This article shall govern all wind energy conversion system uses and, to the extent relevant, small wind turbine device uses.

Freestanding wind turbines shall be set back from the nearest occupied building on the subject lot a distance not less than the greater of the maximum setback requirements for principal structures in the zoning district in which the turbine is located 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.

Wind turbines shall be set back a minimum distance of 1.25 times the total height of the tower or pole and all equipment (including turbines) mounted thereon from all adjacent property lines and from public or private street right-of-way lines. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level. Total height is measured from ground level to the highest point of the rotating blade when vertical.

As may be applicable, a wind energy conversion system shall comply with the Pennsylvania Uniform Construction Code,[1] as adopted by Silverdale Borough, the Subdivision and Land Development Ordinance[2] and the Stormwater Management Ordinance,[3] all as amended. Any system having a proposed footprint of 400 square feet or more in area shall be deemed a land development.

The design of the wind energy conversion system or small wind turbine device shall conform to applicable and current industry standards, including those of the American National Standards Institute. An applicant shall submit with his/her application certificates of design compliance obtained by the equipment manufacturer(s) from Underwriters' Laboratories and/or other similar certifying organizations.

All electrical components of a wind energy conversion system (WECS) or small wind turbine device shall conform to relevant and applicable local, state and national codes and to relevant and applicable industry standards.

Wind turbines shall be an unobtrusive color such as white, off-white, black or gray.

Wind energy conversion systems and small wind turbine devices shall not be artificially lighted.

All access doors and ladders to wind turbines and electrical equipment must be locked.

WECS and small wind turbine device operations shall not cause unreasonable noise that would be objectionable to and/or detract from the use and enjoyment of adjacent properties. The Borough reserves the right to suspend and/or terminate operation of a WECS if, in its opinion, the noise characteristics and/or levels generated by a particular WECS are unreasonably loud and pose an undesirable nuisance to neighboring properties.

The facility owner and operator shall make a reasonable effort to minimize shadow flicker to any occupied building on any other lot.

WECS and small wind turbine device operations shall not cause interference with, disruption to or loss of radio, telephone, television, Internet or similar signals and shall mitigate any harm caused by the WECS or small wind turbine device. The Borough reserves the right to suspend and/or terminate operation of a WECS if, in its opinion, such interference becomes evident, is a nuisance to neighboring property owners and has not been eliminated by the facility owner and/or operator.

The owner and/or operator of a WECS and/or a small wind turbine device shall ensure that the system or device does not constitute a safety hazard to persons or neighboring properties by virtue of failure and/or breakage of rotor blades and other parts of the system or device. The Borough reserves the right to suspend and/or revoke operation of a WECS or small wind turbine device if, in its opinion, a safety hazard exists until or unless such hazards have been corrected to the satisfaction of the Borough.

The owner and/or operator of a WECS shall, at all times, maintain a current general liability insurance policy covering bodily injury and property damage caused by or arising from the WECS. A certificate of such insurance shall be supplied to the Borough prior to issuance of a permit.

Zoning permit.

Building permit.

Certificate of homeowners liability insurance.

Site plan drawing showing the location of the installation.

Installation detail drawings showing structural connections, electrical connections, foundations, supports and reinforcements. Items for review shall be submitted with professional certifications approving the details of the construction and installation.

Other relevant studies, reports, certifications and approvals as may reasonably be required by the Borough (including but not limited to documents confirming compliance with all setback and performance standards[1]).

Decommissioning shall include removal of wind turbines, cabling, electrical components, and any other associated material or components. These items shall be removed from the site in the event that the WECS becomes inoperable, ceases to generate power, malfunctions or fails to be maintained in good mechanical and electrical working order for a period of 12 months.

Disturbed earth shall be graded and reseeded.

If the facility owner or operator fails to complete decommissioning within the period described in Subsection A above, the Borough shall be entitled to exercise its rights against the owner, levy fines of up to $1,000 per day and take all and any necessary actions available to the Borough that are required to maintain safety and security in the Borough.