Small Wind Energy Systems: Notwithstanding any provision in this chapter to the contrary, small wind energy systems shall be permitted only by special exception from the Zoning Hearing Board in all zoning districts. A building permit shall be required for the installation and/or modifications of all small wind energy systems.

If the applicant is granted a special exception for a small wind energy system, the Township, at any time after the grant of the special exception, may require the applicant to provide a form of surety (i.e., post a bond, letter of credit or establish an escrow account or other as may be approved by the Township Solicitor) if the Township Zoning Officer determines that the small wind energy system is not in compliance with the terms of this chapter and/or any other applicable federal, state or local law/regulation. The enforcement notice provisions of this chapter shall govern any such notice of violation and such notice shall require the applicant, within the time period stated in the notice, to both correct the violation and provide the surety required. Said surety shall be in an amount, as determined by the Township, to cover costs of the removal in the event the Township must remove the facility. The applicant shall submit a fully inclusive estimate of the costs associated with the removal, prepared by a qualified engineer. The amount shall include a mechanism to accommodate the rate of inflation over 15 years. The Township Zoning Hearing Board may also require such security at the time of the approval of the application for special exception.

All small wind energy systems installed prior to the enactment of this Part are exempt from the conditions herein, however any such previously installed small wind energy system shall be subject to the nonconformity provisions of this chapter.

Procedure for Review After Obtaining Special Exception:

Meteorological (Met) Towers. The construction of a met tower for the purpose of collecting data to develop a small wind energy system, shall abide with the following requirements:

Setbacks.

Tower.

Sound Level. The small wind energy system shall not exceed 45 dBA on the A scale and/or 60 dBc on the C scale, except during short-term events such as severe wind storms and utility outages, as measured at the closest property line 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 applicant.

Shadowing/Flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Signs.

Code Compliance. The small wind energy system shall comply with all applicable sections of the Pennsylvania Uniform Construction Code 34 Pa. Code §§ 403.1 - 403.142.

Insurance. There shall be maintained on a small wind energy system a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates shall be made available to Logan Township upon request.

Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration including but not limited to regulations regarding installations close to airports, and the applicable Pennsylvania Aviation regulations. Evidence of compliance or nonapplicability shall be submitted with the application.

Visual Impacts. It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner's access to the wind resources.

Access:

Approved Small Wind Turbines. The manufacturer and model of the Small wind turbine to be used in the proposed small wind energy system must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the state of Pennsylvania, if available.

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the Township Zoning Officer by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Township Zoning Officer. "Physically remove" shall include, but not be limited to:

In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous twelve-month period. After the 12 months of inoperability, the Township Zoning Officer may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Township Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

If the owner fails to respond to the notice of abandonment or if after review by the Township Zoning Officer it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the small wind turbine and tower at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the Township shall have the authority to enter the subject property and physically remove the small wind energy system, in which event, the Township shall, in addition to any and all other remedies it may have available, have the authority to place a municipal lien against the property on which the said small wind energy system was located.