article12.doc-pottercountypa.net.docVIP

ARTICLE 12 COUNTY OF POTTER COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 1-2008 AN ORDINANCE REGULATING THE CONSTRUCTION, LOCATING, OPERATING AND DECOMMISSIONING OF WIND TURBINE GENERATORS/ENERGY FACILITIES WITHIN POTTER COUNTY; REQUIRING CERTAIN SETBACK STANDARDS AND SAFETY REQUIREMENTS; AUTHORIZING PROMULGATION OF RULES AND REGULATIONS IN THE IMPLEMENTATION AND ENFORCEMENT HEREOF; AND, IMPOSING FINES AND PENALTIES FOR VIOLATIONS HEREOF The purpose of the Ordinance is to provide for the regulation, installation, operation and decommissioning of Wind Energy Facilities within the jurisdictional confines of the County of Potter, to protect the health, welfare and safety of its citizens, trade and commerce pursuant to the General Powers of eighth class counties pursuant to the County Code of the Commonwealth of Pennsylvania [16 P.S.§ 509] and the Pennsylvania Municipalities Planning Code [53 P.S. §10101, et. seq.].` INDUSTRIAL WIND ENERGY FACILITIES 1201 APPLICABILITY This ordinance is intended to protect the public health, safety or welfare through restrictions regarding location, design, construction and operation of wind energy systems. This ordinance is not intended to apply to stand-alone wind turbines of 175 feet or less in height constructed primarily for residential or farm use. Article 12.1 Physical modification to an existing wind energy facility shall comply with the provisions of this ordinance. This Ordinance shall be deemed an amendment to and administered as a part of the Potter County Subdivision and Land Development Ordinance. 1202 DEFINITIONS “Applicant” is the person or entity filing an application under this Ordinance. “Facility Owner” means the entity or entities having legal title to the Wind Energy Facility, including their respective successors and assigns. “Occupied Building” means 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