[Ord. No. 2023-1, 10/10/2023]
The purpose of this chapter is to set forth policy and procedures
governing the design, installation, and decommissioning of alternative
energy facilities, including, but not limited to, solar energy systems
and wind energy facilities within Forward Township, Butler Township.
All such facilities shall be considered as commercial land development
and be subject to those applicable review standards in the Township's
Subdivision and Land Development Ordinance.
[Ord. No. 2023-1, 10/10/2023]
As used in this Chapter, the following terms shall have the
meanings indicated:
One or more buildings, structures, pieces of equipment, units,
etc., that are provided for a particular purpose or specific use.
A system designed to capture solar energy, convert it to
electrical energy or thermal power, and supply said electrical or
thermal power primarily for off-site use, including supplying it to
a nearby electric utility's grid.
Shall mean and include small wind turbine devices, wind generators
and systems producing from one to 100 kWh of electricity, and which
are designed to be mounted on a pole or tower or to be attached to
the principal or an accessory structure and used solely to generate
power to serve structures located on the same lot.
An electric generating facility, with the purpose of generating
electricity, or providing hot water heat, consisting of one or more,
but not limited to, solar panels, shingles, freestanding arrays or
Smartflowers [or similar hybrid high concentration photovoltaic thermal
(HCPVT) systems], and other ancillary associated buildings and structures,
including substations, meteorological towers, electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
A flower-shaped solar panel array that attracts the sun and
is completely portable. These are technically known as "high concentration
photovoltaic thermal systems ("HCPVT")."
An electric generating facility, with the purpose of supplying
electricity, consisting of one or more wind turbines and other ancillary
associated buildings and structures, including substations, meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
A wind energy system that converts wind energy into electricity
using a wind turbine generator, which may be of horizontal or vertical
shaft design.
[Ord. No. 2023-1, 10/10/2023]
A principal solar energy system, or PSES, shall comply with
the following requirements to minimize impacts on the physical, social,
and environmental conditions on adjoining and nearby landowners and
businesses.
1.
The PSES Layout, design and installation shall conform to applicable
industry standards, such as those of the American National Standards
(ANSI), Underwriters Laboratories (UL), the American Society for Testing
and Materials (ASTM), Institute of Electrical and Electronics Engineers
(IEEE), Solar Rating and Certification Corporation (SRCC), Electrical
Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other
similar certifying organizations, and shall comply with the Pennsylvania
Uniform Construction Building Code, as well as with all other applicable
fire and life safety requirements. The manufacturer specifications
for the key components of the system shall be submitted as part of
the commercial land development application. In addition, the plan
for delivering energy to a public electric utility company "grid"
must be explained in detail and shown with one or more drawings.
2.
The minimum lot size shall be 15 acres.
3.
PSES shall be setback from the side yard property lines a minimum
of 75 feet, the rear yard property line 100 feet, and the front yard
edge of road right-of-way 250 feet. PSES shall be set back from all
perennial streams, runs, and/or creeks a minimum of 250 feet.
4.
Ground-mounted PSES shall not exceed 20 feet in height.
5.
All on-site transmission and plumbing lines shall be placed minimally
under solar panels and to the extent feasible underground so as not
to be visible on the ground surface.
6.
Appropriate safety/warning signage concerning live voltage shall
be placed on or within three feet of any ground-mounted electrical
devices, equipment, and/or structures.
7.
No portion of the PSES shall contain or be used to display advertising.
8.
All PSES shall be placed such that concentrated solar radiation or
glare does not project onto nearby structures or roadways. The applicant
has the burden of proving, either through demonstration or mitigation,
that any glare produced does not have a significant adverse impact
or cause safety concerns for neighboring properties, neighboring property
uses, or vehicular traffic. Of particular concern is lessening the
impacts on those surrounding properties where an individual or individuals
with sensory processing disorder may reside or visit.
9.
Noise from a PSES shall not exceed 55 dBA at the nearest property
line measured at a height of both six feet above the ground surface
and also 15 feet above the ground surface. The applicant shall provide
technical documentation acceptable to the Township indicating the
noise standard will always be achieved. This documentation shall be
in the form of a sound study completed for another installation by
a certified sound consultant.
10.
PSES shall be screened from any adjacent property that is residentially
zoned or used for residential purposes. The screen shall consist of
plants, evergreens, arborvitae, trees, or similar plants and shrubs
which provide an effective visual screen.
11.
PSES shall be completely enclosed by a minimum eight-foot-high security
fence.
12.
PSES shall not be artificially illuminated except to the extent required
for safety or applicable federal, state, or local authority. Site
lighting shall be directed downward and shielded to avoid glare on
public roads and neighboring and adjacent properties. All outdoor
lighting shall be aimed, located, designed, fitted, and maintained
so as not to create glare, light pollution, and light trespass. Cutoff
shields of less than 60° shall be utilized as appropriate.
13.
A minimum twenty-five-feet-wide access road shall be provided from
a state or municipal road into the site, and a minimum twenty-feet-wide
driveway shall be provided between the solar arrays to allow access
for maintenance vehicles, emergency management vehicles, and fire
apparatus.
14.
A public hearing shall be held by the Township Board of Supervisors
or Planning Commission to afford the residents of the Township the
opportunity to comment on the proposed installation and give the company
proposing the principal solar energy system the opportunity to present
their plans and answer technical questions that may be asked.
15.
Prior to the installation of any principal solar energy system facilities,
company proposing said installation shall collect and analyze background
soil samples in the area where the facilities are to be installed
for pH, lead, selenium, cadmium, arsenic, chromium, and copper. Results
shall be submitted to the Township.
[Ord. No. 2023-1, 10/10/2023]
Pittsburgh Airport, regulate and restrict heights of constructed structures and objects, and creates boundaries or hazard zones in accordance with Federal Aviation Administration regulations for airports. Please refer to Chapter 28 of the Township Code of Ordinances.
1.
The design of the wind energy facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturers from Underwriters Laboratories,
Det Norske Veritas, Germanischer, Lloyd Wind Energies, or other similar
certifying organizations. In addition, the plan for delivering energy
to a public electric utility company "grid" must be explained in detail
and shown with one or more drawings.
2.
To the extent applicable, the wind energy facility shall comply with
the Pennsylvania Uniform Construction Code.
3.
All wind energy facilities shall be equipped with a redundant braking
system. This includes both aerodynamic over-speed 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.
4.
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
5.
Wind energy facilities shall not be artificially illuminated, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
6.
No portion of a wind turbine shall contain or be used to display
advertising.
7.
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
8.
Wind turbines shall be set back from side yard and rear yard property
lines, as well as edge of the road right-of-way of any adjacent state
or municipal road a distance not less than 1.5 times the turbine height.
Setback shall be measured from the center of the wind turbine base.
Under no circumstances shall a wind turbine be located closer than
300 feet from an occupied dwelling on an adjacent property and 250
feet from all perennial streams, runs, and/or creeks. The minimum
lot size shall be 15 acres.
9.
Noise from a wind turbine shall not exceed 55 dBA at the nearest
property line measured at a height of both six feet above the ground
surface and 25 feet above the ground surface. The applicant shall
provide technical documentation acceptable to the Township indicating
the noise standard will always be achieved. This documentation shall
be in the form of a sound study completed for another installation
by a certified sound consultant.
10.
Wind energy facilities shall provide reasonable measures to minimize
shadow flicker on any occupied building.
11.
Wind energy facilities shall provide reasonable measures to avoid
disruption or loss of radio, telephone, television, or similar signals,
and shall mitigate any harm caused by the wind energy facility.
12.
Acknowledging that properties may be of an irregular shape and geometric
configuration, under no circumstances shall any blade or vane of a
wind turbine facility protrude over the property line of the property
upon which the facility is being constructed or erected.
13.
A public hearing shall be held by the Township Board of Supervisors
or Planning Commission to afford the residents of the Township the
opportunity to comment on the proposed installation and give the company
proposing the wind turbine facility the opportunity to present their
plans and answer technical questions that may be asked.
14.
Prior to the installation of any wind turbine facility, the company
proposing said installation shall collect and analyze background soil
samples in the area where the facilities are to be installed for pH,
oil, grease lead, benzene, toluene, ethylbenzene (BTEX), cadmium,
chromium, and zinc. This process of collecting and analyzing soil
samples shall be repeated every five years on the anniversary date
of when the facility was put online. Results shall be submitted to
the Township.
15.
The commercial land development submittal shall also discuss and
address the protection of avian wildlife in and around the proposed
installation.
[Ord. No. 2023-1, 10/10/2023]
For this section, "facility" shall mean, but not be limited
to, a principal solar energy facility and system or a wind energy
facility.
1.
The facility owner or operator shall, at its expense, complete decommissioning
of the facility within 12 months after the end of the useful life
of the facility. The facility will be presumed to be at the end of
its useful life if no electricity is generated for a continuous period
of 12 months.
2.
Decommissioning shall include removal of solar panels or collectors,
wind turbines, buildings, cabling, electrical components, roads, foundations
to a depth of 36 inches, and any other associated facilities. Disturbed
earth shall be graded and reseeded. Soil samples shall be collected
and analyzed for the elements listed above respectively for a principal
solar facility or wind energy facility. Results shall be submitted
to the Township. Any soil remediation work needed shall be included
in decommissioning costs.
3.
An independent and licensed professional engineer shall be retained
by the facility owner or operator to calculate the estimated cost
of the complete decommissioning of the facility without regard to
salvage value of the equipment. This value shall be known as "the
decommissioning cost." This cost shall also consider any soil remediation
necessary or anticipated. Said estimates shall be submitted to the
Township after the first year of operation and every fifth year thereafter
on the anniversary of the startup date of the facility.
4.
The facility owner or operator shall post and maintain with the Township
decommissioning funds in an amount equal to decommissioning costs
provided or a value of 100% of the decommissioning cost calculated
by a registered professional engineer. The decommissioning funds shall
be provided by a bonding company or acceptable financial institution
and held by the Township in escrow chosen by the facility owner or
operator and participating landowner posting the financial security,
provided that the bonding company or lending institution is authorized
to conduct such business within the Commonwealth of Pennsylvania and
is approved by the Township. Decommissioning funds may be in the form
of a performance bond, surety bond, letter of credit, corporate guarantee
or other form of financial assistance as may be acceptable to the
Township. If neither the facility owner nor operator complete decommissioning
within the prescribed period, then the Township may take such measures
as necessary to complete decommissioning at the cost of the facility
owner, operator, or property owner. The entry into and submission
of evidence of a participating landowner agreement to the Township
shall constitute agreement and consent of the parties to the agreement,
their respective heirs, successors and assigns that the Township may
take such action as necessary to implement the decommissioning plan.
The escrow agent shall release the decommissioning funds when the
facility owner or operator has demonstrated and the Township concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Township to implement the decommissioning plan.
[Ord. No. 2023-1, 10/10/2023]
1.
Noncompliance with the provisions of this chapter constitutes a violation
hereof, and the Township or its designated Enforcement Officer shall
issue a written notice of said violation to be served by personal
service or by registered or certified mail upon the facility owner,
property owner, lessee, contractor, or operator of said property or
premises or if the owner's whereabouts or identity be unknown,
by posting the notice conspicuously upon the offending property or
premises.
2.
Said notice shall specify the nature of the violation and shall require
the person, company, firm, corporation, entity, owner, lessee, contractor,
or operator to commence to remove or otherwise rectify the source
or basis of the violation set forth therein within 24 hours of mailing,
posting, or delivering said notice and thereafter to fully comply
with the requirements of this chapter within 30 calendar days thereafter.
[Ord. No. 2023-1, 10/10/2023]
Any person, owner, firm, company, corporation, operator, or
lessee violating any of the provisions of this chapter shall be deemed
guilty of a summary offense and upon conviction thereof shall be fined
an amount up to $300. Each day a violation is committed or is permitted
to continue shall constitute a separate offense and shall be punishable
as same.
