[HISTORY: Adopted by the Borough Council of the Borough of
Mount Wolf as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Alternative energy systems include geothermal heat pumps and
solar and wind energy systems.
All alternative energy systems, as accessory uses or structures,
or as principal uses permitted by special exception, shall be built
and operated in accordance with the following regulations.
A.
The design and installation of geothermal systems and related boreholes
for geothermal heat pump systems shall conform to applicable industry
standards, including those of the American National Standards Institute
(ANSI), the International Ground Source Heat Pump Association (IGSHPA),
the American Society for Testing and Materials (ASTM), the Air-Conditioning,
Heating and Refrigeration Institute (AHRI), or other similar certifying
organizations, and shall comply with the Borough Building Code and
with all other applicable Borough requirements. The manufacturer specifications
shall be submitted as part of the application.
C.
Aboveground equipment associated with geothermal pumps shall not
be installed in the front yard of any lot.
D.
For closed loop systems, the following shall apply:
(1)
For all closed loop geothermal systems relying upon circulating fluids,
only nontoxic, biodegradable circulating fluids such as food-grade
propylene glycol shall be permitted.
(2)
All horizontal closed loop systems shall be no more than 20 feet
deep.
(3)
The top 50 feet of all closed vertical loop geothermal energy system
boreholes shall be grout sealed in accordance with IGSHPA standards.
E.
For open horizontal loop systems, the following shall apply:
(1)
Water extraction.
(a)
Open loop systems may utilize a watercourse to the extent permissible
under federal, state, or local municipal laws or regulations.
(b)
All open loop systems which extract water from groundwater sources
shall comply with extraction limitations set for potable water wells
under federal, state, or local municipal laws or regulations. Installation
requirements for extraction wells shall be the same as those for potable
water wells, with respect to those regulations designed to prevent
aquifer contamination (grouting, etc.), or in conformance with IGSHPA
standards, as determined by the Borough Engineer.
(2)
Discharge of water.
(a)
Discharge of water from open loop systems into sanitary sewer
systems shall be prohibited, except upon approval by the Northeastern
York County Sewer Authority.
(b)
Discharge of water from open loop systems into storm sewers
shall not be permitted.
(c)
Discharge of water from open loop systems into a watercourse
shall require certification by a licensed professional engineer registered
by the Commonwealth of Pennsylvania that the design of the watercourse
is such that the watercourse can be expected to retain its capacity
to meet the needs of the geothermal system over the lifetime of the
system and of any other water discharges for which it is used.
(d)
Discharge of water from open loop systems into a watercourse
shall comply with all federal, state, or local municipal laws or regulations.
(e)
Underground injection of water discharge from an open loop system
shall be subject to the following conditions:
[1]
Returned water shall contain no treatment additives or other
introduced chemicals.
[2]
The return well shall be located a minimum distance of 200 feet
from wells on adjacent properties.
[3]
The return well shall be located a minimum distance of 100 feet
from the on-site well.
[4]
The return well shall recharge the groundwater from which supply
water is extracted.
[5]
Because such return wells are included as Class V Underground
Injection Wells, the applicant shall submit an inventory of injection
wells form, available from the United States Environmental Protection
Agency and shall comply with all federal, state, or local municipal
laws or regulations.
A.
Accessory solar energy systems shall be permitted in all districts
subject to the following regulations:
(1)
A system is considered an accessory solar energy system only if it
supplies electrical or thermal power primarily for on-site use, except
that when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner of the accessory solar energy system
shall provide written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
(2)
The design and installation of accessory solar energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories (UL),
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Borough Building
Code and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
(3)
Whenever practical, all accessory solar energy systems shall be attached
to a building, or located on an impervious surface. If not designed
to be attached to the building, the applicant shall demonstrate by
credible evidence that such systems cannot feasibly be attached to
a building due to structural limitations of the building.
(4)
All accessory solar energy systems shall be designed and located
in order to prevent reflective glare toward any inhabited structure
on adjacent properties as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(6)
No part of any accessory solar energy system shall be located within
or above any front yard, along any street frontage, nor within any
required setback of any property.
(7)
Accessory solar energy systems mounted on the roof of any building
shall be subject to the maximum height regulations specified within
the underlying zone.
(8)
Accessory solar energy systems which are ground-mounted or freestanding
detached from the principal or accessory structure shall not exceed
15 feet in height.
B.
Principal solar energy systems shall be subject to the following
regulations:
(1)
The layout, design, and installation of principal solar energy systems
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters' Laboratories,
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Borough Building
Code and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
(2)
Whenever practical, all principal solar energy systems in the A zone
shall be attached to a building; or if ground-mounted and/or freestanding,
the applicant shall demonstrate by credible evidence that:
(a)
The area proposed for the principal solar energy systems does
not predominantly consist of Class I, II and/or III soils, as identified
in the soil survey, and is generally unsuitable for agricultural purposes;
and
(b)
Such facilities cannot feasibly be attached to a building due
to structural limitations of the building.
(3)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(4)
All principal solar energy systems shall be designed and located
in order to prevent reflective glare toward any inhabited buildings
on adjacent properties as well as adjacent street rights-of-way.
(5)
Principal solar energy production facilities mounted on the roof
of any building shall be subject to the maximum height regulations
specified within each underlying zone.
(6)
All mechanical equipment of principal solar energy systems, including
any structure for batteries or storage cells, shall be completely
enclosed by a minimum eight-foot high fence with a self-locking gate,
and provided with screening.
(7)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(8)
The applicant shall submit a plan for the removal of the principal
solar energy systems when it becomes functionally obsolete or is no
longer in use. The principal solar energy system owner is required
to notify the Borough immediately upon cessation or abandonment of
the operation. The owner shall be responsible for the removal of the
facility within six months from the date the applicant ceases use
of the facility or the facility becomes obsolete. At the time of issuance
of the permit for the construction of the principal solar energy system,
the owner shall provide financial security in form and amount acceptable
to the Borough to secure the expense of dismantling and removing said
structures.
A.
Accessory wind energy systems shall be permitted as accessory uses
and accessory structures in all districts subject to the following
regulations:
(1)
A system is considered an accessory wind energy system only if it
supplies electrical power primarily for on-site use, except that when
a parcel on which the system is installed also receives electrical
power supplied by a utility company, excess electrical power generated
and not presently needed for on-site use may be used by the utility
company. The owner of the accessory wind energy system shall provide
written confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator, and also approves of such connection. Off-grid systems
shall be exempt from this requirement.
(2)
The design and installation of all accessory wind energy systems
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters' Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, and shall comply with the Borough Building Code and
with all other applicable Borough requirements. The manufacturer specifications
shall be submitted as part of the application.
(3)
No more than one accessory wind energy system shall be permitted
per property.
(4)
All on-site utility and transmission lines shall be placed underground.
(5)
No part of any accessory wind energy system shall be located within
or above any front yard, along any street frontage, nor within any
required setback of any property.
(6)
All accessory wind energy systems shall be located a minimum distance
of 1.1 times the turbine height from any inhabited structure not located
on the lot on which the accessory wind energy system is proposed,
property line, street right-of-way, or overhead utility line.
(7)
No portion of any accessory wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(8)
The maximum height of any accessory wind energy system shall be 100
feet. The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground.
(9)
Accessory wind energy systems shall not display advertising, except
for reasonable identification of the accessory wind energy system's
manufacturer. Such sign shall have an area of less than four square
feet.
(10)
When an accessory building is necessary for storage cells or
related mechanical equipment, the accessory building shall not have
a floor area exceeding 200 square feet, and shall comply with the
accessory building requirements specified within the underlying district.
(11)
Accessory buildings shall not be located within any front yard
or along any street frontage, nor within any required setback of any
property.
(12)
The applicant shall submit a plan for the removal of the accessory
wind energy system when it becomes functionally obsolete or is no
longer in use. The owner shall be responsible for the removal of the
system within six months from the date the applicant ceases use of
the system or the system becomes obsolete. It shall be presumed that
the wind turbine is obsolete or is no longer in use if no electricity
is generated for a continuous period of six months.
B.
Principal alternative energy facilities. Principal wind energy systems
shall be subject to the following regulations:
(1)
The layout, design, and installation of principal wind energy systems
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters' Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, and shall comply with the Borough Building Code and
with all other applicable Borough requirements. The manufacturer specifications
shall be submitted as part of the application.
(2)
Principal wind energy systems shall not generate noise which exceeds
55 decibels nor 10 decibels above ambient noise in any one hour, whichever
is higher. Noise is measured from the property line of the closest
neighboring inhabited structure or nearest habitable structure setback
on abutting property. The ambient sound measurement, known as "A-weighted
sound level" is taken where the noise from the wind turbine cannot
be heard, or with the wind turbine shut down. The ambient sound level
shall be considered the level that is exceeded 90% of the time when
the noise measurements are taken. The 55 decibel or 10 decibel level
may be exceeded during short-term events such as utility outages and/or
severe wind storms.
(3)
All on-site utility and transmission lines shall be placed underground.
(4)
All principal 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. Manual
regulation by wind energy system personnel shall not be considered
a sufficient braking system for overspeed protection.
(5)
Principal wind energy systems shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
(FAA).
(6)
Wind turbines and towers shall not display advertising, except for
reasonable identification of the principal wind system's manufacturer.
Such sign shall have an area of less than four square feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such as white,
off-white or gray.
(8)
All principal wind energy systems shall, to the extent feasible,
be sited to prevent shadow flicker on any occupied building on adjacent
property.
(9)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(11)
No portion of any principal wind energy system shall extend
over parking areas, access drives, driveways or sidewalks.
(12)
All principal wind energy systems shall be independent of any
other structure and shall be located a minimum distance of 1.1 times
the turbine height from any inhabited structure, property line, street
right-of-way, or overhead utility line.
(13)
The minimum height of the lowest position of the wind turbine
shall be 30 feet above the ground.
(14)
All mechanical equipment of principal wind energy systems, including
any structure for batteries or storage cells, shall be completely
enclosed by a minimum eight-foot high fence with a self-locking gate
and provided with screening, and the wind turbine's climbing apparatus
shall be limited to no lower than 12 feet from the ground or the wind
turbine's climbing apparatus shall be fully contained and locked within
the tower structure.
(15)
The applicant shall submit a plan for the removal of the principal
wind energy system when it becomes functionally obsolete or is no
longer in use. The principal wind energy system owner is required
to notify the Borough immediately upon cessation or abandonment of
the operation. The owner shall be responsible for the removal of the
facility within six months from the date the applicant ceases use
of the facility or the facility becomes obsolete. At the time of issuance
of the permit for the construction of the principal wind energy system,
the owner shall provide financial security in form and amount acceptable
to the Borough to secure the expense of dismantling and removing said
structures.
The following definitions relate to alternative energy systems,
including geothermal and solar and wind energy systems.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEMWater is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the earth is then pumped back into the ground through a different well or in some cases the same well, also known as "reinjection." Alternatively, the groundwater could be discharged to a watercourse also known as a "pump and dump." In the heating mode, cooler water is returned to the earth, and in the cooling mode, warmer water is returned to the watercourse or well.
Any solar collector consisting of one or more cell(s), panel(s),
or array(s) designed to collect and convert solar power into another
form of energy such as electricity or heat, and other structures and
buildings, used in the conversion, storage, and distribution, including
electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
Any vertical structure enclosing a flue(s) that carry off
smoke or exhaust from a furnace or other fuel-burning device, especially
that part of a structure extending above a roof.
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
A device such as a wind turbine and/or other electric generation
facility designed to convert wind power into another form of energy
such as electricity or heat, consisting of one or more wind turbines
and other structures and buildings, including meteorological towers,
electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
A device 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.
