[Ord. 293, 1/10/2011, § 1]
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 Borough subject to reasonable conditions that will protect the public health, safety and welfare.
[Ord. 293, 1/10/2011, § 2]
This Part applies to alternative energy systems, described herein, to be installed and constructed after the effective date of this Part, and all applications for 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.
Within the Borough, alternative energy systems may be erected, altered, maintained, used, or moved only when in accordance with the provisions of these regulations and any other Borough ordinances and regulations.
No person shall install, construct, or modify the construction/installation of an alternative energy system for any building or structure without first obtaining from the Borough the necessary permits.
All alternative energy systems shall primarily serve on-site energy generation needs unless otherwise approved by the Borough Council. If an alternative energy system is proposed as a principal use to be connected to a public or community utility system for the purpose of generating energy, plans must be prepared by a certified engineer, at the applicant's expense and submitted to the utility company and Borough for approval.
[Ord. 293, 1/10/2011, § 3]
- ALTERNATIVE ENERGY SYSTEM
- A ground source heat pump, wind or solar energy system, and/or outdoor solid fuel burning appliance.
- BUILDING INTEGRATED WIND ENERGY FACILITY
- A wind energy 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 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 a solid fuel fired outdoor heating appliance.
- CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM
- A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.
- DOMESTIC WATER USE
- 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.
- EPA OWHH PHASE 2 PROGRAM QUALIFIED MODEL
- An outdoor wood-fired hydronic heater that has been EPA OWHH Phase 2 Program qualified. The model has met the EPA OWHH Phase 2 Program particulate matter emission limit of 0.32 pounds per million British thermal units output and is identified with the proper qualifying label and white hangtag.
- GROUND SOURCE HEAT PUMP 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 open or closed loops of pipe, coils or plates; a 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.
- HEAT TRANSFER FLUID
- A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.
- HORIZONTAL GROUND SOURCE HEAT PUMP SYSTEM
- 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.
- HUB HEIGHT
- The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
- OPEN LOOP GROUND SOURCE HEAT PUMP SYSTEM
- 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.
- OUTDOOR SOLID FUEL BURNING APPLIANCE
- Also known as "outdoor wood-fired hydronic heaters (OWHH)," "outdoor wood boilers (OWB)" or "water stoves, etc.," means any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated 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, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools.
- SHADOW FLICKER
- The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
- SOLAR COLLECTOR
- 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.
- SOLAR ENERGY
- Radiant energy (direct, diffuse, and/or reflected) received from the sun.
- SOLAR ENERGY SYSTEM
- 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.
- SOLAR PANEL
- 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.
- TURBINE HEIGHT
- The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
- TURBINE ROTOR
- 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 facility.
- VERTICAL GROUND SOURCE HEAT PUMP SYSTEM
- 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.
- WIND ENERGY SYSTEM
- 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.
- WIND TURBINE
- 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. 293, 1/10/2011, § 4]
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 that may be mounted on a building or on the ground and is not the primary use of the property. 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 electrical energy by way of a solar energy system. Solar energy systems may be installed as ground arrays or roof mounted. The following requirements shall apply, as applicable, to solar energy systems:
The solar energy system shall conform to the area and dimensional regulations of the zoning district in which the solar energy system is installed.
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.
Ground mounted systems shall not be permitted in a front yard.
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. Other roof-mounted solar panels shall be permitted so long as such other roof-mounted solar panels shall be located on a rear or side-facing roof, as viewed from any adjacent street; shall not exceed a height of three feet from the rooftop at any point; shall not project vertically above the peak of sloped roof or project vertically more than five feet above a flat roof installation; and shall not exceed the maximum height requirement for the district in which it is located.
The installation of a solar energy system shall conform to the extent applicable, to the Pennsylvania Uniform Construction Code, as amended, regulations, if any, adopted by the Pennsylvania Department of Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of design compliance shall be submitted with the zoning permit and plans.
All wiring shall comply with the applicable version of the National Electrical Code (NEC). The local utility provider shall be contacted by the owner to determine grid interconnection and net metering policies.
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.
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.
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, trees, or other plant materials that provide a visual screen.
All solar energy system operators/owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.
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.
[Ord. 293, 1/10/2011, § 5]
There shall be a maximum of one device on a single parcel.
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. Wind energy system shall be located no less than 100 feet from overhead utility lines, and no less than 300 feet from a street line. In no case shall a facility be located within a front yard or within the minimum required side and/or rear yards.
Maximum height of all wind energy systems, including all moving and rotating parts, shall be 50 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.
Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.
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 and must not be located in any required front, side or rear yards.
Wind turbines shall be a non-obtrusive, non-reflective color such as white, off-white or gray, or the original factory galvanized steel.
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.
Noise and/or shadow flicker provisions may be waived if the following conditions are met:
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.
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 the wind energy system to waive noise and/or flicker limits as required by this Part.
Any such waiver shall be signed by the applicant and the adjacent landowner(s), and recorded in the Deeds Office where the property is located.
The use shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.
The applicant shall demonstrate that any noise emanating from the wind energy system shall not exceed 60 decibels measured at the nearest property line.
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.
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 eight feet above the ground surface. All wind energy systems and associated buildings shall be enclosed by a fence at least four feet in height which is located at least five feet from the base. All access doors and gates shall be locked, as appropriate, to prevent entry by non-authorized persons.
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
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.
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.
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 Borough that the wind energy system shall not compromise the structural integrity of the building to which it is attached.
If a proposed project includes the installation of building integrated wind energy facilities, then such facilities shall be integrated into the overall design and architecture of the proposed project.
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 Borough may require submission of illustrations and photos depicting the color, size, shape, and architectural features of the proposed device; and submission of color photographs of the proposed tower location taken from view of all adjoining properties and roads. 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.
A wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, the applicant must submit to the Borough all documentation required by the Borough Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), 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, and/or equipment manufacturer.
[Ord. 293, 1/10/2011, § 6]
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 (groundwater heat pump systems) circulate groundwater to the heat pump and then discharge it.
GSHP Systems shall be designed and constructed in accordance with the International Ground Source Heat Pump Association (IGSHPA) Installation Standards, as amended, and currently found at Section 6.3, References, of the Ground Source Heat Pump Manual of the Pennsylvania Department of Environmental Protection.
The perimeter of the GSHP subsurface loops, vertical or horizontal, shall meet the following minimum isolation requirements:
One hundred feet from any existing or proposed drinking water wells.
Twenty-five feet from any existing or proposed individual or community on-lot sewage disposal system including any primary or alternate drainfield sites.
Twenty-five feet from property lines and rights-of-way.
Twenty-five feet from existing or proposed structures.
The subsurface loop of the GSHP system must comply with the following:
The subsurface loop piping must be made of polyethylene or a similar substitute material approved by the Borough, All joints shall be sealed by heat fusion or IGSHPA certified process.
GSHP systems shall be equipped with an automatic shutdown device to prevent circulating fluids or oil leaks from migrating.
Visual and audible alarms shall be installed in the building or structure in the event of a system malfunction or leakage.
Warning labels shall be prominently posted near the interior mechanical system.
For closed-loop GSHP systems, only water or a mixture of water and food-grade propylene glycol may be used as the circulating fluid, unless a similarly inert fluid is approved for use by the Borough.
A written plan shall provide for the operation and periodic inspection of the GSHP system and should include:
Provisions for any GSHP system leaks or releases to be reported by the owner to the Borough 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.
A system closure plan for use in the event of the discontinuance of the use of the GSHP system.
The installation specifications and drawings for the GSHP system shall be submitted to and reviewed by the Borough Engineer.
GSHP well drilling shall only be undertaken by a Pennsylvania licensed well driller.
Wells shall be grouted to protect against degradation or contamination of the groundwater or intermingling of separate aquifers in accordance with the procedures recommend by the IGSHPA.
Prior to activation of a GSHP system, the Pennsylvania licensed well driller and/or system installer shall provide to the Borough Engineer:
The depth of the tubing or heat transfer element must be at least 30 inches below the surface of the ground.
Ground source heat pump systems shall not encroach on public drainage, utility roadway or trail easements.
[Ord. 293, 1/10/2011, § 7]
The requirements set forth in this section do not apply to the following:
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
Unless specific written approval has been obtained from the PA Department of Environmental Protection (PA DEP), the following, materials may not be burned in the Borough under any circumstances in an outdoor fuel burning appliance.
Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, demolition debris or other household or business wastes.
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to applicable PA DEP regulations.
Asphalt and products containing asphalt.
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.
Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.
Rubber including tires and synthetic rubber-like products.
Any material that is not recommended for burning by the manufacturer of the appliance.
Newspaper, cardboard, or any paper with ink or dye products.
Lawn clippings or yard waste.
Any hazardous waste.
An appliance shall not be used to bum any of the prohibited materials listed above. Fuel burned in any new or existing outdoor solid fuel burning appliance shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as home heating oil, natural gas or propane, or that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor solid fuel burning appliance.
No person shall install an outdoor solid fuel burning appliance that is not a EPA OWHH Phase 2 Program qualified appliance.
Any outdoor solid fuel burning appliance shall be located on a lot of not less than one acre and shall be not less than 150 feet from any lot line.
For new outdoor solid fuel burning appliances, no person shall install an outdoor wood-fired boiler unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor wood-fired boiler.
For existing outdoor solid fuel burning appliances, no person shall use or operate an outdoor wood-fired boiler that was installed prior to the adoption of this Part unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor wood-fired boiler. However, if the existing outdoor wood-fired boiler is a Phase 2 outdoor wood-fired boiler, then Subsection 6A will apply.
No person shall use or operate a new or existing outdoor wood-fired boiler unless it complies with all existing state and local regulations. Some regulations of this commonwealth that could apply include:
25 Pa. Code, § 121.7, Prohibition of Air Pollution.
25 Pa. Code, § 123.1, Fugitive Emissions.
25 Pa. Code, § 123.31, Odor Emissions.
25 Pa. Code, § 123.41, Visible Emissions.
Section 8 of the APCA, 35 P.S. § 4008, Unlawful Conduct.
Section 13 of the APCA, 35 P.S. § 4013, Public Nuisances.
All appliances shall be installed, operated, and maintained in strict compliance with the manufacturers' instructions and guidelines for the said 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 or regulations shall apply.
All ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste must be disposed of in a manner approved by the Borough of Dublin and/or the Pennsylvania Department of Environmental Protection.
All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools.
Outdoor solid fuel burning appliances shall be operated only between September 1st and May 1st each year, unless the furnace is being used to provide domestic water use, which may include the use of residential swimming pools, and the unit is EPA OWHH Phase 2 Program qualified.
Spark Arrestors. All outdoor solid fuel burning appliances shall be equipped with properly functioning spark arrestors.
Catalytic Converter. All outdoor solid fuel burning appliance installed within Dublin Borough must be equipped with a properly functioning catalytic converter, unless the unit is EPA OWHH Phase 1 or Phase 2 Program qualified.
The use of such outdoor solid fuel burning appliances must follow all operating instructions supplied by the manufacturer.
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace 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.
Standards for installation shall also require the outdoor solid fuel burning appliances 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.
All stacks or chimneys must be constructed to withstand high winds or other related elements.
The use of lighter fluids, gasoline or chemicals to start the furnace is prohibited.
The appliance shall be located on a property with due consideration to prevailing wind conditions.
Any existing non-complying outdoor solid fuel burning appliance shall be removed, replaced or modified within a period of 60 days from the receipt of a notice generated from the Building Inspector.
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 Borough Zoning Officer or any other person designated by the Borough to inspect the furnace if a written complaint is filed relative to a violation of this Part.
The Borough 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.
[Ord. 293, 1/10/2011, § 8]
If the alternative energy system remains nonfunctional or inoperative for a continuous period of six months, the system shall be deemed to be abandoned and shall constitute a public nuisance. The alternative energy system owner, at their 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. The owner shall remove the abandoned system after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade, external mechanical equipment and transmission equipment.
[Ord. 293, 1/10/2011, § 9]
Building Permits. A building permit shall be secured prior to the erection, structural repair, alteration and relocation of any alternative energy system within the Borough. For purposes of obtaining a building permit, the applicant shall make application in writing and shall submit the following: name and address of the owner; name and address of the applicant; a plot plan (1/8" 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 and driveway; and construction plans, including all pertinent engineering data to the Zoning Officer. The plot plan shall indicate all existing structures.
Inspection. The Building Inspector shall require the proper maintenance of all alternative energy systems and shall inspect every alternative energy system for which a permit is required within 10 days after work is completed on the alternative energy system.
Fees and Deposits. Permit fees and escrow deposit amounts, as required herein, shall be set by resolution of the Borough Council.
Plan Requirements. A plot plan of the parcel on which the system will be located shall be submitted, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed alternative energy device, ownership information for adjoining properties, and setback measurements from property and street lines.
[Ord. 293, 1/10/2011, § 10]
The Borough Manager, or his/her designee, is authorized to enforce this Part.
If the Borough Manager, or his/her designee, finds that any provision of this Part is being violated, he/she shall provide notification in writing to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
If the violation is not corrected within the time specified, the Borough Manager, or his/her designee, may order repairs or removal of any alternative energy system and its supporting structures judged dangerous, in disrepair or in violation of this Part; may revoke the zoning permit and/or may seek penalties and injunctive relief.
[Ord. 293, 1/10/2011, § 11]
Violation of any provision of this Part or any lawful order relating to this Part by the Borough Manager, or his/her designee, shall be subject to a fine of not more than $100 per offense. Each day that the violation continues is a separate violation. In the event that Dublin Borough incurs any expense in the enforcement of this Part, including but not limited to court costs and attorney's fees, the Borough shall be entitled to collect such costs from the violator. Any penalties or costs assessed shall be payable to Dublin Borough.
[Ord. 293, 1/10/2011, § 12]
Any person aggrieved by a decision of the Borough Manager, or his/her designee, may appeal to the Borough Council within 30 days. The Borough Council has the authority to interpret the provisions of this Part which are called into question and to waive the standards included this Part when a literal enforcement of the provisions of this Part would result in the applicant's ability to reasonably utilize alternative energy resources.