[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Uwchlan 11-19-2012 by Ord. No. 2012-03; amended in its entirety 12-16-2019 by Ord. No. 2019-06. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The net metering credits from an alternative energy system
or systems are distributed among two or more electric meters on different
lots.
When the property upon which an alternative energy system
or systems 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 and credited
to the property owner.
The net metering credits from an alternative energy system
or systems are derived from a different location or lot from the meter
or meters being credited.
Accessory structures and systems that provide alternative energy
sources ("systems") shall be permitted, but only as follows:
A.
Applications for alternative energy system permits shall include
information demonstrating compliance with the provisions in this chapter.
B.
Alternative energy systems generating less than 100 watts equivalent
power, or less than four square feet in size, in aggregate, and not
connected to the commercial power system, are exempt from the provisions
of this chapter.
C.
Alternative energy systems that solely provide temporary backup or
emergency power in the event of a utility power outage are exempt
from the provisions of this chapter.
Solar energy systems, wind energy systems and geothermal energy
systems shall be an allowed accessory use in all districts, except
where specifically prohibited.
A.
Alternative energy systems shall provide power for the principal
use on the property whereon the system is located and limited by design
to 125% of the historical peak power usage of the property, or 50
kWe, whichever is less. Alternative energy systems shall not be for
the principal use of generation of power for commercial purposes.
B.
Individual net metering (interconnection with utility grid).
(1)
The owner of the alternative energy system shall provide the Township
with written confirmation that the utility has been informed of the
intent to install an interconnected electrical generation system and
approves of such connection.
(2)
Periodic inspections of interconnections may be performed by the
Township or by the utility after providing adequate written notice
to the property owner and owner of the system if different from the
property owner. The Township shall provide a copy of the inspection
report to the property owner upon receipt. If the inspection is not
performed by the Township, the report shall be provided to the Township
within 30 days of the inspection.
(3)
The alternative energy system shall have an automatic cutoff from
the utility interconnection in the event of utility power outage.
(4)
The alternative energy system shall have manual cutoff provisions
accessible by emergency responders.
C.
Alternative energy systems for community net metering and virtual
net metering shall be prohibited.
D.
Systems may be installed in the side yard or rear yard on the property as defined in Chapter 200, Zoning, of the Upper Uwchlan Code.
E.
Systems shall not be artificially lighted, except to the extent required
by the Federal Aviation Administration or other applicable authority
that regulates air safety.
F.
Systems shall not display advertising, except for reasonable identification
of the system manufacturer or owner.
G.
On-site transmission and power lines between the system and point
of use, to the maximum extent practicable, shall be placed underground,
or suitably armored.
H.
All ground-mounted or ground-accessible electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
I.
Any substantial upgrade, modification or structural change that increases
the size or relocates an existing system must comply with this chapter.
J.
All mechanical equipment and components (appurtenances) associated
with and necessary for the safe operation of the alternative energy
system shall comply with the setbacks for the zoning district in which
the system is installed.
A.
Solar access easements. Solar energy systems shall be located to
ensure adequate solar access without reliance on contiguous or adjacent
properties.
(1)
Where applicant desires to ensure that solar access to a solar energy
system shall not be obstructed over time by permissible uses or activities
on any contiguous or adjacent properties (i.e., by planting or growth
of vegetation, new construction, etc.), it shall be the responsibility
of the property owner and system owner to obtain appropriate solar
access easements from the neighboring property owners and to notify
the Township upon the recording of any such easement.
(2)
All solar access easements shall be recorded in the office of the
Chester County Recorder of Deeds prior to application of permits.
B.
Systems shall use reduced or antiglare coatings.
C.
Glare from solar arrays shall not impinge on any road or public motorway,
or otherwise create a nuisance situation. If glare creates a safety
hazard or a nuisance situation, the Township may at its discretion
require the system owner or the property owner to take appropriate
mitigation measures at their own expense or to require the removal
of the system or portion thereof generating the hazard or nuisance.
D.
Rooftop solar energy systems.
(1)
Rooftop arrays shall not be higher than the peak of the roof, or
higher than 15 inches above the roof surface at any point.
E.
Ground-mounted systems.
(1)
The maximum height of a ground-mounted solar array shall be 15 feet
to its highest point, and all portions of the solar array shall be
within the side and rear yard building setbacks applicable to accessory
structures but no less than 15 feet from the property line.
(2)
The area of the array shall be calculated and added to the maximum
building area coverage that is permitted on the subject property.
(3)
Adequate drainage and infiltration of rainwater shall be provided
for, to eliminate additional runoff from the property.
(5)
Access to the ground-mounted system shall be controlled in accordance with § 200-88, Fences and walls.
(6)
Solar arrays shall not exceed 20% coverage on otherwise unoccupied
property area.
A.
There shall be only one wind energy system per lot.
B.
Maximum height of the wind energy system shall be the same as the
maximum height permitted by right in the zoning district where the
system is located and shall be measured with the blade in maximum
vertical position from the tip of the blade to the ground.
C.
All wind energy systems shall be mounted on a single pole system
with no guide wires or other supports except its foundation.
D.
The wind energy system shall not be climbable up to 15 feet above
ground surface.
E.
All wind energy systems shall be designed and installed to meet maximum
wind speeds of Category 1 hurricanes.
F.
The wind energy systems shall be placed within the side and rear
yard setbacks as applicable to accessory structures or at least a
distance of 1 1/2 times its height away from the property lines
and any occupied structure, whichever is greater.
G.
Wind energy systems shall be set back from the nearest occupied building
located on an adjacent landowner's property a distance of not less
than three times the height, as measured from the center of the wind
turbine base to the nearest point on the foundation of the occupied
building.
H.
All wind energy systems shall be set back from the nearest public
road a distance of not less than 1 1/2 times the height, as measured
from the right-of-way line of the nearest public road to the center
of the wind energy system base.
I.
No windmill blade in any position shall be closer than 12 feet to
the ground.
J.
Sound levels generated by the wind energy system shall comply with sound level limits specified in the Code of Upper Uwchlan Township, § 200-82, at the property line. Methods for measuring and reporting acoustic emissions from the wind energy system shall be equal to or exceed the minimum standards for precision described in "AWEA Small Wind Turbine Performance and Safety Standard (AWEA Standard 9.1 - 2009) The American Wind Energy Association."
K.
All wind energy systems 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 over-speed
protection.
L.
The wind energy system owner shall make reasonable efforts to minimize
shadow flicker to any occupied building on an adjacent landowner's
property.
M.
Wind energy systems shall have a maximum nameplate capacity of 20
kilowatts.
A.
All geothermal installations shall be in accordance with Chapter 152, Stormwater Management, of the Code of the Township of Upper Uwchlan.
B.
Geothermal systems shall conform to the following additional standards:
International Ground Surface Heat Pump Association (IGSHPA), Air-Conditioning
and Refrigeration Institute (ARI) and the American Society of Testing
and Materials (ASTM).
C.
Geothermal systems shall be closed-loop systems.
D.
Geothermal systems shall utilize fluids conforming to the standards
established by the Pennsylvania Department of Environmental Protection.
A permanent sign must be attached to the system specifying that only
approved heat transfer fluids may be used.
E.
In-ground bed/tank systems require a Township grading permit.
F.
All liquid slurry products of well drilling shall be properly drained
so any water leaving the site or entering the Township stormwater
system, waterway or wetlands will be absent of solids/particulates.
G.
No waste or overflow from the system shall be permitted to be discharged
to the Township sanitary sewer system.
H.
No geothermal system shall degrade the quality or performance of
well or septic systems or water infiltration areas.
A.
The alternative energy system owner shall, at its sole expense, complete
decommissioning of the system within 12 months after the end of the
useful life of the system, or after 12 months of nonuse, or as directed
by the Township in writing for violations of this chapter after at
least 30 days' notice and an opportunity to cure has been provided.
The system will presume to be at the end of its useful life, or nonuse,
if no electricity, heat or cooling is generated for a continuous period
of 12 months.
(1)
Decommissioning of a geothermal system shall include purging the
system of the working fluid and disposing of the fluid in accordance
with guidelines issued by the Pennsylvania Department of Environmental
Protection.
(2)
The geothermal in-ground fluid system and boreholes shall be backfilled
with bentonite clay or equivalent material.
B.
Decommissioning shall include removal of equipment, buildings, cabling,
electrical components, roads, foundations to a depth of 36 inches,
and any other associated facilities, including restoration of primary
and accessory structures utilized by the alternative energy systems
to safe and usable condition.
C.
Disturbed earth shall be graded and reseeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
D.
If the system owner fails to complete decommissioning within the
periods prescribed above, Upper Uwchlan Township may, at its discretion
and with notice provided to the owner, take such measures as necessary
to complete decommissioning and receive compensation, or place a lien
upon the property, of costs for the decommissioning from the system
owner.