[Added 12-2-2008 by Ord. No. 250-2008]
As used in this article, the following terms shall have the meanings indicated:
WIND ENERGY SYSTEM
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.
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.