Township of Charlestown, PA Part 23 SOLAR ENERGY AND OTHER ALTERNATIVE ENERGY SYSTEMS

§ 27-2301 Purpose.

[Ord. 6/20/1979; as added by Ord. 167-2010, 12/6/2010, § 1; amended by Ord. 2017-202, 6/5/2017]

1. The purpose of this Part is to provide regulations for the installation, maintenance, and removal of alternative energy systems within the Township. The primary purpose of an alternative energy system is to provide power for the principal use of the property wherein said system is to be located, and not for off-site consumption, although alternative energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.

2. The purpose of permitting geothermal energy is to enable more efficient heating and cooling, while protecting groundwater sources and quality.

3. Facilities used in solar and other alternative energy systems are deemed accessory structures. The regulations set forth herein shall be applicable to such systems, in order to curtail any potential nuisance attributes of such systems and to insure that such systems do not pose risks to health, safety and welfare.

§ 27-2302 Use Regulations.

[Ord. 6/20/1979; as added by Ord. 167-2010, 12/6/2010, § 1; amended by Ord. 2017-202, 6/5/2017]

1. Permitted Accessory Uses.

A. The installation of solar energy systems shall be permitted as an accessory use within all zoning districts, except the H-Historic District, in accordance with the regulations herein.

B. The installation of closed loop geothermal energy systems shall be permitted as an accessory use within all zoning districts in accordance with the regulations herein.

2. Conditional Uses (Refer to § 27-1809).

A. The installation of solar energy systems shall be permitted as an accessory use by conditional use in the H-Historic District.

B. Ground arrays shall not be placed in the front yard unless appropriate year-round screening, vegetative or otherwise, is provided, subject to conditional use approval.

C. A wind energy system shall be permitted as an accessory use by conditional use in the FR District.

§ 27-2303 General Provisions.

[Ord. 6/20/1979; as added by Ord. 167-2010, 12/6/2010, § 1; amended by Ord. 2017-202, 6/5/2017]

1. Permit Required. No person shall install, construct or otherwise implement a new alternative energy system within the Township without first obtaining the required permit(s) from the Township. No person shall modify any existing alternative energy system in the Township without first obtaining a permit from the Township.

2. Fees. All applicants for alternative energy system permits shall pay all fees for application and inspection as established by resolution of the Board of Supervisors from time to time. No application shall be considered complete and processing of said application shall not begin until the fee is paid.

3. Regulations for Solar Energy Systems. All solar panels and/or solar energy collectors installed and/or modified within the Township after the effective date of this Part shall comply with all of the following:

A. An applicant shall comply with all applicable building codes.

B. All solar panels and solar energy collectors shall be accessory to the principal use of the lot and shall be located on the same lot as the principal use that they serve.

C. For properties in common ownership, additional locations for the solar energy systems are permitted consistent with the virtual net metering provisions of the utility.

D. All solar panels and solar energy collectors shall be located so as to minimize glare upon any neighboring properties or any public or private street. The Zoning Officer shall determine if glare rises to the level to constitute a nuisance, and shall recommend techniques to mitigate a nuisance.

E. All solar panels and solar energy collectors shall be located to minimize visual impact to neighboring properties. The Zoning Officer shall determine if visual impact rises to the level to constitute a nuisance, and shall recommend techniques to mitigate a nuisance.

F. Solar energy systems may be permitted as ground arrays in accordance with the following standards:

(1) Ground arrays shall be located in a rear or side yard as a by-right use.

(2) Solar energy systems shall meet the minimum setbacks required for accessory uses in the zoning district in which such system is located.

(3) No point of a ground array or its support structure shall exceed 18 feet in height.

(4) Where such ground arrays are located within 30 feet of a property line, a vegetative screen shall be provided to serve as a visual buffer between the solar panels or solar collectors and adjacent properties.

G. Rooftop solar energy systems installed on a principal or accessory use, building or structure shall not exceed the maximum height requirements of the zoning district in which the system is located.

H. No portion of a rooftop array installed on a pitched roof shall extend above the ridge line of the pitched roof.

I. All exterior wiring shall be underground. No aerial wiring system shall be employed in transmitting energy generated by an alternative energy system, unless there is an existing active, aerial wiring system that is utilized.

J. Rooftop arrays shall be arranged so that a minimum three-foot-wide continuous path is provided on each section of the rooftop for use by first responders, unless the current version of the International Fire Code (IFC) requires a wider minimum continuous path.

K. All solar energy systems shall conform to the following additional requirements:

(1) The design and installation of solar energy systems shall conform to applicable industry standards, including those of ANSI, Underwriters' Laboratories (UL) or any Nationally Recognized Testing Laboratory (NRTL), International Standards Organization (ISO) and ASTM, as applicable. Design and installation shall comply with the applicable building code and fire and safety requirements, including NFPA 70, which provides protections for first responders during house fires, and PA UCC in regards to the structural integrity. The applicant shall submit manufacturer's specifications as part of an application.

(2) The design and installation of solar energy systems shall comply with UL 2703, or updates thereto, which requires both the racking and modules to be certified to meet the requirement for fire class resistance rating of Class A when used with Type I photovoltaic (PV) modules.

(3) The applicant shall provide proof that the installer meets the standards of the North American Board of Certified Energy Practitioners (NABCEP).

(4) Solar energy systems shall only be located within the Charlestown Village Historic District with the express approval of the Historic Architectural Review Board (HARB), which shall not be unreasonably withheld.

(5) As an integral part of the applicant's permit application and/or conditional use proceedings (for the H-Historic District), the applicant shall demonstrate that they have acted to prevent reflective glare from reaching adjacent properties or streets.

(6) All solar panel and solar energy collector frames should have a dark matte finish.

4. Regulations for Wind Energy Systems. All wind energy systems installed and/or modified within the Township after the effective date of this Part shall comply with all of the following:

A. A minimum lot size of two acres shall be provided.

B. All components of a wind energy system shall be set back from all property lines and/or above ground utility lines a distance equal to 110% of the wind turbine height, unless the system is attached to an existing nonconforming building location.

C. Wind energy systems shall not be permitted in a front yard area, between the front façade of the principal building and the adjacent street line.

D. Wind turbine height shall not exceed 65 feet from the average grade of the ground at the base of the turbine. If such turbine is roof-mounted, the height shall be measured from the average grade at the base of the structure supporting the turbine.

E. No more than one wind energy system with a maximum generation capacity of 20 kW shall be permitted per property.

F. The design and installation of wind energy systems shall conform to all applicable local, state, and federal construction and electrical codes. The applicant shall submit manufacturer's specifications as part of the application for conditional use.

G. Wind energy systems shall be certified per all current relevant standards.

H. Noise. Wind energy systems shall not generate noise levels that exceed 52 decibels, as measured at the property line. The applicant shall submit sound information from the wind energy system manufacturer as part of the conditional use process.

I. The owner of the wind energy system shall take all reasonable steps to minimize or eliminate shadow flicker on any regularly occupied adjacent structure on an adjoining property.

J. Other Criteria. All wind energy systems shall also conform to the following additional requirements:

(1) Wind energy systems shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.

(2) Wind energy systems shall not be artificially illuminated.

(3) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(4) The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower for a minimum height of 15 feet above the ground.

(5) The blades on the wind energy system shall be constructed of a corrosion-resistant material.

(6) The surface of the wind energy systems shall be finished with a nonreflective coating and shall be a neutral nonobtrusive color, such as brown or other earth tone shades, unless required by the Federal Aviation Administration or other regulatory agency to be otherwise.

(7) All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.

(8) No aerial wiring system shall be employed in transmitting energy generated by a wind energy system unless there is an existing, active aerial wiring system that is utilized.

(9) There shall be no antennae, advertising, or other items or material affixed or placed on any component of a wind energy system, except those required for safety or identification of the manufacturer, or the direct operation of the system.

5. Regulations for Geothermal Systems. All geothermal systems installed and/or modified within the Township after the effective date of this Part shall comply with all of the following:

A. Design and Permitting. The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to all 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 Township Building Code and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application. A zoning permit and building permit, under the Pennsylvania Uniform Construction Code, shall be required.

B. The geothermal system shall be installed, maintained, and decommissioned in conformance with standards established by the IGSHPA Closed-loop/Geothermal Heat Pump Systems Design and Installation Standards, as same may be amended from time to time.

C. Only closed loop geothermal systems shall be permitted in the Township. Such systems shall meet the regulations of the Chester County Health Department, Section 501, and the standards contained herein.

D. Minimum Setbacks. Geothermal boreholes and wells shall be set back in accordance with the following:

(1) A minimum of 50 feet from on-lot sewage disposal systems, or spray irrigation site perimeter;

(2) A minimum of 10 feet from surface waters, floodplains or wetlands;

(3) A minimum of 10 feet from storm drains, retention basins, and stormwater management facilities; and

(4) A minimum of 10 feet from any property line.

E. Geothermal systems shall be considered an accessory use for purposes of compliance with the Part 12, Steep Slope Conservation District, regulations.

F. Closed loop geothermal systems shall use a heat transfer fluid that is potable or beneficial reuse water and may have nontoxic antifreeze such as propylene glycol added.

G. Discharge of Water from Drilling Boreholes.

(1) Discharge of water into storm sewers, neighboring properties or roads shall be prohibited.

(2) Discharge of water into a watercourse shall comply with all federal, state, county and Township regulations.

(3) Discharge of water into sanitary sewer systems shall be prohibited, except upon approval from the Valley Forge Sewer Authority.

6. Abandonment. The following requirements shall apply to alternative energy systems as a condition of approval:

A. A solar energy system or wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

B. The Code Enforcement Officer shall issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record. The owner shall have the right to appeal from such notice to the Zoning Hearing Board, in which event, the Township shall have the burden of proving by a preponderance of the evidence that the system has been abandoned, applying the same tests as would apply in the context of an alleged abandonment of a lawful nonconforming use.

C. Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the Code Enforcement Officer. If the system is not removed within six months of receipt of notice for the Township notifying the owner of such abandonment, the Township may remove the system as set forth below:

(1) When an owner of a solar energy system or wind energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned and restored to blend with the existing surroundings at the time of abandonment.

D. In granting a conditional use, the Board of Supervisors may impose a requirement that the property owner post financial security with the Township in an amount sufficient to cover the cost of removal, in the event of abandonment.