[Added 9-9-2015 by Ord.
No. 2015-02]
As used in this article, the following terms shall have the
meanings indicated:
Includes geothermal energy, solar energy and wind energy
sources. Alternative energy sources may at times be referred to as
"renewable energy sources."
Required minimum distance between the lowest point of a rotor
blade and the ground surface below it.
A BIPV system forms part of the structure to which it is
affixed. Typically integrated into a roofing system (e.g., solar shingles),
BIPV systems can provide architectural interest and/or an unobtrusive
solar energy system installation.
Energy derived from the heat in the interior of the earth.
A type of wind turbine in which the axis of rotation is parallel
to the ground and the blades are perpendicular to the ground.
Interfacing an on-site electricity generator to the electric
distribution system (i.e., the grid). This configuration allows an
on-site electricity generating system to operate in parallel with
the grid. For small systems, the point of interconnection is through
a circuit breaker of the main electric service panel on site, or it
could be a supply tap on the service line just before the main electric
service panel.
A legal document between a customer and an electric utility
authorizing the connection of the customer's on-site electricity generating
system to the utility's electric grid.
The structure that houses all of the generating components,
gearbox, drive train, etc., of a wind turbine.
An approach for interconnecting and metering on-site electricity
generating facilities; the means of measuring the difference between
electricity supplied by an electric utility, electric distribution
company, or electric generation supplier and the electricity generated
by a customer-generator using alternative energy sources. Net metering
allows customers to use excess on-site generated electricity to offset
utility-purchased electricity on a monthly or annual basis.
An agreement with a customer-generator and an electric utility,
electric distribution company, or electric generation supplier, regarding
the electricity generated by a customer generator, that allows customers
to receive a credit at the retail price of electricity for surplus
electricity generated on site. Under a net metering agreement, a bidirectional
electric meter is used to measure and record the flow of electricity
in both directions from and to the customer-generator.
A contract to purchase energy. A PPA is usually established
between a party that generates electricity and a party that purchases
electricity. A PPA may also be a contract written between a building
owner that wants to generate electricity on site and a third-party
developer who will install, maintain and own the system used to generate
the electricity and then sell the electricity produced by the system
to the building owner at a predetermined rate.
The blades and hub assembly of a wind turbine.
The cross-sectional dimension of the circle swept by the
rotating blades.
The on-and-off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine.
The ability of sunlight to shine on a property owner's land,
or more specifically, the owner's solar energy facility or solar energy
system, without the sunlight being blocked by structures, vegetation,
or other obstructions on neighboring land.
A legal agreement that protects access to sunlight, or solar
access, on a property.
An alternative energy facility that consists of one or more
ground-mounted, freestanding, or building-integrated solar collection
devices, solar-energy-related equipment and other associated infrastructure
with the primary intention of generating electricity or otherwise
converting solar energy to a different form of energy for primarily
commercial or other off-site use.
An alternative energy system that consists of one or more
ground-mounted, freestanding, or building-mounted solar collection
devices and solar-energy-related equipment and other associated infrastructure
with the primary intention of generating electricity or otherwise
converting solar energy to a different form of energy to reduce on-site
consumption of purchased power. When a property upon which the system
is installed also receives electricity supplied by a utility company,
excess electricity generated and not presently needed for on-site
use may be used off site by a utility company.
The effect produced by light reflecting from a solar panel
with an intensity sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
Uses solar energy to heat water. The most common types of
solar water heaters are evacuated tube collectors and glazed flat-plate
collectors generally used for domestic hot water, and unglazed plastic
collectors used mainly to heat swimming pools.
A device containing one or more receptive cells equal to
or greater than two square feet, the purpose of which is to convert
solar energy into electrical or thermal energy.
The vertical distance from the ground level to the tip of
a wind generator blade when the tip is at its highest point.
A guyed or freestanding structure, anchors, and foundation
that is specifically engineered to support a small wind turbine.
The height above grade of the fixed portion of the tower,
excluding the wind turbine itself.
A type of wind turbine in which the axis of rotation is perpendicular
to the wind stream and the ground.
Equipment that converts, and then stores or transfers, energy
from the wind into usable forms of energy, which has a rated capacity
of not more than 20 kW and which is intended to primarily reduce on-site
consumption of utility power. This equipment includes any base, blade,
foundation, generator, nacelle, rotor, transformer, vane, wire, inverter,
batteries, or other component of the system.
A.
Alternative energy systems as described in this article are permitted
in all residential zoning districts as an accessory use to a permitted
principal use, subject to the standards for accessory uses in the
applicable zoning district and the specific criteria set forth in
this article.
B.
Alternative energy facilities as described in this article are permitted
in all nonresidential zoning districts as a conditional use, subject
to the standards of the applicable zoning district and the specific
criteria set forth in this article.
C.
Where general standards of the applicable zoning district and the
specific criteria set forth in this article overlap or conflict, the
specific criteria of this article shall supersede the general standards.
D.
An alternative energy system shall be constructed to provide on-site
power or energy for the principal use and/or another accessory use
on the same lot, parcel, or unit on which the alternative energy system
is located and shall not be primarily used to convert energy for commercial
or other off-site transfer or use, although this provision shall not
be interpreted to prohibit the sale of electricity generated in excess
of on-site requirements under an interconnection agreement, net metering
agreement, or power purchase agreement.
Solar energy systems are permitted as an accessory use in all
zoning districts, subject to the following specific criteria:
A.
Lot, yard and bulk requirements.
(1)
Setback restrictions.
(a)
Solar energy system components are prohibited outside of the
permitted building envelope for the zoning district in which the system
is located. Solar energy system components are also prohibited in
front yards, side yards, and along any street frontage.
(b)
Solar energy system components shall not encroach upon any right-of-way
easement, including but not limited to water, stormwater, sanitary
sewer, natural gas, telephone, and electrical easements.
(c)
Solar energy systems shall not encroach upon any stormwater
management facility.
(2)
Height restrictions.
(a)
Building-mounted solar energy systems, other than a building-integrated
system, shall not exceed the maximum height restriction imposed upon
principal and accessory structures and uses within the applicable
zoning district. For purposes of height measurement, building-mounted
solar energy systems shall be considered equipment or mechanical devices
in the zoning district in which the solar energy system is located.
(b)
Ground-mounted or freestanding solar energy systems shall not
exceed the applicable maximum accessory structure height in the zoning
district in which the solar energy system is located.
(3)
Impervious coverage.
(a)
For purposes of determining compliance with building coverage
standards of the applicable zoning district, the total horizontal
projection area of all ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, inverters and
solar hot-air or -water collector devices, shall be considered pervious
coverage so long as pervious conditions are maintained underneath
the solar photovoltaic cells, panel, arrays and solar hot-air or -water
collector devices.
B.
Design and installation requirements.
(1)
Solar energy systems shall be installed in compliance with all
applicable building and construction codes, including regulations
with respect to stormwater management and impervious cover.
(2)
The design and installation of solar energy systems shall conform
to applicable industry codes and standards, including those of the
International Code Council (ICC), American National Standards Institute
(ANSI), Underwriters' Laboratories (UL), the American Society for
Testing and Materials (ASTM), and other similar certifying and professional
organizations such as the American Society of Civil Engineers and
the American Society of Mechanical Engineers.
(3)
All exterior electrical and/or plumbing lines shall be buried
below the surface of the ground and shall be placed in conduit.
(4)
All solar energy system components shall be clearly labeled
with a warning concerning voltage and other important electrical safety
information.
(5)
Any trees to be removed shall be accompanied by a plan demonstrating
the need to remove trees. An applicant shall locate a solar energy
system so that tree removal is not required to the extent practical.
(6)
Access, pathways and smoke-ventilation space.
(a)
A three-foot setback from all roof edges shall be provided for
roof-mounted solar panels to ensure that firefighters may access the
roof in a quick and safe manner.
(b)
A three-foot setback along the roof ridgelines shall be provided
for roof-mounted solar panels to allow available space for firefighters
to penetrate the roof to create ventilation.
(c)
A one-and-five-tenths-foot setback from all roof hips and valleys
shall be provided for roof-mounted solar panels to ensure that firefighters
may access the roof in a quick and safe manner if solar panels are
installed on both sides of the roof hip or valley.
(d)
As an alternative to providing the specified solar panel setbacks
to roof edges, ridges, hips and valleys for roof access, a building-specific
roof-mounted solar panel arrangement may be permitted with conditional
use approval, subject to demonstration by the applicant of sufficient
room for smoke ventilation between solar panels and adequate access
pathways between solar panels along the horizontal and vertical axes
of the roof. As part of the application for conditional use approval
for building-specific roof access, an applicant shall submit a building-specific
roof access plan showing the solar panel arrangement on the roof,
smoke-ventilation areas, and access pathways. A building-specific
roof access plan shall consider the following criteria:
[1]
There shall be at least one three-foot clear access pathway
from the eave to the ridge on each roof slope where solar panels are
located.
[2]
Solar panels may be installed along the roof slope up to the
ridge when an adequate alternative smoke-ventilation method is provided.
[3]
Roof access points shall be provided in areas that do not require
the placement of ladders from the ground to the roof over building
openings such as windows and doors.
[4]
Roof access points shall not be placed in locations where the
access point may conflict with overhead obstructions such as tree
limbs, wires, or signs.
[5]
Pathways between solar panels shall be provided to ensure thorough
access to the roof and to provide emergency egress from the roof.
[6]
All solar panels shall be mounted in accordance with the listed
installation instructions of the system.
(e)
Nonhabitable structures. Nonhabitable structures are not subject
to the roof access, pathway, and smoke-ventilation requirements of
this section. Nonhabitable structures include, but are not limited
to, accessory detached garages, barns, and sheds.
C.
Operation and performance standards.
(1)
Solar energy systems shall be operated in compliance with all
federal, state, and local laws and regulations.
(2)
Solar panels shall be positioned to prevent solar glare or additional
heat load upon any neighboring properties.
(3)
Solar energy systems shall not be used to display advertising
or decoration, including signage, streamers, pennants, spinners, reflectors,
ribbons, tinsel, balloons, flags, banners, lights, or similar items.
Manufacturer's and equipment information, safety warnings, and ownership
information may be displayed on solar energy system equipment, provided
such information complies with applicable sign regulations.
(4)
Owners of solar energy systems are encouraged but not required
to obtain solar easements from neighboring landowners to ensure solar
access. The Township does not guarantee and will not protect any individual
property rights with respect to solar access.
D.
Decommissioning requirements.
(1)
If a solar energy system remains nonfunctional or inoperative
for a continuous period of one year, the system may be deemed to be
abandoned and may constitute a public nuisance as determined by the
Township Zoning Officer, with the exception of BIPV systems. If deemed
abandoned or a public nuisance, the owner shall remove the system
within six months of abandonment, after a demolition permit has been
obtained, in accordance with the following:
(2)
When a ground-mounted or freestanding solar energy system is
removed, any disturbed earth as a result of the removal of the system
shall be restored, graded and reseeded.
Solar energy facilities are permitted as a conditional use on
parcels over 10 acres. The conditional use regulations, requirements
and restrictions set forth below in this article shall apply to solar
energy facilities in addition to those regulations, requirements and
restrictions of the underlying zoning district:
A.
Lot, yard and bulk requirements.
(1)
Setback restrictions.
(a)
Solar energy facility components shall not be located within
any required primary use setback.
(b)
Solar energy facility components shall not encroach upon any
right-of-way or easement, including but not limited to water, stormwater,
sanitary sewer, natural gas, telephone, and electrical easements.
(c)
Solar energy facility components shall not encroach upon any
stormwater management facility.
(2)
Height restrictions.
(a)
Building-mounted solar energy facilities, other than a building-integrated
system, shall not exceed the maximum height restriction imposed upon
principal and accessory structures and uses within the applicable
zoning district. For purposes of height measurement, building-mounted
solar energy systems shall be considered equipment or mechanical devices
and are restricted consistent with the height limitations applicable
to other building-mounted equipment or mechanical devices in the zoning
district in which the solar energy system is located.
(b)
Ground-mounted or freestanding solar energy facilities shall
not exceed the applicable maximum accessory structure height in the
zoning district in which the solar energy facility is located.
(3)
Impervious coverage.
(a)
For purposes of determining compliance with building coverage
standards of the applicable zoning district, the total horizontal
projection area of all ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, inverters and
solar hot-air or -water collector devices, shall be considered pervious
coverage so long as pervious conditions are maintained underneath
the solar photovoltaic cells, panels, arrays and solar hot-air or
-water collector devices.
B.
Design and installation requirements.
(1)
Solar energy facilities shall be installed in compliance with
all applicable building and construction codes, including regulations
with respect to floodplain management and stormwater management.
(2)
The design and installation of solar energy facilities shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories (UL),
the American Society for Testing and Materials (ASTM), and other similar
certifying organizations, and shall comply with applicable construction
and building codes with all other applicable fire and life safety
requirements.
(3)
All exterior electrical and/or plumbing lines shall be buried
below the surface of the ground and shall be placed in conduit.
(4)
All solar energy facility components shall be clearly labeled
with a warning concerning voltage and other important electrical safety
information.
(5)
Solar panels shall be positioned to prevent solar glare upon
any neighboring properties or any public or private street and to
prevent additional heat load upon neighboring properties.
(6)
All equipment for solar energy facilities, including any structure
for batteries or storage cells, shall be completely enclosed by a
minimum of eight-foot-high fence with a self-locking gate.
(7)
The applicant will provide a stormwater management plan for
the facility that will minimize the impact of stormwater leaving the
site through the use of stormwater BMPs.
C.
Operation and performance standards.
(1)
Solar energy facilities shall be operated in compliance with
all federal, state, and local laws and regulations.
(2)
Solar energy facilities shall not be used to display advertising
or decoration, including signage, streamers, pennants, spinners, reflectors,
ribbons, tinsel, balloons, flags, banners, lights or similar items.
Manufacturers and equipment information, safety warnings, and ownership
information may be displayed on solar energy facility equipment, provided
such information complies with applicable sign regulations.
(3)
Owners of solar energy facilities are encouraged but not required
to obtain solar easements from neighboring landowners to ensure solar
access. The Township does not guarantee and will not protect any individual
property rights with respect to solar access.
(4)
The applicant shall provide proof that all necessary interconnection
agreements have been finalized.
(5)
The grazing of animals, to include but not be limited to sheep
and goats, to control vegetation growing underneath solar arrays is
permitted as customarily incidental to a solar energy facility principal
use, subject to the lot size requirements specified in the chapter
or by state, federal, or local law.
D.
Decommissioning requirements.
(1)
If a solar energy facility remains nonfunctional or inoperative
for a continuous period of one year, the facility shall be deemed
to be abandoned and shall constitute a public nuisance, unless the
owner demonstrates a good-faith intent to sell the facility. Within
six months of abandonment, the owner shall remove the system, after
a demolition permit has been obtained, in accordance with the following:
(2)
When a solar energy facility is removed, any disturbed earth
as a result of the removal of the system shall be restored, graded
and reseeded.
A.
Permitting.
(1)
It shall be unlawful to install a new wind energy system or
modify an existing wind energy system without a valid permit.
(2)
Any relocation of the proposed wind energy system from the permitted
location must be submitted in writing and approved by the Township.
(3)
If the wind energy system is not installed and functioning within
three years from the permit issuance date, the approval to construct
shall expire.
(4)
The zoning permit application shall be accompanied by a plot
plan which includes the following information:
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimensions, and types of existing major structures
on the property.
(c)
Location of the proposed wind energy system tower.
(d)
The right-of-way of any public road that is contiguous with
the property.
(e)
Any public overhead utility lines or easements.
(f)
Wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed),
and any manufacturer-recommended installation and maintenance standards.
(5)
Applications for roof-mounted (or other nontraditionally mounted)
wind energy systems must include a wet-stamped/sealed/certified structural
engineering analysis for the turbine mounting system and for the suitability
of the building to which the turbine is to be mounted.
B.
Height and setbacks.
(1)
The base of the tower shall be set back from all property lines,
public rights-of-way, designated important bird areas, and overhead
public utility lines a distance equal to 1.1 times the total extended
height.
(2)
Ground-mounted wind energy systems are prohibited outside of
the permitted building envelope for the zoning district in which the
system is located. Ground-mounted wind energy systems and/or their
components are also prohibited in front yards, side yards, and along
any street frontage, and may be located in a rear yard only, within
a permitted building envelope.
(3)
Ground-mounted wind energy systems shall not encroach upon any
right-of-way or easement, including but not limited to water, stormwater,
sanitary sewer, natural, gas, telephone and electrical easements.
(4)
Ground-mounted wind energy systems shall not encroach upon any
stormwater management facility.
(5)
Ground-mounted wind energy systems shall not exceed 54 feet
in height, subject to compliance with sound and setback requirements
and Federal Aviation Administration regulations.
C.
Aesthetics.
(1)
The wind energy system components shall be of a neutral color,
such as white, off-white, or gray.
(2)
The wind energy system shall not be artificially lighted, unless
required by Federal Aviation Administration regulations.
(3)
The wind energy system shall not display advertising, except
for reasonable identification of the turbine manufacturer and any
required safety warnings.
(4)
All wiring between the wind turbine and any structure shall
be buried below the surface of the ground.
E.
Safety.
(1)
All wind energy systems shall be equipped with manual —
electronic or mechanical — and automatic overspeed controls
to limit the blade rotation speed to within the design limits of the
wind energy system.
(2)
Horizontal-axis wind turbines shall not be climbable up to a
minimum of 15 feet above grade level and shall have a minimum blade
clearance of 25 feet.
(3)
For lattice towers, sheets of metal or wood shall be fastened
to the lower part of the tower to cover all hand- and footholds up
to a height of 10 feet above grade level or to the lowest point of
the rotor diameter, whichever is shorter.
(4)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(5)
Display "Danger-High Voltage" or "Caution-Electrical Shock Hazard"
signs to the sides of the tower to be clearly visible from all directions.
F.
Shadow flicker.
(1)
All wind energy systems shall, to the extent feasible, be sited
to prevent shadow flicker on any adjacent properties as well as any
adjacent street rights-of-way.
G.
Decommissioning requirements.
(1)
If a wind energy system remains nonfunctional or inoperative
for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance as determined
by the Township Zoning Officer. The owner shall remove the system
within six months of abandonment, after a demolition permit has been
obtained, in accordance with the following:
(2)
When a ground-mounted wind energy system is removed, any disturbed
earth as a result of the removal of the system shall be restored,
graded, and reseeded.
A.
Permitting. It shall be unlawful to install a new geothermal well
or modify an existing geothermal well without a valid permit.
(1)
Prior to constructing a new geothermal well or modifying an
existing geothermal well, the property owner shall file all appropriate
applications with the municipality, county, or other regulating agency
and pay all applicable fees.
(2)
The application to construct or alter a geothermal well must
be filed on behalf of the current owner or equitable owner.
(3)
The Township shall approve or deny the application within 15
working days of receipt of a complete application and the appropriate
fee. The Township must field-verify the location of the proposed geothermal
well(s) and all applicable isolation distances. When the Township
has found an application to be incomplete, or the Township is unable
to verify the information submitted, the applicant shall be notified,
in writing, that additional information or clarification is required.
The Township's time for acting upon a permit shall be extended 15
days beyond the date of receipt of the supplementary or amendatory
information.
(4)
Any relocation of the proposed geothermal well site from the
permitted location must be submitted in writing and approved by the
Township.
(5)
If geothermal well construction is not completed in three years
from the permit issuance date, the approval to construct shall expire.
(6)
All geothermal well applications must include the following
information:
(a)
Applicant name and signature, address, and telephone number.
(b)
Site address, subdivision name, lot number, and municipality.
(c)
Driller name, PADCNR license number, and telephone number.
(d)
Tax parcel number.
(e)
Description of construction.
(f)
Plot plan including:
[1]
Property lines, lot dimensions, slope direction, adjacent streets,
and reference to north.
[2]
Marked distances from the proposed geothermal well to any existing
and proposed water supplies, buildings, driveways, parking areas,
two nonparallel property lines, retention areas, surface waters, chemical/fuel
storage areas, and any other feature that requires an isolation distance
as defined in this article.
B.
Geothermal system standards.
(1)
Geothermal wells shall be constructed to the standards outlined
in the Montgomery County Public Health Code, Chapter 17, "Individual
Water Supply, Irrigation Well, and Geothermal Well System Regulations."
(2)
All wells shall be constructed by a Pennsylvania Department
of Conservation and Natural Resources (DCNR) licensed water well driller
or an International Ground Source Heat Pump Association (IGSHPA) accredited
geothermal system installer.
(3)
Only closed-loop geothermal well systems or standing-column
geothermal well systems are allowed.
(4)
Open-loop geothermal well systems, except for standing-column
geothermal well systems, are prohibited. Separate supply and reinjection
wells are prohibited.
C.
Location of geothermal systems.
(1)
The applicant and/or well driller/installer is responsible for
ensuring maintenance of all isolation distances set forth in this
article.
(2)
Isolation distances. Minimum isolation distances shall be maintained
from the proposed individual geothermal well to the facilities listed
below.
|
Minimum Setback from Landmark or Borehole or Geothermal
Supply or Return Well
| ||||
|---|---|---|---|---|
|
Closed-Loop Systems
|
Standing-Column Well Systems
| |||
|
Delineated wetlands, floodplains, lakes, ponds, streams, or
other surface waters
|
12.5 feet*
|
25 feet*
| ||
|
Storm drains, retention basins, stormwater stabilization ponds,
or rainwater pits
|
12.5 feet*
|
25 feet*
| ||
|
Community spray irrigation site, sewage sludge and septic disposal
site
|
50 feet*
|
100 feet*
| ||
|
Farm silos, barnyards, manure pits or tanks or other storage
areas of animal manure
|
100 feet*
|
200 feet*
| ||
|
Subsurface sewage absorption areas, elevated sand mounds, cesspools,
sewage seepage pits, single-family spray irrigation system, etc.
|
50 feet*
|
100 feet*
| ||
|
Septic tanks, aerobic tanks, sewage pump tanks, holding tanks
|
25 feet*
|
50 feet*
| ||
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste (unless item below applies):
|
25 feet*
|
50 feet*
| ||
|
A.
|
Gravity sewer lines and drains using cast-iron pipe with watertight
lead-caulked or neoprene-gasketed joints, or Schedule 40 PVC pipe
with solvent-welded joints
|
5 feet*
|
10 feet*
| |
|
B.
|
Sewer lines and drains carrying domestic sewage or industrial
waste under pressure (except welded steel pipe or concrete-encased
pipe).
|
25 feet*
|
50 feet*
| |
|
Commercial preparation area or storage area of hazardous spray
materials, fertilizers or chemicals, salt piles
|
150 feet*
|
300 feet*
| ||
|
Existing water and forced sewer buried utilities and/or utility
trenches
|
15 feet or outside easement
| |||
|
Dedicated public right-of-way and property lines
|
10 feet
| |||
|
Building foundations (except buildings enclosing water wells
and/or water well pumps)
|
10 feet
| |||
|
Identified NPL (Superfund) site plume area
|
300 feet
| |||
|
Any other source or potential source of pollution
|
As approved
| |||
|
NOTES:
| ||
|---|---|---|
|
*
|
These amounts are the minimum isolation distances required by
Montgomery County Health Department (MCHD) Code § 17-7.
Any deviation or modification from these isolation distances must
be reviewed and approved by the MCHD.
| |
(3)
Any proposed deviation or modification from the above-listed
isolation distances must be submitted in writing to the Township,
and the Montgomery County Health Department (MCHD), if applicable,
stating reasons for such deviation or modification. Upon review of
the material, the proposed deviation may be granted by the MCHD. If
the MCHD approves of the deviation, additional conditions may be required
prior to permit issuance. These conditions may also be applied to
isolation distances unable to be determined by the applicant. The
Township should be supplied a copy of the MCHD decision.
D.
Installation and maintenance.
(1)
The geothermal system must be designed and installed in conformance
with IGSRPA Heat Pump Systems Design and Installation Standards, as
same may be amended and updated from time to time.
(2)
All geothermal systems shall be properly maintained in accordance
with manufacturer's specifications, the installer's specifications,
and any applicable federal, state, and local laws.
E.
Compliance with other regulations.
(1)
If any provision of this section conflicts with any applicable
county, state, or federal law, rule, or regulation which is more strict
or which is determined to preempt a provision of this section, the
applicable county, state, or federal requirement shall control.
F.
Decommissioning requirements.
(1)
Upon decommissioning, all abandoned wells must be immediately
filled and sealed according to the PADEP/DCNR Water Well Abandonment
Guidelines. A copy of the PADEP/DCNR water well abandonment form shall
be submitted to MCHD within 30 days of abandonment.
(2)
Any and all heat transfer fluid must be removed by displacement
with grout. The top of the borehole must be uncovered and capped with
grout in a manner acceptable to the Township and MCHD.
(3)
If the applicant/homeowner chooses not to abandon the well,
a nonabandonment declaration must be signed and submitted to MCHD
within 30 days.
(4)
Abandonment procedures may be subject to MCHD inspection.
