[Ord. 260, 1/18/2011]
The purpose of this Part is to promote the use of alternative
energy resources and to provide for the land development, installation
and construction regulations for alternative energy systems in the
Township of East Rockhill subject to reasonable conditions that will
protect the public health, safety and welfare.
1.
This Part applies to the alternative energy systems described herein
to be installed and constructed after the effective date of this Part
and all applications for such alternative energy systems on existing
structures or property. Alternative energy systems constructed prior
to the effective date of this Part shall not be required to meet the
requirements of this Part, unless otherwise stated herein, provided
that any structural change, upgrade or modification to an existing
alternative energy system that materially alters the size or placement
of the existing alternative energy system shall comply with the provisions
of this Part.
2.
Alternative energy systems may be erected, altered, maintained, used,
or moved within the Township only when in accordance with the provisions
of these regulations and any other applicable Township ordinances
and regulations.
3.
No person shall install, construct, or modify an alternative energy
system without first obtaining from the Township the necessary permits
and after paying the requisite fees.
4.
All alternative energy systems shall primarily serve on-site energy
needs, unless otherwise approved by the East Rockhill Township Board
of Supervisors.
5.
All alternative energy systems shall be considered accessory uses
to the principal use on the property.
6.
Applications for alternative energy systems shall also comply with
all applicable East Rockhill Township Zoning and/or Subdivision and
Land Development Ordinance regulations.
[Ord. 260, 1/18/2011]
As used in this Part, the following terms shall have the meanings
indicated:
A ground-source heat pump, wind energy system, solar energy
system, and/or outdoor solid-fuel-burning appliance.
A wind energy system facility designed to be permanently
mounted on a building or other inhabitable structure, including wind
turbines of any rated nameplate capacity designed to be operated in
direct contact with a building. Other wind energy system facilities
primarily used for land-based applications which may be permanently
mounted and operated on a building are also included in this definition.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor solid-fuel-burning appliance.
Wood that does not have paint, stains, or other types of
coatings, and wood that has not been treated with substances, including
but not limited to copper arsenate, creosote, or pontachlorophenol,
and wood pellets made from clean wood.
A system that circulates an approved heat transfer fluid
through pipes or coils buried beneath the land surface or anchored
to the bottom in a body of water.
Water for household purposes, such as drinking, food preparation,
bathing, washing clothes and dishes, flushing toilets, and watering
lawns and gardens; also called "residential water use." The water
may be obtained from a public supply or may be self-supplied.
An outdoor solid-fuel-burning appliance that has been EPA
OWHH Phase 2 Program qualified. The model has met the EPA OWHH Phase
2 Program particulate matter emission limits and is identified with
the proper qualifying label and identification.
(Also known as "geothermal energy system") — A system
that uses the relatively constant temperature of the earth or a body
of water to provide heating in the winter and cooling in the summer.
System components include closed loops of pipe, coils or plates; an
approved fluid that absorbs and transfers heat; and a heat pump unit
that processes heat for use or disperses heat for cooling; and an
air-distribution system. Open-loop ground-source heat pump systems
are not permitted in East Rockhill Township.
A Township-approved, nontoxic and food-grade fluid such as
potable water or other fluid approved by the Township for use in an
outdoor solid-fuel-burning appliance.
A closed-loop ground-source heat pump system where the loops
or coils are installed horizontally in a trench or series of trenches
no more than 20 feet below the land surface.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
A system that uses groundwater as a heat transfer fluid by
drawing groundwater from a well to a heat pump and then discharging
the water over land, directly in a water body or into an injection
well. Open-loop ground-source heat pump systems are not permitted
in East Rockhill Township.
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, and not situate within a building intended for
habitation by humans or domestic animals, which is used for the primary
purpose of combustion of fuel to produce heat for energy as a heating
system, or component thereof, which provides heat or hot water to
the principal structure on the property, to a structure used for human
or animal habitation on the property, or to any accessory uses or
structures, including but not limited to greenhouses, conservatories
and swimming pools located on the property.
The visible flicker effect from a wind energy system when
rotating turbine blades cast shadows on the ground and nearby structures
causing the repeating pattern of light and shadow.
A device or combination of devices, structure(s), or part
of a device or structure that transforms direct solar energy into
thermal, chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
Radiant energy (direct, diffuse, and/or reflected) received
from the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage,
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy,
heat water, or produce hot air or perform any other similar function
by way of a solar energy system.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
A structure which contains the blades and hub that are used
to capture wind for purposes of energy conversion. The wind rotor
is usually located on a tower and, along with other generating and
electrical storage equipment, forms the wind energy system facility.
A closed-loop ground-source heat pump system where the loops
or coils are installed vertically in one or more borings below the
land surface.
An electric-generating system, whose main purpose is to supply
electricity, consisting of one or more wind turbines and other accessory
structures and buildings, including substations, metrological towers,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
[Ord. 260, 1/18/2011]
1.
Solar energy systems include any solar collector or other solar energy
device, or any structural design feature whose primary purpose is
to provide for the collection, storage, and distribution of solar
energy for space heating or cooling, for water heating or for electricity
generation primarily for the structure(s) located on the property
wherein the solar energy system is located. Solar energy systems shall
not be the primary use of the property. Solar energy systems may be
mounted on a building as a roof array or on the ground. Solar energy
systems may include solar panels which, for purposes of this section,
are structures containing one or more receptive cells, the purpose
of which is to convert solar energy into usable energy by way of a
solar energy system. The following requirements shall apply, as applicable,
to solar energy systems:
A.
No person shall install, construct, place and/or replace a solar
energy system within East Rockhill Township without first applying
for and receiving the appropriate permit from the Township and paying
the requisite permit fee in full. No permit for such a solar energy
system shall be issued until the plans and specifications have been
approved by the Code Enforcement Officer and/or Township Engineer
in accordance with this Part and all other requisite approvals needed
under the Township Code of Ordinances have been secured.
B.
The solar energy system shall comply with the applicable area and
dimensional regulations of the zoning district in which the solar
energy system is installed if not otherwise specifically set forth
herein.
C.
No adjacent property owner shall be required to remove or cut any
plant, bush, crop, or tree, nor shall any solar energy system be located
so that any reflection is directed toward an adjoining property.
D.
Ground Arrays. Solar panels shall be permitted as ground arrays in
accordance with the following:
(1)
Ground array solar panels shall be subject to a seventy-five-foot
setback from any property line, provided that no solar panel shall
be located closer to the property line than 1.1 times the height of
the solar panel.
(2)
Ground arrays shall not be permitted in a front yard.
(3)
Ground arrays shall be located and angled so that any reflection
is directed away or is properly buffered from an adjoining property.
(4)
The highest point of a ground array structure shall not exceed
a height of 20 feet.
E.
Roof Mounts. Roof-mounted solar panels subject to the provisions
of this section are permitted in accordance with the following:
(1)
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure with no additional
apparent change in relief or projection (the preferred installation),
or separate flush-mounted solar panels attached to the roof surface.
(a)
Any roof-mounted solar panels
that are not integrated and/or separate flush-mounted shall comply
with the following additional requirements and restrictions:
[1]
Such other roof-mounted solar panels shall only
be located on a rear- or side-facing roof, as viewed from any adjacent
street.
[2]
Such other roof-mounted solar panels shall not
exceed a height of three feet from the rooftop at any point. Solar
panels installed on a building or structure with a sloped roof shall
not project vertically above the peak of the roof to which they are
attached or project vertically more than three feet above a flat roof
installation.
[3]
The applicant shall demonstrate to the satisfaction
of the Township that the proposed use of roof-mounted solar panels
is the only effective or possible means for utilizing solar energy
on the property. Such information shall be certified by a professional
deemed qualified by the Board of Supervisors and may be reviewed by
any other Township professional that the Board of Supervisors deems
necessary.
(2)
No roof-mounted array shall exceed 35 feet in height, or the
maximum height requirement of the zoning district wherein it is located,
whichever is more restrictive.
(3)
All roof installations shall require a structural analysis of
the roof to certify the structural integrity of the roof for the proposed
installation.
F.
The installation of a solar energy system shall conform to the Pennsylvania
Uniform Construction Code, as amended, and to all other applicable
regulations and industry standards, including those of the American
National Standards Institute. Manufacturer's data and certificates
of design compliance shall be submitted with the permit application
and plan.
G.
All wiring shall comply with the applicable version of the National
Electrical Code (NEC), as amended. The local utility provider shall
be contacted by the owner of the subject property to determine grid
interconnection and net metering policies.
H.
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
I.
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
J.
Mechanical equipment associated with and necessary for the operation
of the solar energy system shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery and trees acceptable to the Township
and/or Township Engineer and arranged in an informal manner.
K.
All solar energy system operators and owners must comply with any
and all federal, state, and local regulations pertaining to solar
energy and its collection for personal use.
L.
If any of the requirements herein conflict with federal and/or state
requirements, then the federal and/or state requirements shall govern,
unless the requirements of this Part are more stringent, in which
case this Part shall govern.
M.
This Part applies to solar energy systems to be installed and constructed
after the effective date of this part and all applications for solar
energy systems on existing structures or property. Solar energy systems
constructed prior to the effective date of this Part shall not be
required to meet the requirements of this Part; provided, however,
that any structural change, upgrade or modification to an existing
solar energy system that materially alters the size or placement of
the existing solar energy system shall comply with the provisions
of this section.
N.
All solar energy system contractors applying for permits must submit
proof of appropriate insurance in a manner, form and amount acceptable
to the Township.
[Ord. 260, 1/18/2011]
1.
No person shall install, construct, place and/or replace a wind energy
system within East Rockhill Township without first applying for and
receiving the appropriate permit from the Township and paying the
requisite permit fee in full. No permit for such a wind energy system
shall be issued until the plans and specifications have been approved
by the Code Enforcement Officer and/or Township Engineer in accordance
with this Part and all other requisite approvals needed under the
Township Code of Ordinances have been secured.
2.
There shall be a maximum of one wind energy system on a single parcel
of property.
3.
Wind energy systems shall be set back from the nearest property line
a distance of not less than the normal setback requirements for that
zoning district or 1.1 times the overall height of the wind energy
system, whichever is greater.
4.
Wind energy systems shall not be located less than 100 feet from
overhead utility and/or transmission lines.
5.
Wind energy systems shall not be located less than 300 feet from
a street right-of-way line.
6.
Wind energy systems shall not be located less than 300 feet from
a neighboring off-site dwelling unit and/or structure.
8.
The maximum height of all wind energy systems, including all moving
and rotating parts, shall be 65 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,
unless a greater restriction is imposed by FAA regulations.
9.
The maximum wind energy system blade diameter shall be 30 feet.
10.
The minimum distance between the undisturbed ground at the base of
the wind energy system and any protruding blade shall be 15 feet,
as measured at the lowest point of arc of the blades.
11.
The operation of a wind energy system shall comply with all nuisance,
noise and/or other applicable regulations of the Code of Ordinances
of East Rockhill Township.
12.
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height, must not be located in any
required front, side and/or rear yards under the Township Zoning Ordinance
and shall be screened with plantings acceptable to the Township and/or
Township Engineer, and such plantings shall be arranged in an informal
manner.
13.
Wind turbines shall be a nonobtrusive, nonreflective color, such
as white, off-white or gray in order to blend the system into the
natural setting and existing environment.
14.
The owner of the wind energy system shall comply with all noise regulations
of the Township and make every effort possible to prevent shadow flicker
to any occupied building on a nonparticipating landowner's property.
Shadow flicker at any occupied building on any adjacent property caused
by a wind energy system located within 1,000 feet of the occupied
building shall not exceed 30 hours per year.
A.
Noise and/or shadow flicker provisions may be waived if the following
conditions are met:
(1)
Property owners may waive the noise and/or shadow flicker provisions
of this Part by signing a waiver of their rights. The waiver shall
describe the properties benefited and burdened and advise all subsequent
purchasers of the burdened property that the waiver of sound or flicker
limit shall run with the land and may forever burden the subject property.
(2)
The written waiver shall notify applicable property owner(s)
of the noise and/or flicker limits required by this Part, describe
how the wind energy system is not in compliance, and state that consent
is granted for such noncompliance.
(3)
Any such waiver shall be signed by the applicant and the adjacent
landowner(s) and recorded in the Bucks County Recorder of Deeds'
office.
15.
Operation of a wind energy system shall comply with all other applicable
ordinances of the East Rockhill Township Code of Ordinances.
16.
The use of the wind energy system shall not interfere with the reception
of any radio, television or other communication equipment and shall
also not inhibit solar access to adjacent properties; and the owner
of the wind energy system shall be required to mitigate any such interference
caused by the operation of the wind energy system.
17.
The applicant shall demonstrate that any noise emanating from the
wind energy system complies with all Township noise regulations set
forth within the East Rockhill Township Code of Ordinances, unless
the requisite waiver is received.
18.
No artificial lighting (unless required by the Federal Aviation Administration),
signage (with the exception of warning signage at the base of the
tower), or any forms of advertising shall be utilized or attached
to the wind energy system.
19.
All ground-mounted electrical and control equipment shall be labeled
or secured to prevent unauthorized access. The tower shall not provide
steps or a ladder readily accessible to the public for a minimum height
of 15 feet above the ground surface. All wind energy systems and associated
buildings shall be enclosed by a fence, of a type and manner acceptable
to the Township, at least four feet in height and located at least
five feet from the base. All access doors and gates shall be locked
to prevent entry by nonauthorized persons.
20.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
21.
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
guy wires up to a height of 10 feet from the ground.
22.
All wind energy systems shall be equipped with a redundant braking
system. This includes both aerodynamic overspeed controls (including
variable pitch, tip and other similar systems) and mechanical brakes.
Mechanical brakes shall be operated in a fail-safe mode. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
23.
All proposed wind energy systems, whether freestanding or attached
to another structure, shall be designed and engineered to provide
for safe operation. Detailed engineering plans, prepared by a licensed
professional engineer, shall be submitted with applications for approval.
If an attached system is proposed, these engineering studies shall
demonstrate to the satisfaction of the Township that the wind energy
system shall not compromise the structural integrity of the building
to which it is attached.
24.
Landscaping acceptable to the Township and/or Township Engineer shall
be required to help screen the wind energy system and related features.
25.
Design and location of a wind energy system shall consider, to the
greatest extent possible, the aesthetics of the surrounding environment.
In no case shall a device be attached to a structure listed on any
Registry of Historic Structures. The Township may require submission
of illustrations and photos depicting the color, size, shape, and
architectural features of the proposed wind energy system, together
with a submission of color photographs of the proposed tower location
taken from view of all adjoining properties and roads.
26.
All electrical wiring and/or utility and transmission lines, 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 and the Township.
27.
A wind energy system, including the tower, shall comply with all
applicable state construction and electrical codes, the Pennsylvania
Uniform Construction Code ("UCC") and the National Electrical Code,
as amended. Prior to issuance of a permit for the installation of
the 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 UCC, including
but not limited to documentation of the structural integrity of the
foundation, base, tower, and all appurtenant structures and the electrical
design. Design information must be certified by a licensed professional
engineer in the Commonwealth of Pennsylvania and/or the equipment
manufacturer.
[Ord. 260, 1/18/2011]
1.
Geothermal energy systems or ground-source heat pump systems (GSHP)
are grouped into two types: closed-loop and open-loop systems. The
closed-loop systems circulate a fluid through a subsurface loop of
pipe and then to the heat pump. Open-loop systems circulate groundwater
to the heat pump and then discharge it. Closed-loop systems are permitted
within East Rockhill Township with the appropriate permit. Open-loop
systems are not permitted in East Rockhill Township.
A.
No person shall: (1) construct or install a GSHP; (2) dig, bore,
drill, replace, modify, repair and/or destroy a well that is, is intended
to be, or was part of a GSHP; or (3) make any other excavation that
may intersect groundwater without first applying for and obtaining
the appropriate permit from the Township and paying the requisite
permit fee in full. A permit is required for any GSHP within East
Rockhill Township. Only closed-loop systems are permitted within East
Rockhill Township. No open-loop system shall be permitted within East
Rockhill Township. Application for a permit for the drilling of a
well and/or the installation and/or construction of a GSHP shall be
made to the Township Code Enforcement Officer. No permit for such
a well and/or GSHP shall be issued until the plans and specifications
have been approved by the Code Enforcement Officer and/or Township
Engineer in accordance with this Part and all other requisite approvals
needed under the Township Code of Ordinances have been secured. A
site plan shall be submitted with the application for a GSHP and shall
include the following:
(1)
Type of GSHP being proposed.
(2)
Type of piping and fluid proposed for the GSHP.
(3)
Type of grouting used for the GSHP.
(4)
Location and catalog of all trees within 25 feet of the proposed
GSHP.
(5)
Location of all municipal and private stormwater facilities
within 500 feet of the proposed GSHP.
(6)
Location and type of all underground utilities, and all above-ground
utilities, with clearance to overhead obstructions within 25 feet
of the proposed GSHP.
(7)
Location of all existing and proposed water supply wells and
septic systems within 200 feet of the proposed GSHP.
(8)
Location of all other existing and proposed GSHPs and distances
to the buildings being served.
(9)
Statement of the method to protect curbs, sidewalks, and driveways
during construction of the GSHP, as applicable.
(10)
For existing developed sites, statement of the proposed method
of entry and exit from the site for drilling equipment, and a plan
to prevent soil/dirt from getting onto Township roads and/or a plan
to remove such soil/dirt.
(11)
Location of any surface water body, including wetland, watercourse,
or pond within 100 feet of the proposed GSHP.
(12)
Location of all natural resources and other protected land within
25 feet of the proposed GSHP, including but not limited to required
open space, steep slopes, floodplains, woodlands and wetlands.
B.
GSHP systems shall be designed and constructed in accordance with
the International Ground Source Heat Pump Association (IGSHPA) Installation
Standards, as amended, and found at Section 6.3, References, of the
Ground Source Heat Pump Manual of the Pennsylvania Department of Environmental
Protection, as amended.
C.
The perimeter of the GSHP subsurface loops shall meet the following
minimum isolation requirements:
(1)
One hundred feet from any existing or proposed drinking water
wells.
(2)
Twenty-five feet from any existing or proposed individual or
community on-lot sewage disposal system, including any primary or
alternate drainfield sites.
(3)
Twenty-five feet from property lines and rights-of-way.
(4)
Twenty-five feet from existing or proposed structures.
D.
The subsurface loop of the GSHP system must comply with the following:
(1)
The subsurface loop piping must be made of polyethylene or a
similar substitute material approved by the Township. All joints shall
be sealed by heat fusion or IGSHPA-certified process.
(2)
GSHP systems shall be equipped with an automatic shutdown device
to prevent circulating fluids or oil leaks from migrating.
(3)
Visual and audible alarms shall be installed in the building
or structure in the event of a system malfunction or leakage.
(4)
Warning labels shall be prominently posted near the interior
mechanical system.
(5)
Only water or a mixture of water and food-grade propylene glycol
that is specifically approved by the Township may be used as the circulating
fluid within the GSHP.
E.
A written plan shall be submitted to the Township and provide for
the operation and periodic inspection of the GSHP system and should
include:
(1)
Provisions for any GSHP system leaks or releases to be reported
by the owner to the Township and local Police Department within two
hours of the discovery, and the owner shall covenant and agree to
take all necessary action to minimize any fluid release to the ground
and to promptly repair any system leaks.
(2)
A system closure plan for use in the event of the discontinuance
of the use of the GSHP system.
F.
The installation specifications and drawings for the GSHP system
shall be submitted to and reviewed by the Code Enforcement Officer
and/or Township Engineer.
G.
GSHP well drilling shall only be undertaken by a Pennsylvania-licensed
well driller.
H.
Wells shall be grouted to protect against degradation or contamination
of the groundwater or intermingling of separate aquifers in accordance
with the procedures recommended by the IGSHPA.
I.
Prior to activation of a GSHP system, the Pennsylvania-licensed well
driller and/or system installer shall provide to the Township:
J.
The depth of the tubing or heat transfer element must be at least
30 inches below the surface of the ground.
K.
Ground-source heat pump systems shall not encroach on public drainage
and/or stormwater, utility, roadway or trail easements.
L.
The GSHP shall be properly maintained in accordance with manufacturer's
specifications, the installer's specifications, and any applicable
federal, state and local laws. The owner of the GSHP shall submit
an annual inspection report certifying the integrity of the system.
[Ord. 260, 1/18/2011]
1.
Any person desiring to install an outdoor solid-fuel-burning appliance
within East Rockhill Township shall be required to obtain the requisite
permit from the Township and shall pay the requisite fee. The permit
application shall be signed by all owners of the property on which
the outdoor solid-fuel-burning appliance will be located and the contractor
installing the appliance. No permit for such an outdoor solid-fuel-burning
appliance shall be issued until the plans and specifications have
been approved by the Code Enforcement Officer and/or Township Engineer
in accordance with this Part and all other requisite approvals needed
under the Township Code of Ordinances have been secured.
2.
The requirements set forth in this section do not apply to the following:
3.
Unless specific written approval has been obtained from the Township
and Pennsylvania Department of Environmental Protection (PADEP), the
following materials may not be burned in an outdoor solid-fuel-burning
appliance (appliance) under any circumstances:
A.
Rubbish or garbage, including but not limited to food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction and demolition debris or other household
or business wastes.
B.
Waste oil or other oily wastes, except used oil burned in a heating
device for energy recovery subject to applicable PADEP regulations.
C.
Asphalt and products containing asphalt.
D.
Treated or painted wood, including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives, or any other wood that does not meet the
definition of "clean wood."
E.
Any plastic material, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, films and containers.
F.
Rubber, including tires and synthetic rubber-like products.
G.
Any material that is not recommended for burning by the manufacturer
of the appliance.
H.
Newspaper, cardboard, particleboard or any paper with ink or dye
products.
I.
Lawn clippings or yard waste.
J.
Any hazardous waste.
K.
Coal.
L.
Manure.
M.
Waste petroleum products.
4.
Fuel burned in any new or existing outdoor solid-fuel-burning appliance
shall only be clean wood, natural untreated wood, wood pellets from
clean wood, approved corn products, approved biomass pellets or other
fuels specifically permitted by the Township and the manufacturer's
instructions.
5.
No person shall install an outdoor solid-fuel-burning appliance that
is not an EPA OWHH Phase 2 Program qualified appliance.
6.
No outdoor solid-fuel-burning appliance shall be located on a lot
consisting of less than one acre.
7.
No outdoor solid-fuel-burning appliance shall be located less than
150 feet from any property and/or lot line.
8.
No outdoor solid-fuel-burning appliance shall be located less than
200 feet from any occupied structure not located on the lot on which
the appliance will be located.
9.
The applicant shall provide documentation confirming that the manufacturer
certifies that the proposed chimney height is safe and appropriate
for the proposed use and location. The maximum height of the outdoor
solid-fuel-burning appliance stack or chimney shall not exceed the
maximum height requirement in the specific zoning district wherein
the appliance is located.
A.
For new outdoor solid-fuel-burning appliances, no person shall install
such an appliance unless it has a permanently attached chimney with
a minimum chimney height of 10 feet above the ground and at least
two feet above the highest peak of any residence located less than
150 feet from the appliance, unless otherwise restricted by the manufacturer's
certification and/or approved by the Township.
B.
For existing outdoor solid-fuel-burning appliances that have been
the subject of a complaint and/or violate the Township's nuisance
regulations relating to smoke and/or odors, no person shall continue
to use or operate such an appliance until such nuisance has been resolved
and unless it has a permanent attached chimney with a minimum chimney
height of 10 feet above the ground and at least two feet above the
highest peak of any residence located less than 500 feet from the
appliance, unless otherwise restricted by the manufacturer's
certification and/or approved by the Township.
10.
No person shall use or operate a new or existing appliance unless
it complies with all existing federal, state and local regulations,
as applicable, including but not limited to the following:
A.
25 Pa. Code § 121.7, as amended, prohibition of air pollution.
B.
25 Pa. Code § 123.1, as amended, fugitive emissions.
C.
25 Pa. Code § 123.31, as amended, odor emissions.
D.
25 Pa. Code § 123.41, as amended, visible emissions.
E.
Section 8 of the APCA, 35 P.S. § 4008, as amended, Unlawful
conduct.
F.
Section 13 of the APCA, 35 P.S. § 4013, as amended, public
nuisances.
11.
All appliances shall be installed, operated, and maintained in strict
compliance with the manufacturer's instructions and guidelines
for the appliance. In the event that a conflict arises between the
manufacturer's instructions and regulations, and the regulations
contained in this Part, the stricter instructions and/or regulations
shall apply.
12.
All ashes or waste may be disbursed on the property where the appliance
is located unless otherwise prohibited by law. Any large accumulation
of ashes or waste must be disposed of in a manner approved by the
Township of East Rockhill and the Pennsylvania Department of Environmental
Protection.
13.
All appliances shall be used for the sole purpose of furnishing heat
and/or hot water to a dwelling or other structure, including residential
swimming pools, located on the property wherein the appliance is located.
14.
Outdoor solid-fuel-burning appliances shall be operated only between
September 1 and May 1 each year, unless otherwise approved by the
Township.
15.
Spark Arrestors. All outdoor solid-fuel-burning appliances shall
be equipped with properly functioning spark arrestors.
16.
Catalytic Converter. All outdoor solid-fuel-burning appliances installed
within East Rockhill Township must be equipped with a properly functioning
catalytic converter, unless otherwise approved by the Township.
17.
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an appliance shall be in conformity
with all applicable electrical and plumbing codes and, in the absence
of such code, in conformity with the manufacturer's installation
specifications.
18.
Standards for installation of an appliance shall also require the
outdoor solid-fuel-burning appliance to be installed upon a nominal
six-inch-thick permanent, reinforced cement pad in such dimension
so as to allow a minimum of six inches of exposed surface area along
the perimeter of the pad.
19.
All stacks or chimneys must be constructed to withstand high winds
or other related elements, as deemed necessary by the Township.
20.
The use of lighter fluids, gasoline or chemicals to start the appliance
is prohibited.
21.
The appliance shall be located on a property with due consideration
to prevailing wind conditions.
23.
Any resident who has secured a permit to install an outdoor solid-fuel-burning
appliance, in so doing will also be agreeing to allow the Township
Code Enforcement Officer or any other person designated by the Township
to inspect the appliance if a written complaint is filed relative
to a violation of this Part.
24.
The Township reserves the right to suspend the use of all outdoor
solid-fuel-burning appliances if weather conditions warrant, based
upon air quality warnings which may be issued by monitoring agencies.
25.
A permit issued pursuant to this Part and the use of the outdoor
solid-fuel-burning appliance may be suspended if any of the following
conditions occur and/or as the Code Enforcement Officer or other person
appointed by the Board of Supervisors to administer and enforce this
Part deems necessary to protect the public health, safety and welfare
of the residents of East Rockhill Township:
A.
Malodorous air contaminants from the appliance are detectable outside
the property of the person on whose land the appliance is located.
B.
The emissions from the appliance interfere with the reasonable enjoyment
of life on neighboring property.
C.
The emissions from the appliance caused damage to vegetation on neighboring
property.
D.
The emissions from the appliance are harmful to human or animal health.
E.
The burning of any material prohibited within this Part.
F.
Any other violation of this Part.
26.
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this Part and subject the property owner to the penalties
provided within this Part.
27.
If an outdoor solid-fuel-burning appliance is replaced or upgraded,
a permit shall be required pursuant to this Part.
28.
Outdoor solid-fuel-burning appliances shall be screened with plantings
acceptable to the Township and/or Township Engineer, and such plantings
shall be arranged in an informal manner.
[Ord. 260, 1/18/2011]
1.
If an alternative energy system remains nonfunctional or inoperative
for a continuous period of six months, the system shall be deemed
to be abandoned and constitute a public nuisance and shall thereafter
be removed by the property owner.
2.
The alternative energy system owner, at his/her sole expense, shall
complete decommissioning of the system within six months after the
end of the useful life of the system, or within six months of damage
which prevents the system from operating in a safe manner at full
capacity or according to industry standards.
3.
The owner shall remove the abandoned and/or decommissioned system
after a demolition or other requisite permit has been obtained from
the Township. Removal includes the entire structure, including foundations
to below natural grade, external mechanical equipment and transmission
equipment.
[Ord. 260, 1/18/2011]
1.
Permits. The appropriate permit shall be secured prior to the erection,
structural repair, alteration and/or relocation of any alternative
energy system within the Township. For purposes of obtaining a permit,
the applicant shall make application in writing to the Township and
shall submit the following information and documents to the Township,
together with the additional specific requirements of each alternative
energy system as set forth in this Part:
A.
Name and address of the owner of the property wherein the alternative
energy system is proposed and a detailed description of the type,
make and model of the alternative energy system being proposed.
B.
Name and address of the applicant.
C.
A plot plan (1/8 inch per foot or greater) showing the location of
the lot, building, and proposed alternative energy system in relation
to each public right-of-way, building, property line, neighboring
properties, and driveways. It shall also identify the lot area, location
of existing natural and man-made features, ownership information for
adjoining properties, setback measurements from property and street
lines and any additional information deemed necessary by the Township.
D.
Construction plans, including all pertinent engineering data to the
Township.
2.
Inspection. The Building Inspector and/or Code Enforcement Officer,
or other designated Township representative, shall require the proper
maintenance and use of all alternative energy systems and will inspect
every alternative energy system for which a permit is required within
10 days after work is completed on the alternative energy system.
3.
Fees and Deposits. Permit fees and escrow deposit amounts, as required
by the Township, shall be set by resolution of the Township Board
of Supervisors. The applicant for an alternative energy system application
requiring a review by the Township Engineer and/or other professional
consultant of the Township shall be required to post an appropriate
escrow deposit and enter into a professional services agreement with
the Township.
[Ord. 260, 1/18/2011]
1.
The Township Manager, or his/her designee, the Code Enforcement and/or
Building Code Officer and/or local Police Department are authorized
to enforce this Part.
2.
If the Township Manager, or his/her designee, finds or learns that
any provision of this Part has been violated, he/she shall provide
notification in writing to the person responsible for the violation
and the property owner, indicating the nature of the violation and
ordering the action necessary to correct it.
3.
If the violation is not corrected within the time specified in the
written notification from the Township, the Township Manager, or his/her
designee, may:
A.
Order repairs or removal of any alternative energy system and its
supporting structures deemed to be dangerous, in disrepair or in violation
of this Part and/or order the violating individual(s) to cease all
such alternative energy activities.
B.
Revoke the applicable permits.
C.
Seek penalties, fines and injunctive relief in accordance with the
law.
[Ord. 260, 1/18/2011]
Any person that violates any provision of this Part or any lawful
order relating to this Part by the Township Manager, or his/her designee,
shall be subject to a fine of not less than $100 nor more than $600
per violation. Each day that the violation continues is a separate
violation. In the event that East Rockhill Township incurs any expense
in the enforcement of this Part, including but not limited to court
costs and attorneys' fees, the Township shall be entitled to
collect such costs from the violator. Any penalties or costs assessed
shall be payable to East Rockhill Township. In addition to fines,
judgments and/or costs set forth above, the Township reserves the
right to pursue all other available remedies at law or in equity under
the laws of the Commonwealth of Pennsylvania. Any person who has violated
or permitted a violation of this Part shall be subject to having his/her
permit suspended or revoked by the Township. Any person who has violated
or permitted a violation of this Part shall also immediately cease
all alternative energy system activities within the Township until
otherwise permitted by the Township.
[Ord. 260, 1/18/2011]
Any person aggrieved by a decision of the Township Manager,
or his/her designee, under this Part may appeal the decision to the
Township Board of Supervisors within 30 days of the date of the decision
and/or order. The Township Board of Supervisors has the authority
to interpret the provisions of this Part and to waive the standards
included in this Part when a literal enforcement of the provisions
of this Part would result in the unreasonable prohibition of alternative
energy resources. The Pennsylvania Local Agency Law, as amended, shall
govern such appeals and proceedings.
