shall take such corrective action as may be necessary to bring such facility(ies) into compliance with this Part including, but not limited to, cessation of operation of any offending wind energy facility(ies) upon 10 days' written notice from the Township to the facility owner to do so.

Property owners may waive the noise and shadow flicker provisions of this Part by signing a waiver of their rights.

The written waiver shall notify the property owner(s) of the sound or flicker limits in this Part, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Part.

Any such waiver shall be recorded in the Blair County Recorder of Deeds Office. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.

The facility owner and operator shall, at its expense, complete decommissioning of the 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 wind energy facility or individual wind turbines 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, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs").

The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 50% 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 Logan Township. The decommissioning funds shall be posted prior to final plan approval and shall be updated with a new estimate every five years.

If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection A, 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 by Subsection A and H, then Logan Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a developer's agreement shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Logan Township may take such action as necessary to implement the decommissioning plan.

Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Township.

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

The facility owner/operator shall maintain on file with the Township, a phone number and responsible contact person for contact 24 hours a day, seven days a week. If there is a problem, the facility owner/operator shall begin to correct the problem within 24 hours and have it correct within 10 business days from the time the complaint or inquiry was received. If the problem has not been corrected within 10 business days, the Township, may, at its discretion, instruct the facility owner/operator to shut down the affected wind turbine generators until a repair or correction is made to eliminate the problem.

It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Part, or any permit issued under this Part, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Part or any permit issued under this Part.

If Logan Township determines that a violation of this Part or the permit has occurred, Logan Township shall provide written notice to any person, firm, or corporation alleged to be in violation of this Part or permit. If the alleged violation does not pose an immediate threat to public health or safety, Logan Township and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.

If after 30 days from the date of the notice of violation Logan Township determines, in its discretion, that the parties have not resolved the alleged violation, Logan Township may institute civil enforcement proceedings or any other remedy at law, including but not limited to, enforcement proceedings permitted before a district justice pursuant to this Chapter 27, to ensure compliance with this Part and/or the permit.