The environmental improvements and energy conservation requirements
are designed to recognize the need for conservation of energy and
natural resources and to facilitate the utilization of renewable resources.
Environmental improvements are intended to moderate the effects of
solar radiation, conserve energy, improve air quality, reduce glare
and noise, and control erosion, largely through the planting of trees,
shrubs, and other vegetative cover. Energy conservation requirements
are designed to allow the installation of renewable energy devices
and provide the opportunity for individuals to reduce energy dependence
by encouraging the productive use of solar and wind energy components.
The following terms are specifically defined for use within
this article:
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM
A 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 horizontal loop
system except there is no pumping of groundwater.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM
A 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.
DENSE SCREEN PLANTING
A landscaped barrier consisting of predominantly (80% or
more) coniferous trees and shrubs, hedges, earth mounding, walls,
or a combination thereof established at a minimum height of six feet.
Such environmental buffer shall provide a solid visual, noise and
pollutant barrier between potentially incompatible uses. Dense screen
plantings shall be at least five feet in width with irregularly spaced
double or triple rows of plants and shrubs to obtain a dense, solid
mass.
ENERGY STORAGE FACILITY
Equipment consisting of containers, heat exchangers, piping,
and other transfer mechanisms (including fluids, gases or solids),
controls, and related structural support for transporting and storing
collected energy (from solar energy systems), including structural
elements designed for use in passive solar energy systems.
GEOTHERMAL BORE HOLE
A hole drilled or bored into the earth into which piping
is inserted for use in a closed vertical loop geothermal system.
GEOTHERMAL ENERGY SYSTEM
An 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.
INTERIOR ISLAND PLANTING
A durable landscaped planting area located within a vehicular
use area or parking lot. Design and location shall provide shade and
visual separation of parking and pedestrian areas, improve air quality,
and control stormwater runoff from large paved areas. An island or
strip shall be a minimum of 50 square feet in area, at least five
feet in width and contain at least one shade tree, per 40 lineal feet
of island or fraction thereof. Islands of 40 feet or less in length
shall contain at least one shade tree. The remaining area within the
island or strip shall be appropriately landscaped with grass, mulch,
stones, plants, or other materials not exceeding three feet in height.
LARGE WIND ENERGY PRODUCTION FACILITY
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Large wind energy production facilities consist of one or
more wind turbines, tower, and associated control or conversion electronics
and other accessory structures and buildings including substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities. A facility is considered a large wind energy
production facility if it supplies electrical power principally for
off-site use.
OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEM
Water 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 "re-injection."
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.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
PERIMETER PLANTING
A landscaped planting consisting of trees and shrubs established
at less than three feet or greater than six feet in height, so shall
not interfere with any clear sight triangle. Such planting shall separate
streets and vehicular use areas from parking lots, buildings, and
other interior improvements. Perimeter plantings shall consist of
individual trees or shrubs spaced a maximum of 50 feet apart to form
a linear vegetative border, with grass or ground cover continuously
thereunder.
ROOF ACCESS POINTS
Areas where ladders are not placed over openings (i.e., windows
or doors) and are located at strong points of building construction
and in locations where they will not conflict with overhead obstructions
(i.e., tree limbs, wires or signs).
SCREEN PLANTING
A landscaped planting consisting of a mixture of coniferous
trees or shrubs, shade trees, ornamental trees or shrubs, earth mounding,
hedges or a combination thereof established at a minimum height of
six feet. Such planting shall separate and protect uses from noise,
odor and dust, as well as moderating the effects of winter winds and
summer heat. Screen plantings shall be at least three feet in width
with regularly spaced trees and shrubs to obtain a pervious, moderately
dense planting.
SKYSPACE
The open space between a solar or wind collector and the
sun or prevailing wind which must be free of obstructions that may
shade or impede the collector to an extent that would reduce its cost-effective
operation.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, and is intended
to primarily reduce on-site consumption of utility power. A system
is considered a small wind energy system only if it supplies electrical
power solely 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.
SOLAR COLLECTOR
A freestanding or fixed device, or combination of devices,
structures or part of a device or structure that transforms direct
solar energy into thermal, chemical or electrical energy.
SOLAR ENERGY
Radiant energy (direct, diffuse and reflected) received from
the sun.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
TURBINE HEIGHT
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
WIND CHARGER
A wind-driven direct-current generator used for charging
storage batteries.
WIND ENERGY CONVERSION SYSTEM (WECS)
A device such as a wind charger, wind turbine or windmill
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat, consisting of one or more wind turbine and other structures
and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
WIND ROTOR
The blades, plus hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used on a pole or tower along with other generating
and electrical storage equipment and forms a wind energy conversion
system.
WIND TURBINE
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.
WIND TURBINE TOWER
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
WINDMILL
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
Environmental and energy-conserving improvements shall be required
for the following:
A. All new subdivisions and developments.
B. All new uses or buildings erected or established, including said
uses or buildings which are to be located on previously subdivided
lots or unsubdivided property.
C. Expansion of all buildings or uses except single and two-family dwellings.
D. To separate commercial, industrial, institutional and other nonresidential
uses from adjoining residential uses or residential districts.
E. Around parking lots with 10 or more parking spaces and within the
interior of parking lots with 25 or more parking spaces, including
parking spaces, including parking lots expanded beyond these sizes.
F. Areas between parking lots and buildings.
G. Building wall expanses in excess of 75 feet which are exposed to
westerly winds, except single and two-family dwellings.
Environmental improvements shall satisfy the following minimum
standards:
A. General standards.
(1)
A minimum of 15% of each developed lot shall be landscaped with
appropriate ground cover or plantings.
(2)
Land areas with slopes in excess of 20% shall be restricted
to the removal of not more than 25% of the total vegetative cover
of the lot.
(3)
Existing plant material shall be preserved, wherever possible,
during development. Such existing plants shall be credited toward
required plantings. Where topographic, vegetative or engineering features
on or adjacent to the site may provide the desired conservation and
environmental protection, the design plan may be adjusted to credit
use of the alternate projective features, provided the Planning Department
Site Review Committee approves the design.
(4)
All required trees shall be a minimum 1 1/2 inches caliper
and trees, shrubs and plants shall be disease-resistant, saline-tolerant,
winter hardy and of a species suitable for this geographic region.
(5)
All landscaping and plantings shall be installed using good
planting procedures, utilizing quality plant material.
(6)
Plantings should not be designed to interfere with southern
exposure to solar radiation.
B. Specific standards.
(1)
Buffer areas. Dense screen plantings shall be required within
all specified buffer areas. Said plantings shall be centered within
the yard space to provide for growth without infringements upon the
property line.
(2)
Streets. Perimeter plantings shall be required along each side
of all new streets, a maximum distance of 10 feet from the street
right-of-way line. Planting strips of five feet or more in width between
the sidewalk and the street may be approved for perimeter plantings
utilizing appropriate tree species. When divided streets are proposed,
perimeter plantings shall also be required within the median strip.
(3)
Parking lots. Perimeter plantings shall be required around the
border of all parking lots containing 10 or more parking spaces. Said
plantings shall be a maximum of 10 feet from the edge of the paved
parking surface. Interior island plantings shall be required within
all parking lots containing 25 or more parking spaces. Interior island
plantings shall be provided 1) at the ratio of five square feet of
planting area for each 100 square feet of paved parking and vehicular
use area, and 2) in locations which will divide and separate the parking
lot.
(4)
Buildings. Screen plantings shall be required, except for single
and two-family dwellings, around and along buildings in accordance
with the following:
(a)
Parking lots of 10 or more parking spaces shall be a minimum
of 20 feet from the building line of any principal building or structure.
The twenty-foot setback shall contain appropriate screen plantings.
(b)
Building walls over 75 feet in length which face westerly, southwesterly
or northwesterly shall be bordered by a parallel screen planting which
is equal in length to the wall length and is located a maximum of
50 feet from the face of the wall.
The use of solar wind and alternate energy systems is encouraged
within these regulations and permitted within any zoning district.
Although the installation of such systems is not mandatory, where
they are utilized, the following standards shall apply:
A. Solar energy systems — general requirements.
(1)
The local utility provider shall be contacted to determine grid
interconnection and net metering policies. The applicant shall submit
written confirmation to the Township that the utility company has
been informed of the owner's intent to install a grid connected system
and has approved of such connection. The applicant also shall submit
certificates of design compliance obtained by the equipment manufacturers
from a certifying organization and any such design shall be certified
by an Engineer registered in the Commonwealth of Pennsylvania.
(2)
The solar energy system shall comply with all applicable Township
Ordinances and Codes so as to ensure the structural integrity of such
solar energy system.
(3)
In order to ensure the safety of emergency responders and in
accordance with Township requirements, the type of solar energy system
(thermal, chemical or electrical) and the system shutoff location(s)
shall be clearly identified on the equipment.
(4)
Before any construction can commence on any solar energy system
the property owner must acknowledge that he/she is the responsible
party for owning and maintain the solar energy system. If the solar
energy system is abandoned or is in a state of disrepair it shall
be the responsibility of the property owner to remove or maintain
the solar energy system.
B. Solar collectors — roof-mounted. Roof-mounted solar collectors
shall be permitted as an accessory use to a principal use within any
zoning district by right in accordance with the following standards:
(1)
Roof-mounted solar collectors shall comply with the maximum
building height requirements of the zoning district in which the installation
of the solar collector is proposed.
(2)
On pitched roofs, roof mounted solar collectors shall be installed
as close to parallel as possible to the pitch of the roof while not
sacrificing the efficiency of the solar collector.
(3)
On flat roofs, roof-mounted solar collectors may be installed
at an angle to improve the efficiency of the solar collector with
regard to the predominant sun angle, provided that the solar collector
is placed in a manner to minimize its visibility from street level.
(4)
There will be a minimum of 36 inches of clearance at the ridge
line where solar photovoltaic energy systems are installed on roofs.
Systems are allowed to be installed down to the eave, if there remain
three access points from the ground to the ridge. If there are less
than three access points to the roof ridge, then there shall remain
a thirty-six inch perimeter of walking area around the system.
(5)
The systems installed shall provide for the ability to disconnect
the system and disable the production of electricity to avoid potentially
hazardous conflicts between the system and firefighters and their
respective firefighting apparatuses. The manufacturer specifications
and a detailed sketch showing the location of all disconnects shall
be submitted to the Township with a copy to the local fire department
responsible for coverage of the site as part of the application. The
systems shall be subject to the review of the local Fire Chief/marshal
prior to the issuance of a building permit.
C. Solar collectors — ground-mounted. Ground-mounted solar collectors
shall be permitted as an accessory use to a principal use within any
zoning district by right in accordance with the following standards:
(1)
Ground-mounted solar collectors shall comply with the setback
requirements of the zoning district in which the installation of the
solar collector is proposed.
(2)
Ground-mounted solar collectors shall not be permitted by right
in any front yard. The Zoning Hearing Board may authorize, by special
exception, the installation of a ground-mounted solar collector in
a front yard if the applicant demonstrates that, due to solar access
limitations, no location exists on the property other than the front
yard where the solar collector can perform effectively.
(3)
Ground-mounted solar collectors shall not exceed a height of
10 feet.
(4)
Glare from ground-mounted solar collectors shall be directed
away from adjoining properties or street rights-of-way. Fences or
vegetative screens may be utilized to prevent glare from impacting
adjoining properties or street rights-of-way.
D. Small wind energy systems. Small wind energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
The design and installation of all small wind energy systems
shall conform to applicable industry standards, including those of
the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer
Lloyd Wind Energies, the ASTM, or other similar certifying organizations,
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
(2)
No more than one small wind energy system shall be permitted
per lot.
(3)
Small wind energy systems shall not generate noise which exceeds
55 decibels measured at any property line.
(4)
Small wind energy systems shall not be artificially lighted,
except to the extent required by the FAA.
(5)
All on-site utility and transmission lines extending to and
from the small wind energy system shall be placed underground.
(6)
No part of any small wind energy system shall be located within
or above any front yard, along any street frontage, nor within any
required principal building setback of any lot.
(7)
Structure-mounted small wind energy systems shall comply with
all applicable provisions of this section.
(8)
All small wind energy systems that are independent of any other
structure 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. This setback requirement shall not apply
to inhabited structures when located on the same lot as the small
wind energy system.
(9)
The maximum height of any small wind energy system shall not
exceed 50 feet from the finished grade elevation.
(10)
No portion of any small wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(11)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground.
(12)
Small wind energy systems shall not display advertising, except
for reasonable identification of the small wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(13)
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 each zoning district.
Accessory buildings shall not be located within any front yard or
along any street frontage, nor within any required setback of any
lot.
(14)
The owner shall provide a copy of the letter from the electric
utility company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Township prior to the issuance of a certificate of use and occupancy
for the small wind energy system. Off-grid systems shall be exempt
from this requirement.
(15)
The owner of the small wind energy system shall, at the owner's
expense, complete decommissioning within 12 months after the end of
the useful life of the small wind energy system. It shall be presumed
that the wind turbine is at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(16)
The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover damage
or injury that might result from the installation and operation of
the small wind energy system.
E. Large wind energy production facilities. Large wind energy production
facilities shall be permitted by special exception, subject to the
following regulations:
(1)
The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas,
Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying
organizations, and shall comply with the Building Code and with all
other applicable fire, and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
(2)
Large wind energy production facilities shall not generate noise
which exceeds 55 decibels measured at any property line.
(3)
All on-site utility and transmission lines extending to and
from the large wind energy production facility shall be placed underground.
(4)
All large wind energy production facilities 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. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
(5)
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
(6)
Wind turbines and towers shall not display advertising, except
for reasonable identification of the large wind energy production
facility's manufacturer. Such sign shall have an area of less than
four square feet.
(7)
Wind turbines and towers shall be a non-obtrusive color such
as white, off-white or gray.
(8)
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
(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 non-authorized
persons.
(11)
No portion of any large wind energy production system shall
extend over parking areas, access drives, driveways or sidewalks.
(12)
All large wind energy production facilities 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 large wind energy production facilities shall be completely
enclosed by a minimum eight-foot high fence with a self-locking gate,
or the wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing apparatus
shall be fully contained and locked within the tower structure.
(15)
The large wind energy production facility owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The large wind energy production facility owner shall
then have 12 months in which to dismantle and remove the large wind
energy production facility from the lot. At the time of issuance of
the permit for the construction of the large wind energy production
facility, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expense of dismantling and
removing said structures.
(16)
The owner of the large wind energy production facility shall
be required to provide a certificate of insurance to the Township
providing evidence of liability insurance of not less than $1,000,000
and naming the Township as an additional insured on the policy or
policies of the owner and/or lessee.
F. Geothermal energy systems. Geothermal energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
Only closed loop geothermal energy systems shall be permitted.
Open-loop geothermal energy systems are prohibited within the Township.
(2)
For all closed loop geothermal systems relying upon circulating
fluids, only nontoxic, biodegradable circulating fluids such as food-grade
propylene glycol shall be permitted.
(3)
Geothermal systems shall not encroach on public drainage, utility
roadway or trail easements of any nature.
(4)
All horizontal closed loop systems shall be no more than 20
feet deep.
(5)
All vertical closed loop geothermal energy systems shall have
proper grout sealing with the following properties:
(a)
High thermal conductivity to allow heat transfer;
(b)
Low viscosity to allow the grout top wrap around the pipe;
(c)
Low shrinkage volume to ensure that the grout will not pull
away from the pipe; and
(d)
Low permeability to prevent the migration of antifreeze solution
in the event of a line breakage.
(6)
Geothermal energy systems shall be located a minimum distance
of 25 feet from any property line, unless documentation in the form
of a written agreement with the adjoining property owner(s) is provided.
(7)
Geothermal energy systems shall be located a minimum distance
of 100 feet from existing potable water wells and a minimum distance
of 25 feet from any existing septic system.
(8)
Above-ground equipment associated with geothermal pumps shall
not be installed in the front yard of any lot or the side yard of
a corner lot adjacent to a public right-of-way and shall meet all
required setbacks for the applicable zoning district.
(9)
All horizontal closed-loop geothermal energy systems shall be
properly backfilled, including the removal of sharp-edged rocks before
backfilling in order to prevent such rocks from coming into contact
with the system pipe.
(10)
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 and Refrigeration Institute (ARI), or other similar
certifying organizations, and shall comply with the East Hanover Township
Building Code, and with all other applicable Township requirements.
The manufacturer specifications shall be submitted as part of the
application.
(11)
Abandonment. If the geothermal system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at their expense after
a demolition permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be
removed.
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
G. Building permit required. The installation of solar energy systems,
wind energy facilities, and/or geothermal energy systems shall be
subject to all permitting and inspections with regard to applicable
provisions of the Pennsylvania Uniform Construction Code (UCC) and
the National Electric Code (NEC), in addition to any other Township
ordinances and/or regulations required to demonstrate compliance with
the provisions of this chapter.
H. Protection. Where a solar or wind energy system has been installed,
it shall be the responsibility of the property owner to secure any
easements or restrictive covenants necessary to protect the skyspace
affecting the solar or wind system. Such an agreement shall be negotiated
between owners of affected properties, but it is not a requirement
for approval of a building and zoning permit for the solar or wind
energy system.
The improvements required and permitted within this article
shall be maintained and protected to ensure their environmental benefits.
The following specific requirements shall apply:
A. Maintenance.
(1)
Plantings. All required plantings shall be maintained in a good
condition to present a healthy, neat and orderly appearance. Such
plantings shall be kept free from refuse and debris. Plants damaged
by insects, disease, vehicular traffic, acts of nature or vandalism
shall be replaced by the next planting period.
(2)
Energy systems. Energy systems shall be maintained in a safe
manner. Broken glass or other potentially hazardous conditions shall
be promptly repaired. A disconnected or abandoned energy system shall
be promptly repaired. A disconnected or abandoned energy system shall
be removed from the property within 60 days of such abandonment.
B. Protection.
(1)
Plantings. Required plantings shall not be removed except to
facilitate the planting of acceptable replacement plants. Property
improvements shall be protected at all times by such environmental
plantings and extensive trimming or pruning of the plantings to reduce
or eliminate the protection shall not be permitted.
(2)
Energy systems. Where a solar or wind energy system has been
installed, it shall be the responsibility of the property owner to
secure any easements or restrictive covenants necessary to protect
the skyspace affecting the solar or wind systems. Such an agreement
shall be negotiated between the owners of affected properties, but
it is not a requirement for approval of a building and zoning permit
for the solar or wind energy system.
The following factors shall be considered, in addition to those within §
250-270 of this chapter, when reviewing petitions for variances to the provisions of Article
XX:
A. Variances shall be granted only for minimum relief and not for purely
financial reasons.
B. Variances to planting requirements shall not request relief from
planting height, quality or maintenance.
C. Variances for energy systems shall allow for effective placement
of energy systems, provided the skyspace of adjoining property owners
is not restricted.
D. Variances shall consider the resulting effect on the microclimate
on the property.
E. Variances shall consider possible damage to utilities.