[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-2009 by Ord. No. 09-2]
This article shall be referred to as the "Weisenberg Township Small Wind Energy System Ordinance."
The purpose of this article is to:
A. 
Oversee the permitting of small wind energy systems.
B. 
Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.
As used in this article, the following terms shall have the meanings indicated in this section. All other terms shall be as defined in Chapter 500, Zoning. of the Township Code, as amended.
SMALL WIND ENERGY SYSTEM
A wind energy system that:
A. 
Is used to generate electricity;
B. 
Has a total height of 100 feet or less.
TOTAL HEIGHT
The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
WIND TOWER
The monopole, freestanding structure that supports a wind generator.
A small wind energy system shall be a permitted as an accessory use in all zoning districts.
A. 
Setbacks and height limitations.
(1) 
A wind tower for a small wind system shall be independent of any structure and shall be located a minimum distance of 110% times the total height from any property line or street ultimate right-of-way.
(2) 
No part of the wind tower shall be located within any required front, side or rear yard setback.
(3) 
The total height of the wind tower shall not exceed 100 feet.
B. 
Access.
(1) 
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(2) 
The wind tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 15 feet above the ground.
(3) 
The minimum height shall be 25 feet measured as the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its lowest point.
(4) 
All electrical wires associated with a small wind energy system, 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 shall be located underground. All electrical components shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.
(5) 
A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(6) 
The wind generator and tower shall be a gray color.
(7) 
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system, visible from any public road shall be prohibited.
(8) 
A small wind energy system including the wind tower shall comply with all applicable provisions of the Uniform Construction Code, latest revision, adopted by the Township.[1]
[1]
Editor's Note: See Ch. 225, Construction Codes, Uniform, of the Township Code.
(9) 
Small wind energy systems that connect to the electric utility shall comply with the applicable laws and rules and regulations of the Pennsylvania Public Utility Commission.
(10) 
The design of the wind energy system shall conform to the applicable industry standards, including those of the American National Standards Institute. Landowner shall submit certificates of design compliance obtained by the equipment manufactures from Underwriters Laboratories, or other similar certifying organizations.
(11) 
The wind energy system shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar system) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.
(12) 
The landowner shall locate the wind energy system to prohibit the shadow flicker for more than one hour per day on to any occupied building, other than the landowners, or a nonparticipating landowner property.
(13) 
When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 140 square feet in area, and shall not be located within any required front, side, or rear yard setback.
(14) 
The resultant energy harnessed from the wind shall only be used on the property on which the wind energy system is located. Energy may only be sold or otherwise transferred back to the power company.
(15) 
The wind energy system shall be subordinate to and located on the same lot occupied by the principal use to which it relates.
(16) 
The wind energy system shall comply with all other applicable regulations.
A. 
Building permit. A building permit shall be required for the installation of a small wind energy system. The building permit shall be issued in accordance with Chapter 500, Zoning, and any Township ordinances relating to the issuance of permits.
B. 
Fees. The application for a building permit for a small wind energy system must be accompanied by the fee required for a building permit for a permitted accessory use.
A. 
The landowner shall, at his expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of the wind energy system. It shall be presumed that the wind energy system is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
B. 
Decommissioning of the wind energy system shall include removal of the wind tower, the wind generator, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded.
A. 
A landowner seeking a waiver or modification of the minimum standards required by this article shall submit to the Township a request in writing that states a) the specific ordinance section(s) involved and b) the reasons for the request. The Board of Supervisors shall in writing grant or deny the waivers or modifications of the specific recommendations of this article.
B. 
The landowner must demonstrate to the satisfaction of the Board of Supervisors that with respect to each request for a waiver or modification that literal compliance with the mandatory provisions of this article is:
(1) 
Unreasonable;
(2) 
Causes undue hardship because of peculiar conditions pertaining to the land in question, provided that the purpose and intent of this article is observed;
(3) 
Unnecessary because and alternate standard can be demonstrated to provide equal or better results.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
The provisions of this article are severable, and the invalidity of any section, subdivision, paragraph, or other part of this article shall not affect the validity or effectiveness of the remainder of the article.
The provisions of this article shall become effective on the fifth day following enactment.