[Added 12-2-2008 by Ord. No. 250-2008]
As used in this article, the following terms
shall have the meanings indicated:
A device, which includes a structure and associated mechanism(s)
and supporting components which are installed aboveground for the
purpose of generating electrical energy, and may include, but not
be limited to, wind-driven turbines and windmills.
The purpose of this overlay district is to provide
for the safe and orderly construction and locating of the wind energy
systems within the Township of Bern.
Wind energy systems shall be permitted within
all zoning districts of the Township subject to the regulations and
conditions contained within this article.
The following conditions shall be met prior
to the granting of a permit for a wind energy system and the erection
thereof within the Township:
A.
A wind energy system shall only be erected in conjunction
with supplying electrical power to a single-family detached dwelling.
B.
Minimum lot size. The minimum lot size for erecting
a wind energy system shall be one acre.
C.
Setbacks. A wind energy system shall be located no
less than 1.1 times the height of the device from a side or rear property
line. Furthermore, no wind energy system shall be located within 1.1
times the height of the device from overhead utility lines and no
less than 1.1 times the height of the device from a street line.
D.
Location. All wind energy systems shall be located
within side or rear yards.
E.
Limitation. There shall be a maximum of one wind energy
system for a single parcel, or multiple parcels, which are adjacent
to one another and in common ownership.
F.
Maximum height. The maximum height of any wind energy
system located within the Township of Bern, including all moving and
rotating parts, shall be 75 feet, measured from the undisturbed ground
elevation at the base of the device to the highest point of the arc
of the blade or to the top of the tower, whichever is greater. If
a device is attached to an existing structure, then the maximum height
of the attached wind energy device shall not exceed 75 feet, including
the height of the existing structure.
G.
Ground clearance. The minimum distance between the
undisturbed ground at the base of the device and any protruding blade
shall be 20 feet, as measured at the lowest point of arc of the blades.
H.
Location of guy wires. Guy wires, associated with
any wind energy structure, should not be closer than 10 feet from
a side or rear property line and shall not be within 10 feet of the
rear-most portion of a dwelling located on the lot on which the wind
energy system is to be located.
I.
Access. All ground-mounted electrical and control
equipment shall be labeled or secured to prevent unauthorized access.
The wind energy system shall not provide steps or a ladder readily
accessible to the public for a minimum height of eight feet above
the ground surface.
J.
Lighting and advertising. No artificial lighting,
unless required by the Federal Aviation Administration, signage or
any forms of advertising shall be utilized or attached to the wind
energy system.
K.
Utility lines. All utility lines, including electrical
wires other than wires necessary to connect the wind generator to
the tower wiring, the tower wiring to the disconnect junction box,
and the grounding wires, must be installed underground in accordance
with the prevailing standards of the servicing utility company.
L.
Plan. Prior to the erection of any wind energy system
within the Township, a plot plan of the parcel in which the facility
will be located shall be submitted, which identifies property lines,
lot area, location of existing, natural or man-made features, location
of the proposed wind energy system, ownership information for adjoining
properties and setback measurements from property and street lines.
M.
Compliance with other regulations. A wind energy system,
including the tower, shall comply with all applicable state construction
and electrical codes and the National Electrical Code. Prior to the
issuance of a building/zoning permit for installation of a wind energy
system, the applicant must submit to the Township all documentation
required by the Township Building Code Official to verify that the
design of the device complies with the Pennsylvania Uniform Construction
Code,[1] including, but not limited to, documentation of the structural
integrity of the foundation, base, tower and all appurtenant structures,
and electrical design. Design information must be certified by a licensed
professional engineer in the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 7210.101
et seq.
N.
Noise. The noise standards for wind energy systems
shall not exceed 60 decibels, as measured at the exterior of any occupied
building on a nonparticipating landowner's property.
O.
Abandonment. A wind energy system that has been abandoned
(meaning not having been in operation for a period exceeding six months)
or is defective or that is deemed to be unsafe by the Township Building
Code Official shall be required to be repaired by the owner to meet
federal, state and local safety standards or be removed by the property
owner within the time period allowed by the Township's Building Code
Official. If the owner fails to remove or repair the defective or
abandoned wind energy system, the Township may pursue a legal action
to have the system removed at the owner's expense.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 and/or imprisonment
for a term not to exceed 90 days.
