WIND ENERGY SYSTEMS FOR PRIVATE USE
1. All permitted and special exception uses shall be permitted one wind energy system.
2. All accessory wind energy systems shall be designed for private use.
3. Wind Energy Systems (including Windmills).
A. No wind energy system shall be located on a parcel less than 20,000 square feet.
B. All windmills, except single pole structures, shall be enclosed by a fence in compliance with § 27-1507 of this chapter. Such fence shall be located at least five feet from the base of such windmill. Guy wires may be located outside the fenced area.
C. No wind powered turbine for private use shall be greater than 10 kWh.
D. No windmill for private use shall be greater than 50 feet in height.
E. No windmill shall be permitted the design of which permits any vane, sail or rotor blade to pass within 20 feet of the ground.
F. All electrical wiring leading from a windmill shall be located underground.
G. Windmills may be located within the required rear or side setbacks provided they are no closer than 1 1/2 times their height from the nearest inhabitable structure not located on the same parcel as the windmill.
H. The vibration control standards of
§ 27-1512: Vibration of this chapter shall be complied with.
WIND FARM
1. A permit shall be required for every wind farm and windmill installed at any location in the Township.
2. All other uses ancillary to the wind farm (including a business office, maintenance depot, etc., greater than 1,000 square feet) are prohibited from the wind farm, unless otherwise permitted in the zoning district in which the wind farm is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the wind farm.
A. A wind farm as a second principal use. A wind farm shall be permitted on a property with an existing use subject to the following standards:
(1) The minimum lot area, minimum setbacks and maximum height required by this chapter for the wind farm and windmills shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.
(2) The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(3) The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.
3. Standards:
A. Wind Farm Height. The applicant shall demonstrate that the windmills are at the minimum height required to function satisfactorily according to industry standards or as indicated by local wind profiles. No windmill that is taller than this minimum height shall be approved.
B. Parcel Size.
(1) Separate Parcel. If the parcel on which the wind farm is proposed is a separate and distinct parcel, the zoning district minimum lot size shall apply and in all cases, the lot shall be of such size that all required setbacks are satisfied.
C. Setbacks.
(1) Occupied Buildings.
(a) Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. 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 non-participating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) Property lines: All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(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.
D. Wind Farm Support Structure Safety. The applicant shall demonstrate that the proposed windmills are safe and the surrounding areas will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All windmills shall be fitted with anti-climbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed wind farm and support structure will be designed and constructed in accord with accepted engineering practices and all requirements of any applicable construction code. Within 45 days of initial operation, the owner and/or operator of the wind farm shall provide a certification from a Pennsylvania-registered professional engineer that the wind farm and all structures comply with all applicable regulations.
E. Fencing. A fence may be required around windmills and other equipment, unless the design of the structures adequately provides for safety.
F. Landscaping. Landscaping may be required to screen as much of the wind farm ground features as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general buffer the wind farm ground features from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.
G. Licenses; Other Regulations; Insurance. The applicant must demonstrate that it has obtained the required licenses from governing state and federal agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the wind farm.
H. Access; Required Parking. Access to the wind farm shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length. If the wind farm site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
I. Color and Lighting; FAA and PA DOT Notice. Windmills shall comply with all applicable Federal Aviation Administration (FAA) and PA DOT Bureau of Aviation regulations. No windmill may be artificially lighted except as required by FAA requirements. The applicant shall provide a copy of the response to notice of proposed construction or alteration forms submitted to the FAA and PA DOT Bureau of Aviation.
J. Communications Interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished, and this shall be accomplished by remedial measures instituted by the wind farm developer.
K. Historic Structures. A wind farm shall not be located within 500 feet of any structure listed on any public historic register.
L. Discontinued Use. Should any wind farm or windmill cease to be used, the owner or operator or then owner of the land on which the wind farm or windmill is located, shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Township to remove the facility and assess the cost of removal to the foregoing parties. The Township may also file a municipal lien against the land to recover the costs of removal and attorney's fees.
M. Site Plan. A full site plan shall be required for all wind farm sites, showing the wind farm, windmills, building, fencing, buffering, access, and all other items required for uses by this chapter.
SR and ICD Districts:
A structure may be erected or used, and a lot may be used or occupied, for this use; providing, however, that all new uses shall utilize municipal or public sewer and water services provided such service or capacity exists within 1,000 feet of the proposed use and the parcel can feasibly be served by both municipal sewer and municipal public water. The applicant shall provide documentation to the Township that said service is not feasible. On-site sewage disposal systems and on-site wells may be utilized until such public systems become available or are located within 1,000 feet from the proposed use.