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West Providence PA wind ordinance

An ordinance of the township of West Providence, Bedford County, Pennsylvania, concerning and regulating the placement, construction, operation, maintenance and decommissioning of wind turbine generators, the issuance of land use permits in connection therewith, and prescribing penalties for violations hereof. Section 12.1 of the ordinance pertaining to setbacks is included below (2,000 feet from a property line; 2,500 feet from all structures). The full text can be accessed by clicking on the link below.

Section 12: Set backs.

12.1 The wind turbine generators within a wind energy facility shall comply with the following setbacks:

a. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from the nearest existing school, hospital, church, or public library a distance of no less than two thousand five hundred (2,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of the foundation of such buildings.

b. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from all structures, including but not limited to residences, garages and outbuildings located within or upon land of a participating landowner, a distance of no less than one thousand five hundred (1,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of the foundation of such buildings. This provision shall not include structures or other appurtenances related strictly to the wind energy facility. A "participating landowner" shall mean a property owner or property that is subject to an agreement or lease with the facility owner or operator regarding the installation and maintenance of a wind turbine generator and/or wind energy facility.

c. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from all structures, including but not limited to residences, garages and outbuildings located within or upon land of a non-participating landowner, a distance of no less than two thousand five hundred (2,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of the foundation of such buildings.

d. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from all existing property lines adjacent to the participating landowner a distance of no less than two thousand (2,000') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of the property lines. This distance may be waived among both participating and non-participating landowners by written agreement executed by the interested parties (i.e. both participating and non-participating landowners).

e. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from all public roads a distance of no less than 2.0 times its total height, determined at the nearest boundary of the right-of-way for such public road. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of the road right-of-way. Unless conclusive evidence exists to the contrary, the public road right-of-way shall be presumed to be a distance (width) of sixty-six (66') feet.

f. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from above-ground electric power lines, public telephone lines and television cable lines a distance of no less than 2.0 times its total height. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of such lines.

g. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from any historic structure, district, site or resource listed or eligible to be listed on the Pennsylvania Heritage Inventory, the National Register of Historic Places, the National Historic Landmarks Registry, or any successor thereto, a distance no less than two thousand five hundred (2,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point on the foundation of an historic building, structure or resource, or the nearest property line of an historic district or site.

h. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from any Important Bird Area (IBA) as identified by the Audubon Society, BirdLife International and/or any other similar recognized agency of authority, a distance of no less than two thousand five hundred (2,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of an identified IBA. The term "Important Bird Area" shall constitute critical habitat for known bird populations of North America.

i. In relation to the date upon which a permit hereunder shall be issued, each wind turbine generator shall be set back from any lake, vernal pool, dam, wetlands, pond, public water source, private wells and springs, a distance of no less than two thousand five hundred (2,500') feet. The set back distance shall be measured from the center of the wind turbine generator base to the nearest point of an identified lake, vernal pool, dam, wetlands, pond, public water source, private well and spring.

12.2 In addition to the agencies, societies or organizations identified elsewhere in this Ordinance, the applicant shall be required to contact and to present proposals by certified mail return receipt mail to each of the following agencies:

U.S. Fish and Wildlife Service
PA Field Office
315 South Allen Street, Suite 322
State College, PA 16801-4850

Department of Conservation and Natural Resources
Bureau of Forestry
Central Office
6th Floor, Rachel Carson State Office Building
P.O. Box 8553
Harrisburg, PA 17105-8552

Pennsylvania Game Commission
2001 Elmerton Avenue
Harrisburg, PA 17110-9797

Pennsylvania Fish and Boat Commission
1601 Elmerton Avenue
P.O. Box 67000
Harrisburg, PA 17106-7000

Department of Conservation and Natural Resources
Office of Conservation Science
Wild Resource Conservation Fund
PO Box 8764
Harrisburg, PA 17105-8764

12.3 The applicant shall submit the proposal to the identified agencies for review and recommendations regarding the matters pertaining to the agency. Applicant shall be required to adhere to all recommendations and all directives of the agencies, and shall provide the Township with a letter of consistency or compliance from each agency. Should any agency identified in Section 12.2 fail to respond within one hundred twenty (120) days of the date of return receipt to an applicant's request for review of the proposal, Subsection 12.3 shall be satisfied as to the need to obtain a finding of consistency or compliance from that specific agency.

Setback requirements or recommendations of the agencies as they relate to natural resources and historic sites or structures shall supercede the setbacks required in this Ordinance; provided, however, that such agency requirements or recommendations are greater in distance than that established herein.

Where specific standards, recommendations or requirements as to any of the historic sites and structures, or natural resources listed in this Ordinance are not obtained by the applicant, the terms and provisions of this Ordinance shall apply. Where multiple agencies with jurisdiction over a matter offer differing standards, recommendations and/or requirements, the more strict standards, recommendations and/or requirements shall apply; provided, however, that such standards, recommendations and/or requirements are more strict than that established herein. In such event, the terms and provisions of this Ordinance shall apply.

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West Providence

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APR 7 2008
http://www.windaction.org/posts/14903-west-providence-pa-wind-ordinance
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