Patton Township City Zoning Code
ARTICLE XI
Wind Energy Facilities
§ 425-53 Wind energy facilities.
A.
Intent. The intent of these regulations is to provide for the construction and operation of wind energy facilities in Patton Township, subject to reasonable conditions that will protect the public health, safety and welfare.
B.
Scope. These regulations apply to all wind energy facilities proposed to be constructed after the effective date of these regulations. Wind energy facilities constructed prior to the effective date of these regulations shall not be required to meet the requirements of these regulations, 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 these regulations.
C. AMBIENT NOISE LEVEL BLADE CLEARANCE COMMERCIAL WIND ENERGY FACILITY (CWEF) DECIBEL (dB) FACILITY OWNER FAIL-SAFE MODE KILOWATT (kW) LANDOWNER, NONPARTICIPATING LANDOWNER, PARTICIPATING METEOROLOGICAL TOWER (often referred to as a "met tower") NACELLE OCCUPIED BUILDING OPERATOR RESIDENTIAL WIND ENERGY FACILITY (RWEF) (often referred to as "small wind") ROTOR SHADOW FLICKER STALL TURBINE HEIGHT VERTICAL AXIS WIND TURBINE (VAWT) WIND ENERGY FACILITY ACCESSORY FACILITIES WIND TURBINE YAWING
Definitions. The definitions set forth below shall be applicable to this article:
Sometimes referred to as "background noise," is the existing or inherent sound level of an area at any given time as produced by existing sources, normally specified as a reference level for determining intrusive sound levels introduced by new sources.
Required minimum distance between the lowest point of a rotor blade and the ground surface below it.
An electric generation facility consisting of one or more wind turbines with a combined rated capacity exceeding 100 kW, the main purpose of which is to supply electricity for offsite use. This term shall include all other related accessory structures and buildings serving the primary intention of the producing and transmitting of electricity off site. The term does not include wind turbines constructed primarily for residential use on site as a permitted accessory use.
A unit of sound level which is a division of a logarithmic scale used to express the ratio of the sound pressure of the source to the pressure of an arbitrarily chosen reference pressure; the ratio is expressed on the decibel scale by multiplying its base 10 logarithm by 20.
The entity or entities having equity interest in a commercial wind energy facility, including their respective successors and/or assigns.
A device or feature which, in the event of failure, responds in a way that will cause no harm or at least a minimum of harm to other devices or danger.
The kilowatt is equal to 1,000 watts. This unit is typically used to express the output power of engines and the power consumption of electric motors, tools, machines, and heaters.
Any landowner except those on whose property all, or a portion, of a commercial wind energy facility is located pursuant to an agreement with the facility owner or operator.
A landowner upon whose property all, or a portion, of a commercial wind energy facility is located or pursuant to an agreement with the facility owner or operator.
A structure designed to support the gathering of wind energy resource data, including the tower, base plate, anchors, cables, anemometers and any and all related appurtenances used to monitor or transmit wind speed and wind flow characteristics over a period of time.
The structure that houses all of the generating components, gearbox, drive train, etc., of a wind turbine.
A residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance of a wind energy facility.
An electric generation facility consisting of one or more wind turbines, with a combined rated capacity equal to or less than 100 kW, the purpose of which is to supply electricity for on-site residential use. This term shall include all other related accessory structures and buildings accessory to a primary use located on the same site.
The blades and hub assembly of a wind turbine.
The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
The increased angle at which the relative wind strikes the blades of a wind turbine, or the "angle of attack," and reduces the induced drag associated with lift. Stalling occurs passively by increasing automatically when the winds speed up, but it increases the cross section of the blade(s) face-on to the wind, and thus the ordinary drag. A fully stalled turbine blade, when stopped, has the flat side of the blade facing directly into the wind.
The vertical distance measured from average elevation of the existing grade at the proposed tower foundation perimeter to the highest point of the turbine, including the turbine rotor blade. In the case of rooftop installations, see § 425-53D(4)(g).
A type of wind turbine in which the axis of rotation is perpendicular to the wind stream and the ground. VAWT systems can be mounted on buildings, telecommunications towers and poles for the purpose of producing energy.
All structures and buildings associated with the conversion of wind to energy with the exception of the wind turbine. Accessory facilities include but are not limited to structures, buildings, substations, meteorological towers, electrical transmission lines and access roads.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and turbine pad, if any.
The misalignment between the wind and turbine pointing directions. By minimizing the yaw angle, power output is maximized and nonsymmetrical wind loads are minimized.
D.
Residential wind energy facilities (RWEFs). An RWEF is permitted in all zoning districts as an accessory use. RWEFs must meet the following standards:
(1)
Application requirements. The following shall be submitted with any application for an RWEF:
(a)
A narrative describing the proposed RWEF, including:
[1]
An overview of the project.
[2]
The project location.
[3]
The generating capacity of the RWEF.
[4]
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.
[5]
A description of any/all accessory wind energy facilities.
(b)
A site plan showing the following:
[1]
The project location.
[2]
The planned location of the wind turbine(s).
[3]
Property lines.
[4]
Building and wind turbine setback lines.
[5]
Any electrical cabling, ancillary equipment, buildings, and structures, associated transmission lines, and the proposed layout of all structures.
[6]
All habitable structures located within 300 feet of any proposed wind turbine.
(2)
Land development and subdivision.
(a)
A proposed RWEF consisting of only one wind turbine shall be exempt from the land development and/or subdivision plan approval process unless a subdivision of land is proposed or significant additional improvements are proposed that would qualify the project as a land development as defined by the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Eligibility requirements.
(a)
Required primary use. The property on which an RWEF is proposed to be located must have a permitted primary use which would be drawing electricity from said wind turbine(s).
(b)
Maximum rated capacity. Any proposed RWEF shall be limited to a maximum rated capacity of 100 kW, whether consisting of an individual or multiple wind turbines.
(4)
Design and installation.
(a)
Minimum lot size. There is no established minimum lot size; however, in addition to all other standards contained herein, all RWEFs shall conform to the setback requirements noted below. For a land area needs assessment, please see § 425-53E(5)(a).
(b)
Maximum height wind turbines: 150 feet or as otherwise limited by any restrictions imposed by the FAA.
(c)
Maximum height accessory structures: The maximum height of accessory structures shall conform to the limits imposed by the applicable zoning district.
(d)
Setbacks from property lines.
[1]
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.
[2]
Where a property line is shared with an adjacent landowner whose lands are subject to required yard or setback areas as measured from the shared property line, the distance of the yard or setback areas of the adjacent landowner's property shall be included in the wind turbine setback measurement.
[3]
In accordance with § 425-53D(8), landowners may enter into a separate recorded agreement that would exempt an RWEF from the requirements of this section.
(e)
Setbacks from 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.
(f)
Code compliance. Any proposed RWEF shall comply with any and all applicable code requirements. The applicant shall contact the Centre Region Code Agency for proper procedure.
(g)
Rooftop installations. In addition to all other applicable requirements for RWEFs, any turbine installed upon a rooftop shall also meet the following.
[1]
Maximum height shall be restricted to 15 feet above the highest point of the roof.
[a]
When the horizontal distance from the turbine support to the edge of the roof is at least 15 feet, the measurement shall be taken from the point where the turbine base meets the roof to the highest point of the turbine, including the turbine rotor blade.
[b]
When the horizontal distance from the turbine support to the edge of the roof is less than 15 feet, the height of the turbine shall be measured from the ground adjacent to the building, and the setback shall be determined in accordance with § 425-53D(4)(d).
[2]
Documentation requirements. At a minimum, the applicant shall contact the Centre Region Code Agency, and the following documents and information shall be provided to the Centre Region Code Agency for review:
[a]
An elevation drawing of the building or structure to which the proposed wind turbine will be attached, showing the placement of the wind turbine and showing the projection of the wind turbine from the structure, marked with all necessary dimensions.
[b]
A report, signed by a licensed structural engineer, certifying that the proposed turbine and structure to which the turbine will be attached has been inspected and that the findings of the inspection have been conveyed to the applicant.
(i)
Lighting. RWEFs shall not be artificially lit except as may be required by the FAA or other applicable authority.
(5)
Signage, warnings and safety measures.
(a)
Signs. There shall be no signs posted on an RWEF or any associated fencing or support structures that are visible from any public road, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(b)
Overspeed controls. All wind energy conversion systems shall be equipped with both automatic overspeed controls and manual (electronic or mechanical) overspeed controls to limit the rotor speed to within the design limits of the turbine.
(c)
Blade clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 25 feet. This standard shall not apply to structure-mounted vertical axis wind turbines (VAWTs); neither shall it apply to ground-mounted VAWTs designed to operate with a ground clearance less than 25 feet. However:
[1]
The blade tip or foil of any VAWT shall not have a ground clearance less than 12 feet.
[2]
The applicant shall furnish documentation from the manufacturer that the VAWT proposed to be installed has been designed to operate at a ground clearance less than 25 feet.
[3]
The owner and/or developer shall agree to hold the municipality harmless from and against any and all claims or damages associated with any improvements or construction completed in accordance with an approved permit for the VAWT.
(d)
Climb prevention/locks, wind turbines: shall not be climbable up to 15 feet above ground surface. There shall be no steps, bolts or ladders for the first 15 feet.
(e)
Climb prevention/locks, VAWTs: If approved with a ground clearance less than 25 feet in accordance with § 425-53D(5)(c), the VAWT shall conform to one or more of the following options:
[1]
The VAWT shall not be climbable up to 12 feet above ground surface. There shall be no steps, bolts or ladders for the first 12 feet; and/or
[2]
A fence shall be installed around the perimeter of the VAWT. The fence shall be no less than six feet in height and shall, at no point, be closer to the VAWT than six feet.
(6)
Operational standards. Upon successful approval of a conditional use permit for an RWEF, the site, installation and operation of the wind turbine(s) and associated facilities shall be used and operated under the following requirements.
(a)
Noise. Audible sound from an RWEF shall not exceed 60 dB(A), as measured at the property line, except as may occur from time to time as a result of utility disruptions and/or severe weather events.
[1]
When required to be measured, dB(A) levels shall be measured by conventional sound level meters on slow response.
[2]
Any noise level falling between two whole decibels shall be the lower of the two.
[3]
Exemptions. In accordance with § 425-53D(8), landowners may enter into a separate recorded agreement that would exempt an RWEF from the requirements of this section.
(b)
Shadow flicker.
[1]
The owner shall make all reasonable attempts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties.
[2]
Exemptions. In accordance with § 425-53D(8), landowners may enter into a separate recorded agreement that would exempt an RWEF from the requirements of this section.
(c)
Signal interference.
[1]
Prior to and during installation, the applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals.
[2]
Should a wind turbine cause any above-noted disruption or loss of signals, the applicant shall mitigate any harm caused by the RWEF, and the turbine shall be immediately shut down until such time that the problem can be diagnosed and a remedy be performed which would allow turbine operation without signal disruption.
(7)
Notification.
(a)
Utility notification.
[1]
Any proposal to connect an RWEF(s) to a utility electrical supply system shall be accompanied by evidence that the utility company has been informed of the intent to install an interconnected customer-owned generator.
[2]
Off-grid systems shall be exempt. The landowner shall note on the applicable permit application(s) or on the land development plan, if required, that the RWEF(s) will not be connected to the grid.
(b)
Landowner notification. When application is made for approval of an RWEF, 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.
(8)
Exemptions. Where established herein, exemptions from requirements pertaining to RWEF(s) shall only be granted upon conformance with the following:
(a)
The applicant shall furnish a written agreement between themselves and any applicable adjacent landowner(s).
(b)
The agreement shall establish and notify the adjacent landowner(s) from which specific exemption-qualifying provisions the applicant is requesting relief.
(c)
Any such agreement shall be recorded in the Centre County Recorder of Deeds Office. The agreement shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property/properties that the agreement shall run with the land and may forever burden the subject property/properties.
E.
Commercial wind energy facilities (CWEFs). A CWEF shall be permitted as a conditional use in the A1 Rural Zoning District only.
(1)
Application requirements. The following shall be submitted with any application for a conditional use permit for a CWEF:
(a)
A narrative describing the proposed CWEF, including:
[1]
An overview of the project.
[2]
The project location.
[3]
The generating capacity of the CWEF.
[4]
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.
[5]
A description of any/all accessory wind energy facilities.
(b)
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 CWEF.
(c)
A site plan showing the following:
[1]
Parcel identification number of the properties on which the CWEF will be located.
[2]
Properties within 1,000 feet of the proposed CWEF.
[3]
The planned location of each wind turbine.
[4]
Property lines.
[5]
Building and wind turbine setback lines.
[6]
Access road and turnout locations.
[7]
Substation(s), electrical cabling from the CWEF to the substation(s).
[8]
Ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the proposed layout of all structures.
[9]
All habitable structures located within 1,000 feet of any proposed wind turbine.
(d)
Shadow flicker assessment. The developer shall prepare and provide documentation 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 documentation shall:
(e)
Documents related to decommissioning, including a schedule for the decommissioning and financial security.
(f)
Other relevant studies, reports, certifications and approvals as may be reasonably requested by Patton Township and the Centre Region Code Administration (CRCA) to ensure compliance with this chapter and any applicable International Building and/or Fire Code requirements.
(2)
Conditional use permit. A grouping of one or more wind turbines known as a CWEF shall be permitted as conditional use in the A-1 Rural Zoning District according to the following regulations:
(a)
Establishment of conditions. The conditional use permit for CWEF shall establish the following prior to approval by the Township Board of Supervisors:
[1]
The tract(s) of land must meet all eligibility requirements established in this chapter.
[2]
The CWEF meets all pertinent regulations contained in Chapter 350, Subdivision and Land Development.
[3]
The CWEF meets all zoning requirements contained in this chapter and all pertinent regulations contained in Chapter 425, Zoning.
[4]
Evidence that the CWEF meets all design and installation requirements specified in § 425-53E(5) of this chapter.
[5]
Agreement between the Township and the applicant that the wind turbines will be operated pursuant to § 425-53E(7) and decommissioned pursuant to § 425-53E(8).
[6]
Type(s), size(s) and number of wind turbines as well as any accessory structures or equipment accompanying the wind turbines.
[7]
Evidence that the CWEF will meet any other conditions required by the Board of Supervisors in order to protect the health, safety and general welfare of the public.
(b)
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 E(2)(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 Patton Township Code unless they relate to modifications of the conditions established for the conditional use permit.
(3)
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 350, Subdivision and Land Development.
(4)
Eligibility requirements. CWEFs are permitted on single tracts. A single applicant may request that a CWEF be permitted on multiple tracts, each under separate ownership if all of the wind turbines are to be owned, operated and maintained by one facility owner.
(5)
Design and installation. CWEFs shall be designed and installed as follows:
(a)
Minimum lot size.
[1]
There is no established minimum lot size; however, in addition to all other standards contained herein, all CWEFs shall conform to the setback requirements noted below.
[2]
A sample calculation for the minimum land area needed, based on the minimum setback from property lines, for a wind turbine with a height of 400 feet is provided as follows:
Using an imaginary circle drawn around the base of the tower, with a radius extending from the center of the base, the area of the circle surrounding the tower = πr2. |
π = pi = 3.14 (rounded down) |
r = radius = 1.1 x Height of Turbine (minimum setback) |
C = Circumference (for illustration) |
 |
Therefore: |
πr2 = 3.14 x (1.1 x 400)2 |
πr2 = 3.14 x (440)2 |
πr2 = 3.14 x (193,600) = 607,904 square feet = 13.96 acres |
The minimum land area needed for a four-hundred-foot-tall wind turbine (where the setback has not been waived) is 13.96 acres. |
(b)
Setbacks.
[1]
Occupied buildings.
[a]
Wind turbines shall be set back from the nearest occupied building on the same tract a distance not less than 1.5 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.
[b]
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 2,000 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.
[2]
Property lines or adjacent yard setback.
[a]
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.
[b]
The yard setback area of an adjacent landowner may be included within the turbine setback calculation up to a maximum of 10% of the height of the turbine or the full extent of such yard setback area, whichever is greater.
[c]
Exemptions. In accordance with § 425-53E(9), participating and nonparticipating landowners may enter into a separate recorded agreement that would exempt a CWEF from the requirements of this section.
[3]
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.
(c)
Maximum height, wind turbines.
[1]
The maximum height of a wind turbine shall only be limited by any restrictions imposed by the Federal Aviation Administration (FAA). In the event of any conflict between this regulation and any other provisions of the Township Code, this regulation shall apply.
[2]
Documentation verifying a completed review by the FAA, along with any comments issued by the FAA, must be submitted.
(d)
Accessory structures. The maximum height of accessory structures shall conform to the limits imposed by the applicable zoning district.
(e)
Code compliance. Any proposed CWEF shall comply with any and all applicable code requirements. The applicant shall contact the Centre Region Code Agency for proper procedure.
(f)
Lighting. CWEFs shall not be artificially lit except as may be required by the FAA or other applicable authority.
(g)
Visual appearance and power lines.
[1]
Wind turbines shall be a nonobtrusive color such as white or gray, as is customarily offered by the manufacturers of such turbines, or any color otherwise required by the FAA or other applicable authority that regulates air safety.
[2]
On-site transmission and power lines between wind turbines shall be placed underground.
(6)
Signage, warnings and safety measures.
(a)
Signs.
[1]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
[2]
No advertising signs are permitted on any part of the CWEF, including fencing and support structures. The manufacturer's or owner's name and/or logo may be placed on the nacelles of the CWEF but shall be limited to 25 square feet.
(b)
Visible, reflective, colored objects, such as 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.
(c)
Controls and brakes. Any proposed CWEF shall comply with any and all applicable control and braking requirements. The applicant shall contact the Centre Region Code Agency for proper procedure.
(d)
Blade clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 75 feet.
(e)
Climb prevention/locks. Wind turbines shall not be climbable up to 15 feet above ground surface. There shall be no steps, bolts or ladders for the first 15 feet.
(f)
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(7)
Operational standards. Upon successful approval of a conditional use permit for a CWEF, the site, installation and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:
(a)
Use of public roads.
[1]
The applicant shall identify all state and local public roads to be used within Patton Township to transport equipment and parts for construction, operation or maintenance of the CWEF.
[2]
The Patton 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.
[3]
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.
[4]
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(b)
Noise. Audible sound from a CWEF shall not exceed 60 dB(A), as measured at the property line, except as may occur from time to time as a result of utility disruptions and/or severe weather events. Methods for measuring and reporting acoustic emissions from the CWEF 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 or per alternate standards acceptable to the Township. Any proposed alternate source must be submitted at the time of permit application. Any noise level falling between two whole decibels shall be the lower of the two.
[1]
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 measurement of ambient noise levels shall be expressed in terms of the highest whole number sound pressure level in dB(A) which is exceeded for more than five minutes per hour; shall be measured at the property line; to the greatest extent practicable, shall employ techniques for reducing the effect of wind-generated noise at the microphone; and 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 miles per hour at the ambient noise measurement location.
[2]
Exemptions. In accordance with § 425-53E(9), participating and nonparticipating landowners may enter into a separate recorded agreement that would exempt a CWEF from the requirements of this section.
(c)
Shadow flicker.
[1]
The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.
[2]
Exemptions. In accordance with § 425-53E(9), participating and nonparticipating landowners may enter into a separate recorded agreement that would exempt a CWEF from the requirements of this section.
(d)
Signal interference.
[1]
Prior to and during installation, the applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals.
[2]
Should a wind turbine cause any above-noted disruption or loss of signals, the applicant shall mitigate any harm caused by the RWEF, and the turbine shall be immediately shut down until such time that the problem can be diagnosed and a remedy be performed which would allow turbine operation without signal disruption.
(e)
Liability insurance. The applicant shall be maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $5 million in the aggregate. Certificates shall be made available to Patton Township upon request.
(f)
Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a 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. The same information shall also be posted near or on the turbine.
(g)
System failure, violations and enforcement.
[1]
If there is a mechanical failure that causes a CWEF to become in violation of Patton Township Code, the facility owner or operator shall immediately shut down the affected wind turbine until a repair or correction is made to eliminate the problem.
[2]
If there is a mechanical failure that creates a clear hazard or danger, Patton Township may, at its discretion, take reasonable and necessary actions to shut down the affected wind turbine.
(8)
Decommissioning.
(a)
The facility owner and operator shall, at its expense, complete decommissioning of the CWEF, or individual wind turbines, within six months after the end of the useful life of the facility or individual wind turbines. The CWEF or individual wind turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of six months.
(b)
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.
(c)
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 Patton Township that the access roads or other land surface areas not be restored.
(d)
An estimate for the total cost of decommissioning ("decommissioning costs") shall be submitted to Patton Township for review after the first year of operation and every fifth year thereafter.
(e)
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to 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 Patton Township.
(f)
Decommissioning funds may be in the form of a performance bond, surety bond or other form of financial assurance as may be acceptable to Patton Township.
(g)
If the facility owner or operator fails to complete decommissioning within the period prescribed, then the landowner shall have six months to complete decommissioning.
(h)
If neither the facility owner or operator nor the landowner completes decommissioning within the periods prescribed herein, then Patton Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Patton Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Patton Township may take such action as necessary to implement the decommissioning plan at owner or operator expense.
(i)
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and Patton Township concurs that decommissioning has been satisfactorily completed or upon written request of Patton Township in order to implement the decommissioning plan.
(9)
Exemptions. Where established herein, exemptions from requirements pertaining to CWEFs shall only be granted upon conformance with the following:
(a)
The applicant shall furnish a written recorded agreement between participating and nonparticipating landowners.
(b)
The agreement shall establish and notify the participating and nonparticipating property owner(s) from which specific exemption-qualifying provisions the applicant is requesting relief.
(c)
Any such agreement shall be recorded in the Centre County Recorder of Deeds Office. The agreement shall describe the participating and nonparticipating properties benefited and burdened and advise all subsequent purchasers of the burdened property/properties that the agreement shall run with the land and may forever burden the subject property/properties.
(d)
All participating and nonparticipating property owners entering into agreement with a facility owner or operator shall subsequently all be considered "participating landowners" by said actions.
F.
Vertical access wind turbines (VAWTs). Vertical access wind turbines shall be permitted in accordance with the same standards, permit requirements and procedures pertaining to CWEFs or RWEFs, whichever type of facility is proposed.
G.
Meteorological towers (Met). Meteorological towers are permitted in accordance with the same standards, permit requirements and procedures pertaining to CWEFs or RWEFs, whichever is applicable based on the type of facility the Met tower will be used to gather wind energy resource data for. In addition, the following shall apply:
(1)
Temporary status. All Met towers and all associated apparatus shall be decommissioned on or before the expiration of 24 months following installation and in accordance with the decommissioning provisions of § 425-53E(8).