In addition to all other applicable standards in this chapter, the following regulations shall apply to wind energy facilities:
A. Purposes:
(1) To accommodate the need for wind energy facilities while regulating their location and number in the Borough in recognition of the need to protect the public health, safety, and welfare.
(2) To avoid potential damage to adjacent properties from windmill structure failure and falling ice, through engineering and proper siting of such structures.
B. Permits; use regulations.
(1) Permits. A permit shall be required for every wind energy facility and windmill installed at any location in the Borough.
(2) Associated use. All other uses ancillary to the wind energy facility (including a business office, maintenance depot, etc., greater than 1,000 square feet) are prohibited from the wind energy facility, unless otherwise permitted in the district in which the wind energy facility 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 energy facility.
(3) Wind energy facility as a second principal use. A wind energy facility shall be permitted on a property with an existing use subject to the following land development standards:
(a) The minimum lot area, minimum setbacks and maximum height required by this chapter for the wind energy facility 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.
(b) The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(c) 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.
C. Standards.
(1) Wind energy facility height. The applicant shall demonstrate that the windmills are at the minimum height required to function satisfactorily. No windmill that is taller than this minimum height shall be approved.
(2) Parcel size; setbacks.
(a) Separate parcel. If the parcel on which the wind energy facility is located is a separate and distinct parcel, the district minimum lot size shall apply, and in all cases, the lot shall be of such size that all required setbacks are satisfied. No windmill shall be located closer to any property line than its height plus the normal setback for the district. The setback for equipment containers, other accessory structures, and guy-wire anchors shall be a minimum of 30 feet.
(b) Lease, license or easement. If the land on which the wind energy facility is leased or is used by license or easement, the setback for any windmill, the support structure, equipment containers, other accessory structures, and guy-wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, no windmill shall be located closer to any property line (not lease, license or easement line) than its height plus the normal setback for the district.
(c) Principal structures. No windmill shall be located less than 500 feet from any principal residential structure existing prior to the erection of the windmill.
(3) Wind energy facility 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 anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed wind energy facility 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 energy facility shall provide a certification from a Pennsylvania-registered professional engineer that the wind energy facility and all structures comply with all applicable regulations.
(4) Fencing. A fence may be required around windmills and other equipment, unless the design of the structures adequately provides for safety.
(5) Landscaping. Landscaping may be required to screen as much of the wind energy facility ground features as possible, the fence surrounding the support structure, any other ground-level features (such as a building), and, in general, buffer the wind energy facility's ground features from neighboring properties. The Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping.
(6) Licenses; other regulations; insurance. The applicant shall 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 also submit the name, address and emergency telephone number for the operator of the wind energy facility and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the wind energy facility.
(7) Access. Access to the wind energy facility 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.
(8) Color and lighting; FAA and PennDOT notice. Windmills shall comply with all applicable Federal Aviation Administration (FAA) and PennDOT 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 the notice of proposed construction or alteration forms submitted to the FAA and PennDOT Bureau of Aviation.
(9) 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 may be accomplished by remedial measures instituted by the wind energy facility developer.
(10) Historic structures. A wind energy facility shall not be located within 500 feet of any structure listed on a historic register.
(11) Discontinued use. If any wind energy facility or windmill ceases to be used, the owner or operator or the owner of the land on which the wind energy facility 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 Borough to remove the facility and assess the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover the costs of removal and attorney's fees. In addition, at the time of zoning permit issuance for any windmill, the Borough shall require a financial guarantee, in a term, form and amount determined by the Council with the advice of the Borough Solicitor, to guarantee the removal of the wind energy facility or windmill.
(12) Site plan. A full site plan shall be required for all wind energy facility sites, showing the wind energy facility, windmills, building, fencing, buffering, access, and all other items required by this chapter.
