[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]
1.
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.
2.
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.
3.
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.
4.
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]
A ground source heat pump, wind or solar energy system, and/or
outdoor solid fuel burning appliance.
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.
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.
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 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.
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.
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.
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.
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.
The visible flicker effect 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 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. 293, 1/10/2011, § 4]
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 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:
A.
The solar energy system shall conform to the area and dimensional
regulations of the zoning district in which the solar energy system
is installed.
B.
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.
C.
Ground mounted systems shall not be permitted in a front yard.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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]
1.
There shall be a maximum of one device on a single parcel.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Wind turbines shall be a non-obtrusive, non-reflective color such
as white, off-white or gray, or the original factory galvanized steel.
7.
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 the wind energy system to waive noise and/or flicker
limits as required by this Part.
(3)
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.
9.
The use shall not interfere with the reception of any radio, television
or other communication equipment, nor inhibit solar access to adjacent
properties.
10.
The applicant shall demonstrate that any noise emanating from the
wind energy system shall not exceed 60 decibels measured at the nearest
property line.
11.
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.
12.
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.
13.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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]
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 (groundwater heat
pump systems) circulate groundwater to the heat pump and then discharge
it.
A.
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.
B.
The perimeter of the GSHP subsurface loops, vertical or horizontal,
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.
C.
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 Borough, 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)
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.
D.
A written plan shall 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 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.
(2)
A system closure plan for use in the event of the discontinuance
of the use of the GSHP system.
E.
The installation specifications and drawings for the GSHP system
shall be submitted to and reviewed by the Borough Engineer.
F.
GSHP well drilling shall only be undertaken by a Pennsylvania licensed
well driller.
G.
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.
H.
Prior to activation of a GSHP system, the Pennsylvania licensed well
driller and/or system installer shall provide to the Borough Engineer:
I.
The depth of the tubing or heat transfer element must be at least
30 inches below the surface of the ground.
J.
Ground source heat pump systems shall not encroach on public drainage,
utility roadway or trail easements.
[Ord. 293, 1/10/2011, § 7]
1.
The requirements set forth in this section do not apply to the following:
A.
Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
B.
Burning in a stove, furnace, fireplace or other heating device within
a building or structure used for human or animal habitation.
C.
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
2.
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.
A.
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.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to applicable PA DEP 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.
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, or any paper with ink or dye products.
I.
Lawn clippings or yard waste.
J.
Any hazardous waste.
K.
Coal.
L.
Manure.
3.
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.
4.
No person shall install an outdoor solid fuel burning appliance that
is not a EPA OWHH Phase 2 Program qualified appliance.
5.
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.
6.
Chimney Location.
A.
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.
B.
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.
7.
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:
A.
25 Pa. Code, § 121.7, Prohibition of Air Pollution.
B.
25 Pa. Code, § 123.1, Fugitive Emissions.
C.
25 Pa. Code, § 123.31, Odor Emissions.
D.
25 Pa. Code, § 123.41, Visible Emissions.
E.
Section 8 of the APCA, 35 P.S. § 4008, Unlawful Conduct.
F.
Section 13 of the APCA, 35 P.S. § 4013, Public Nuisances.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Spark Arrestors. All outdoor solid fuel burning appliances shall
be equipped with properly functioning spark arrestors.
13.
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.
14.
The use of such outdoor solid fuel burning appliances must follow
all operating instructions supplied by the manufacturer.
15.
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.
16.
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.
17.
All stacks or chimneys must be constructed to withstand high winds
or other related elements.
18.
The use of lighter fluids, gasoline or chemicals to start the furnace
is prohibited.
19.
The appliance shall be located on a property with due consideration
to prevailing wind conditions.
20.
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.
21.
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.
22.
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]
1.
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.
2.
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.
3.
Fees and Deposits. Permit fees and escrow deposit amounts, as required
herein, shall be set by resolution of the Borough Council.
4.
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]
1.
The Borough Manager, or his/her designee, is authorized to enforce
this Part.
2.
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.
3.
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.
