[Added 12-6-2021 by Ord.
No. 21-07[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Arts. XXIX through XXXIII as Arts. XXX through XXXIV.
A.
The purpose of this article is to provide for the use of alternative
energy systems and facilities to establish fossil fuel consumption
reduction strategies related to the land development, installation,
and construction of residential and nonresidential developments in
Middletown Township, subject to reasonable conditions to protect the
public health, safety, and welfare. This article applies to alternative
energy systems to be installed and constructed on any property.
B.
Middletown Township seeks to incentivize the inclusion of alternative
energy systems as a component of new residential and new nonresidential
development while regulating the use of potentially intrusive facilities,
equipment, and machinery.
C.
Middletown Township seeks to promote sustainable site and building
design strategies which maximize opportunities for solar orientation
and building energy supply design that includes alternative energy
sources.
D.
Middletown Township seeks to improve the resiliency of the traditional
power delivery grid by allowing for alternative energy sources on
an individual lot or in a community-based system to supplement and
or provide up to 100% of required energy needs.
E.
Middletown Township seeks to improve air quality and supports the
reduction of greenhouse gas emissions by reducing dependency on energy
produced by the consumption of fossil fuels.
A.
This article shall apply to all alternative and emerging energy systems
that are proposed to be constructed after the effective date of this
article.
B.
Alternative and/or emerging energy systems constructed prior to the
effective date of this article shall not be required to meet the requirements
specified under this article. Any physical modification to an existing,
alternative, or emerging energy system that alters the size, type
and generating capacities of the system shall require a permit and
shall comply with the applicable provisions specified under this article.
C.
Alternative and/or emerging energy systems may be considered as an
accessory use within all zoning districts (except where otherwise
noted), provided that the principal use is a permitted use or conforming
use within the zoning district on which the alternative and/or emerging
energy system is located.
D.
Alternative and/or emerging energy systems may be considered as a
principal use within all zoning districts, where that alternative
and/or emerging energy system is part of a larger subdivision and
is intended to provide energy to more than one dwelling unit or nonresidential
use within the zoning district in which the alternative and/or emerging
energy system is located.
E.
An alternative and/or emerging energy system may be utilized as the
primary energy source by the principal use of the lot on which it
is located. Surplus energy may be exchanged, transferred, and/or sold
to a public or private utility company, provided that such surplus
energy is exchanged, transferred, and/or sold in accordance with the
provisions established by the Public Utility Commission and Public
Utility Code, 66 Pa.C.S.A. § 101 et seq.
A.
The following provisions shall specifically apply to wind energy
systems:
(1)
Wind energy systems shall be permitted by conditional use as
an accessory use, provided that such systems are located on a lot
with a permitted use in accordance with the applicable provisions
of this chapter.
(2)
Wind energy systems shall be located no less than 100 feet (or
1.1 times the height of the device, whichever is greater) from a side
or rear property line, no less than 100 feet (or 1.1 times the height
of the device, whichever is greater) from overhead utility lines,
no less than 150 feet (or 1.1 times the height of the device, whichever
is greater) from a street line, and no less than 1.5 times the height
of the device from any occupied building on the lot. In no case, however,
shall a wind energy system be located within a front yard, as defined
in this chapter, or within the minimum required side and/or rear yard.
(3)
Wind energy systems attached to the roof or walls of an occupied
structure are prohibited.
(4)
There shall be a maximum of one device on a single parcel or
multiple parcels in the same ownership, and it shall not exceed that
which will produce up to a maximum 100 KW of output, as determined
by the public utility providing electric service to Middletown Township.
(5)
Maximum height of the structure, including all moving and rotating
parts, shall be 80 feet in the C, CS, GB, M-1, OC, and P Zoning Districts
and 60 feet in all other zoning districts, measured from the undisturbed
ground elevation at the base of the device to the highest point of
the arc of the blade, helix, or to the top of the tower, whichever
is greater.
(6)
Minimum distance between the undisturbed ground at the base
of the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
(7)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access. The tower shall
not provide steps or a ladder readily accessible to the public for
a minimum height of 10 feet above the ground surface.
(8)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side, or rear yards.
(9)
No artificial lighting (unless required by the Federal Aviation
Administration), signage, or any forms of advertising shall be utilized
or attached to the wind energy system.
(10)
Design and location of a wind energy system shall consider,
to the greatest extent possible, the aesthetics of the surrounding
environment. Middletown Township may require submission of illustrations
and photos depicting the color, size, shape, and architectural features
of the proposed device and submission of color photographs of the
proposed tower location taken from the view of all adjoining properties
and roads. The wind generator and the tower shall remain painted or
finished in the color or finish that was originally applied by the
manufacturer, unless a different color or finish is approved by Middletown
Township.
(11)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, shall be submitted,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed wind energy device,
ownership information for adjoining properties, and setback measurements
from property lines, street lines, and occupied buildings.
(12)
All utility lines, including electrical wires other than wires
necessary to connect the wind generator to the tower wiring, the tower
wiring to the disconnect junction box, and the grounding wires, must
be installed underground in accordance with the National Electrical
Code® (latest edition) and the prevailing
standards of the servicing utility company.
(13)
Any wind energy system that is defective, or has been abandoned,
that is deemed to be unsafe by the Township Building Code Official
shall be required to be repaired by the owner to meet federal, state,
and local safety standards, or be removed by the property owner, within
six months of written notification from Middletown Township. If the
owner fails to remove or repair the defective or abandoned wind energy
system, Middletown Township may pursue a legal action to have the
system removed at the owner's expense.
(14)
A wind energy system, including tower, shall comply with all
applicable state construction and electrical codes and the National
Electrical Code®. Prior to issuance
of a building/zoning permit for installation of the device, the applicant
must submit to Middletown Township all documentation required by the
Middletown Township Building Code Official to verify that the design
of the device complies with the Pennsylvania Uniform Construction
Code (UCC), including, but not limited to, documentation of the structural
integrity of the foundation, base, tower, and all appurtenant structures,
and electrical design. Design information must be signed and sealed
by a licensed professional engineer in the Commonwealth of Pennsylvania
and/or by the equipment manufacturer.
(15)
The use shall not interfere with the reception of any radio,
television, or other communication equipment nor inhibit solar access
to adjacent properties.
(16)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(17)
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
guy wires up to a height of 10 feet from the ground.
(18)
All 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. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
(19)
All wind energy systems shall primarily serve on-site generation
needs, unless otherwise approved by Middletown Township. If a hookup
to a public or community utility system is proposed, electrical plans
must be signed and sealed by a certified electrical engineer, at the
applicant's expense, and submitted to the utility company and
Middletown Township for approval.
(20)
The applicant shall make reasonable efforts to minimize shadow
flicker at the property line.
(21)
A nonparticipating landowner shall not intentionally block,
interfere with, or disrupt the functional operation of an existing
wind energy system. If such action or event should occur, the matter
shall be resolved as a civil dispute between the landowners, and Middletown
Township shall not be held responsible.
B.
The following provisions shall specifically apply to solar
energy systems:
(1)
Solar energy systems as described in this article are permitted
in all zoning districts as an accessory use to a permitted principal
use, subject to the standards for accessory uses in the applicable
zoning district and the specific criteria set forth in this article.
(2)
The Historic Preservation Commission shall be consulted in the review of all solar energy systems proposed for installation on or within an historic property in Middletown Township. A property, building, or structure shall be considered an historic property if it is listed on either the Pennsylvania or National Register of Historic Places, it is included in an official historic structures list maintained by Middletown Township, or it satisfies one of the criteria set forth at § 500-2314B of this chapter.
(3)
Solar energy systems designed and permitted as an attached alternative
energy facility are permitted, provided that all structural components
of the solar energy system do not exceed the allowable building height
requirements of the zoning district in which it is located by a maximum
of 15 feet. The building height shall be measured from the average
ground elevation of the building to the average height of the solar
panel(s) or other structural components of the solar energy system.
(4)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, shall be submitted,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed solar energy system,
ownership information for adjoining properties, and setback measurements
from property lines, street lines, and occupied buildings.
(5)
A solar energy system designed and permitted as a freestanding,
ground-mounted alternative energy facility shall be located in accordance
with the applicable building setbacks for the zoning district in which
it is to be located and shall not exceed 15 feet in height, as measured
from the ground surface to the highest extended point of the structure.
All such solar energy systems shall comply with the building and lot
coverage requirements of the zoning district in which they are located.
Ground-mounted solar systems and any related appurtenances must be
screened and or fenced in accordance with the National Electrical
Code® (latest version).
(6)
A solar energy system designed and permitted as a building-integrated
photovoltaic (BIPV) system shall be limited to glazing and roofing
installations only.
(7)
Solar energy systems shall be located, designed, and installed
as per the manufacturer's specifications, as well as all zoning,
building code, and utility requirements, and in accordance with the
National Electrical Code® (latest version
adopted in Pennsylvania).
(8)
Solar energy systems shall be located behind the front facade
of the building occupying the permitted use. No ground-mounted solar
energy system shall be permitted in the front yard of the lot on which
it is located.
(9)
A solar energy system may exceed the applicable maximum accessory
structure height if it will cover an impervious surface parking area.
Height may not exceed the height of the primary structure that the
parking area serves by more than 15 feet. Minimum height of the parking
canopy must allow clearance for emergency service and service vehicles.
(10)
For purposes of determining compliance with building coverage
standards of the applicable zoning district, the total horizontal
projection area of all ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, and inverters,
shall be considered pervious coverage so long as pervious conditions
are maintained underneath the solar photovoltaic cells, panels, and
arrays.
(11)
A nonparticipating landowner shall not intentionally block,
interfere with, or disrupt the functional operation of an existing
solar energy system. Owners of solar energy systems are encouraged,
but not required, to obtain solar access easements from neighboring
landowners to ensure solar access. When an applicant owns two or more
adjacent lots, and at least one of those lots is proposed to utilize
solar energy collection devices, the applicant is requested to consider
establishing a solar access easement or a similar legal mechanism
to make sure that structures or vegetation on one lot does not unreasonably
obstruct solar access for the solar energy collection devices on the
adjacent lot. Middletown Township does not guarantee and will not
protect any individual property rights with respect to solar access.
If such action or event should occur, the matter shall be resolved
as a civil dispute between the landowners, and Middletown Township
shall not be held responsible.
(12)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(13)
Solar energy panels erected on a roof must be placed in accordance
with all applicable codes and practices related to firefighting and
be reviewed by the Middletown Township Fire Marshal.
(14)
A solar energy system shall comply with all applicable state
construction and electrical codes and the National Electrical Code®. Prior to issuance of a building/zoning permit
for installation of the device, the applicant must submit to Middletown
Township all documentation required by the Middletown Township Building
Code Official to verify that the design of the device complies with
the Pennsylvania Uniform Construction Code (UCC), including, but not
limited to, documentation of the structural integrity of all appurtenant
structures, and electrical design. Design information must be signed
and sealed by a licensed professional engineer in the Commonwealth
of Pennsylvania and/or by the equipment manufacturer.
C.
The following provisions shall specifically apply to geothermal
energy systems:
(1)
Middletown Township residents depend on groundwater as a water
supply source. Because geothermal systems are constructed in the ground
or use groundwater, these systems create a potential for water supply
and quality degradation. Therefore, the Middletown Township Board
of Supervisors finds that the installation, use, and maintenance of
geothermal systems are matters of legitimate concern with respect
to public health, safety, and welfare, and that the regulation of
the installation and maintenance of geothermal systems is warranted.
(2)
It shall be unlawful to install a new geothermal well or modify
an existing geothermal well without a valid permit.
(3)
Open-loop geothermal systems are prohibited.
(4)
Closed-loop geothermal energy systems shall be permitted by
right, provided that such systems are located on a lot with a permitted
use in accordance with the applicable provisions of this article.
(5)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, shall be submitted,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed closed-loop geothermal
system, boreholes, ownership information for adjoining properties,
and setback measurements from property lines, street lines, and occupied
buildings.
(6)
The geothermal system must be installed, maintained, and decommissioned
in conformance with the IGSHPA Closed-Loop/Geothermal Heat Pump Systems
Design and Installation Standards, as the same may be amended and
updated from time to time, and as per the manufacturer's specifications
as well as all zoning, building code, and utility requirements.
(7)
Only a Pennsylvania Department of Environmental Protection licensed
well driller, or an IGSHPA-accredited geothermal system installer,
shall conduct the drilling of a geothermal well. In all cases, the
well-drilling rig must also be approved by the Pennsylvania Department
of Environmental Protection.
(8)
Geothermal energy systems may be located on a lot with a permitted
use, provided that all structural components comply with the building
setback requirements and lot coverage requirements of the zoning district
on which it is located.
(9)
Minimum isolation (setback) distance. Wells and boreholes regulated
by this article shall be located using the minimum isolation (setback)
distances to existing or potential sources of pollution listed in
Table 1. For closed-loop geothermal wells and boreholes, which, due
to infeasibility, cannot conform to the requirements of Table 1, an
appeal to the Zoning Officer can be made detailing the infeasibility
and the proposed location. Upon review, the Zoning Officer may reduce
the required setback distances.
(10)
Closed-loop geothermal boreholes shall be located, drilled,
and finished in a manner that will protect the borehole structure
from damage from surface activities or other natural occurrences so
that the quality of the local groundwater cannot be affected.
(11)
The minimum required backfilling material for boreholes is bentonite.
Bentonite grout shall be pure, with at least 20% solids by weight
when mixed with water. Hydration of the bentonite must be delayed
until the bentonite has been placed down the well. It is recommended
that the vertical boreholes are grouted from the bottom of the well
to the top using an appropriate grout with thermal transfer properties.
If the borehole penetrates bedrock, it must be grouted from a depth
of 15 feet into the bedrock to the top of the borehole.
(12)
A nonparticipating landowner shall not intentionally block,
interfere with, or disrupt the functional operation of a geothermal
system. If such action or event should occur, the matter shall be
resolved as a civil dispute between the landowners, and Middletown
Township shall not be held responsible.
(13)
A geothermal energy system shall comply with all applicable
state construction and electrical codes and the National Electrical
Code®. Prior to issuance of a building/zoning
permit for installation of the system, the applicant must submit to
Middletown Township all documentation required by the Middletown Township
Building Code Official to verify that the design of the system complies
with the Pennsylvania Uniform Construction Code (UCC). Design information
must be signed and sealed by a licensed professional engineer in the
Commonwealth of Pennsylvania and/or the equipment manufacturer.
|
Table 1
| |
|---|---|
|
Setback From
|
Borehole and Geothermal Supply and Geothermal Return Well
(feet)
|
|
Delineated wetlands, floodplains, lakes, ponds, or other surface
waters
|
25
|
|
Storm drains, retention basins, stabilization ponds, or stormwater
management facilities
|
10
|
|
Preparation area or storage area of hazardous spray materials,
fertilizers, chemicals, or salt piles
|
300 feet; 150 feet (if borehole is cased and grouted inside
and out)
|
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
15 feet or according to easement
|
|
Existing water and forced sewer buried utilities and/or utility
trenches
|
15 feet or outside easement
|
|
Septic tanks, aerobic tanks, or holding tanks
|
25
|
|
Subsurface sewage disposal systems, elevated sand mounds, or
other sewage disposal fields
|
50
|
|
Sewage seepage pits and cesspools
|
25
|
|
Farm silos, barnyards, privies, and fuel tanks
|
25
|
|
Spray irrigation sites, sewage sludge, and septage disposal
sites
|
25
|
|
Dedicated public right-of-way and property lines
|
10
|
|
Building foundations (except for buildings enclosing water wells
and/or water well pumps and any other source of pollution as approved)
|
10
|
|
Identified NPL site (Superfund) plume area
|
300
|
|
Any other source or potential source of pollution
|
300
|
D.
The following provisions shall specifically apply to wood-fired
boilers:
(1)
Wood-fired boilers, as defined under § 500-202, shall be permitted by special exception, as an accessory use, in residential districts with a minimum lot area of two acres or more as an alternative or emerging energy facility serving any residential use.
(2)
In no case shall a wood-fired boiler be permitted in the required
front, side, or rear yard, nor shall it be located closer than 150
feet to any property line.
(3)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, shall be submitted,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed wood-fired boiler,
ownership information for adjoining properties, and setback measurements
from property lines, street lines, and occupied buildings.
(4)
Wood-fired boilers shall be a Phase 2 type, as certified by
the United States Environmental Protection Agency (EPA) as meeting
a particulate matter emission limit of 0.32 pounds per million British
thermal units output and labeled accordingly. Phase 2 outdoor wood-fired
boiler models will be identified with a white hang tag.
(5)
Wood-fired boilers shall be premanufactured self-contained systems
with a lockable fuel feed chute and ash door.
(6)
Wood-fired boilers shall have a permanently attached smokestack
with a minimum stack height of 10 feet above the ground that also
extends at least two feet above the highest peak of any residence
located less than 150 feet from the outdoor wood-fired boiler.
(7)
Fuel for wood-fired boilers shall consist of clean wood, wood
pellets made from clean wood, biomass woody fuels, wood chips, home
heating oil, natural gas, propane, or that which complies with all
applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired outdoor wood-fired boilers.
(8)
The following fuels are prohibited:
(a)
Any material not listed in § 500-2903D(7) above.
(b)
Treated or painted wood.
(c)
Furniture.
(d)
Garbage.
(e)
Tires.
(f)
Plastic.
(g)
Rubber.
(h)
Waste petroleum products.
(i)
Paint or paint thinner.
(j)
Chemicals.
(k)
Hazardous waste.
(l)
Coal.
(m)
Glossy colored paper.
(n)
Construction or demolition debris.
(o)
Plywood.
(p)
Particle board.
(q)
Saltwater driftwood.
(r)
Manure.
(s)
Animal carcasses.
(t)
Asphalt products.
(9)
As part of the special exception application, the Zoning Hearing
Board may attach reasonable conditions and safeguards.
(10)
A wood-fired boiler system shall comply with all applicable
state construction and electrical codes and the National Electrical
Code®. Prior to issuance of a building/zoning
permit for installation of such a boiler, the applicant must submit
to Middletown Township all documentation required by the Middletown
Township Building Code Official to verify that the design of the system
complies with the Pennsylvania Uniform Construction Code (UCC). Design
information must be signed and sealed by a licensed professional engineer
in the Commonwealth of Pennsylvania and/or the equipment manufacturer.
E.
The following provisions shall specifically apply to emerging energy systems other than those as described in § 500-2903A through D:
(1)
Emerging energy systems, other than those specifically defined
in this article, shall be permitted by special exception as an accessory
use, provided that such systems are located on a lot with a permitted
use in accordance with the applicable provisions of this chapter.
(2)
Emerging energy systems may be located on or attached to an
occupied building, provided that the structural components of the
emerging energy system do not exceed the permitted building height
requirements of the zoning district in which it is located.
(3)
An emerging energy system may be located on a lot with a permitted
use, provided that all structural components comply with the building
setback requirements and lot coverage requirements of the zoning district
in which it is located.
(4)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, shall be submitted,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed emerging energy system,
ownership information for adjoining properties, and setback measurements
from property lines, street lines, and occupied buildings.
(5)
An emerging energy system may be located on a lot provided that
it is located, designed, and installed considering the health, safety,
and general welfare of the adjacent property owners. As part of the
special exception application, the Zoning Hearing Board may attach
reasonable conditions and safeguards.
(6)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
F.
The following resource protection provisions shall apply to all alternative
or renewable energy systems:
(1)
The landowner shall provide documentation of the land and airspace
on his property, which must remain open to assure adequate solar access,
water, and/or wind to the renewable energy system. All such documentation
shall be considered as part of the permit application or special exception
application.
(2)
As part of the permit application, the landowner shall notify
the Zoning Officer that the alternative or renewable resource system
has been installed. The landowner shall also provide the Zoning Officer
with any other permits that have been obtained from agencies with
jurisdiction in order to locate the alternative or renewable energy
resource system on the property.
G.
The following provisions shall apply to noise, shadow flickering,
and/or interference involving alternative and/or emerging energy systems:
(1)
Audible sound from any alternative and/or emerging energy facility
shall not exceed 55 dBA, as measured at the applicant's property
line. Middletown Township has the right to inspect, measure, and record
sound levels at the applicant's expense.
(2)
The applicant shall not disrupt radio, telephone, television,
or similar communication signals and shall mitigate any harm caused
by the alternative and/or emerging energy system.
A.
Shading.
(1)
No structure, whether principal use or accessory use; and no
coniferous plant materials, whether trees, shrubs or other; and no
permanently fixed equipment shall be of such a height that it would
cast a shadow during daylight between 9:00 a.m. and 3:00 p.m. on the
winter solstice (the shortest day of the year) on any solar gathering
component of an existing or proposed solar energy system or on the
southward face of another building at the wall and/or at the roofline
or the buildable area of a parcel if no building exists.
(2)
Buildings shall be built incorporating an overhang, awning,
deciduous trees, or other methodology that casts a shadow on all fenestration
on the southward exposure of the building during daylight between
9:00 a.m. and 5:00 p.m. (daylight saving time) on the summer solstice
(the longest day of the year).
B.
Landscaping.
(1)
All required landscaping, street trees, and buffers shall be
provided in accordance with the regulations for the zoning district
in which the project is located and in accordance with the Subdivision
and Land Development Ordinance as applicable.
(2)
Prevailing winds are to be identified, and landscaping shall
be positioned to provide a windbreak for any occupied building.
(3)
Street trees shall be placed considering solar access and shading.
(4)
Coniferous trees shall be placed on the north side of a structure
to provide a windbreak in the winter, and deciduous trees shall be
placed on the south side of structures to provide shading in the summer
and solar energy access in the winter.
(5)
All landscape berms shall be on the north side of any occupied
building upon a lot.
C.
Cool/green roofs.
(1)
The use of green roofs and cool roofs on nonresidential, flat,
or slightly sloped (0° to 30° pitch) roofed buildings and
structures is encouraged to supplement measures to reduce energy consumption,
reduce heat island effects, and provide other environmental benefits
such as a reduction in stormwater runoff.
(2)
Cool roofs shall have a solar reflectance index of 50 or greater
in accordance with the Cool Roof Rating Council and ANSI/CRRC S100
(2016), Standard Test Methods for Determining Radiative Properties
of Materials.
(3)
Green roofs shall include vegetation on at least 50% of the roof area of all buildings in the project and shall use only drought-tolerant landscaping. Green roofs shall be installed in accordance with ANSI standards for fire, wind uplift, and root repellency (ANSI/SPRI VF-1, ANSI/SPRI RP-14 and ANSI/SPRI VR-1.) See § 500-2905 for available bonus provisions.
E.
Thermal mass walls.
(1)
The use of thermal mass walls is encouraged to supplement measures
to reduce energy consumption in combination with renewable energy
sources and other passive energy reduction strategies as outlined
in this article.
(2)
In accordance with the 2018 Pennsylvania Alternative Residential
Energy Provisions, as published by the Pennsylvania Housing Research
Center, and the Pennsylvania Energy Code, thermal mass walls must
have an R value of 8 or an R value of 13, when more than half the
insulation is on the interior.
A.
To encourage the use of alternative and/or emerging energy green
technologies and sustainable design features, for all new construction
the following bonuses may be used for a reduction in Middletown Township
permit and escrow fees, increases in the base density, and increases
in building coverage permitted in accordance with the following table.
Increases are cumulative and may be combined for a maximum of 75%
reduction in permit and escrow fees, 30% increase in building coverage,
and/or a maximum density increase of 2 1/2 dwelling units per
acre of residential land (2.5 DU/AC). All other requirements of the
Zoning Code and Subdivision and Land Development Ordinance must be
met.
B.
Any increase in dwelling units or building coverage shall be accounted
for in all stormwater management facilities and calculations in accordance
with applicable Middletown Township regulations and ordinances through
the use of structural and or nonstructural BMPs. Applicants will be
required to submit proof of compliance with this regulation as part
of the stormwater management report and calculations submitted with
any land development or building permit application and shall be subject
to review by the Middletown Township Zoning Officer.
C.
Table of bonuses.
|
I. Residential Buildings
| ||
|---|---|---|
|
Bonus Feature
|
Bonus Feature Standard
|
Bonus
|
|
Energy-efficient buildings and construction
|
Building designs, materials, system, and construction techniques
that produce an ENERGY STAR® score
of at least 75% for at least 50% of the total buildings on the tract;
the applicant shall provide a monitoring plan to track compliance
|
5% reduction in permit and escrow fees or an additional 0.25
DU/AC
|
|
Building design, materials, system, and construction techniques
that produce an energy score of at least 75% and provide solar- and/or
geothermal-ready infrastructure
|
The inclusion of electrical and plumbing infrastructure to enable
the conversion to, or addition of, solar panels and/or geothermal
systems to all newly constructed residential units
|
10% reduction in permit and escrow fees, or an additional 0.5
DU/AC
|
|
Provide 25% of estimated energy demand via solar or other renewable
energy means for all residential units
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
15% reduction in permit and escrow fees, or an additional 0.5
DU/AC
|
|
Provide 50% of estimated energy demand via solar or other renewable
energy means for all residential units
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
25% reduction in permit and escrow fees, or an additional 0.75
DU/AC
|
|
Provide 75% of estimated energy demand via solar or other renewable
energy means for all residential units
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
50% reduction in permit and escrow fees, or an additional 1.0
DU/AC
|
|
Provide 100% of estimated energy demand via solar or other renewable
energy means for all residential units
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
75% reduction in permit and escrow fees, or an additional 2.5
DU/AC
|
|
II. Nonresidential Buildings
| ||
|---|---|---|
|
Bonus Feature
|
Bonus Feature Standard
|
Bonus
|
|
Energy-efficient buildings and construction
|
Building designs, materials, system, and construction techniques
that produce an ENERGY STAR® score
of at least 75% for each building; the applicant shall provide a monitoring
plan to track compliance
|
5% reduction in permit and escrow fees, or an additional 5%
building coverage
|
|
Building design, materials, system, and construction techniques
that produce an energy score of at least 75% and provide solar- and/or
geothermal-ready infrastructure
|
The inclusion of electrical and plumbing infrastructure to enable
the conversion to, or addition of, solar panels and/or geothermal
systems to all newly constructed nonresidential buildings
|
10% reduction in permit and escrow fees, or an additional 10%
building coverage
|
|
Provide 25% of estimated energy demand via solar or other renewable
energy means for each building
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
15% reduction in permit and escrow fees, or an additional 15%
building coverage
|
|
Provide 50% of estimated energy demand via solar or other renewable
energy means for each building
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
25% reduction in permit and escrow fees, or an additional 20%
building coverage
|
|
Provide 75% of estimated energy demand via solar or other renewable
energy means for each building
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
50% reduction in permit and escrow fees, or an additional 25%
building coverage
|
|
Provide 100% of estimated energy demand via solar or other renewable
energy means for each building
|
The inclusion of on-lot/structure and/or a community-based renewable
energy system
|
75% reduction in permit and escrow fees, or an additional 30%
building coverage
|
|
Install a cool roof
|
Use of a roofing material with a solar reflective index greater
than 50 for 100% of the exposed roof area
|
5% reduction in permit and escrow fees, or an additional 5%
building coverage
|
|
Install a green roof - 50%
|
Building design includes a green roof for 50% of the total roof
area
|
25% reduction in permit and escrow fees, or an additional 20%
building coverage, or a reduction in stormwater system capacity equal
to the volume offset by the green roof (subject to analysis/verification)
|
|
Install a green roof - 100%
|
Building design includes a green roof for 100% of the total
roof area
|
50% reduction in permit and escrow fees, or an additional 25%
building coverage, or a reduction in stormwater system capacity equal
to the volume offset by the green roof (subject to analysis/verification)
|
D.
Upon submission to Middletown Township for land development, the
applicant shall provide a narrative clearly outlining the applicable
bonuses which are being sought, in addition to any supporting documentation
as applicable, or which may be requested by Middletown Township to
determine the applicability of the specific bonus or combination thereof.
E.
In order for the applicant to obtain such bonuses, the applicant
must agree to maintain such alternative and/or emerging energy systems
for a minimum of 10 years. The applicant shall be required to enter
into an operation and maintenance agreement with Middletown Township
for such alternative and/or emerging energy systems, in a form satisfactory
to Middletown Township.
A.
No alternative or emerging energy facility shall be located, modified,
or constructed within Middletown Township unless a permit has been
issued to the landowner in accordance with the provisions of this
section.
B.
The permit application, conditional use application, and special
exception application shall be accompanied by a fee in the amount
specified by Middletown Township.
C.
The permit application, conditional use application, and special
exception application shall demonstrate that the alternative or emerging
energy facility will comply with the provisions contained under this
section. The following specific items shall be provided by the applicant:
(1)
A complete narrative describing the proposed alternative or
emerging energy facility, which shall include: a project overview;
the project location; the number of alternative or emerging energy
systems; the area and height of the alternative or emerging energy
systems; the initial and potential generating capacities; the facility
dimensions; and the manufacturer's specifications.
(2)
An affidavit or similar evidence of agreement between the landowner
and the facility owner/operator demonstrating that the facility owner/operator
has the capabilities and permission of the landowner to apply for
necessary permits for construction and operation of the alternative
or emerging energy facility.
(3)
The addresses of all properties within 500 feet of the property
on which the proposed alternative or emerging energy facility will
be located.
(4)
A site plan, prepared, signed, and sealed by a qualified professional
licensed in the Commonwealth of Pennsylvania, showing the boundary
lines of the property occupied by the alternative or emerging energy
facility and the properties within 500 feet of the property on which
the proposed alternative or emerging energy facility will be located.
The site plan shall also include: topographical and natural features;
the planned location of the alternative or emerging energy systems;
the building setback lines; the access road and turnout locations;
building and structures; and all public utilities.
(5)
The existing and projected annual energy needs of the permitted
use that will benefit from the alternative or emerging energy system,
including the amount of surplus energy that will be exchanged, transferred
and/or sold to a public or private utility company.
(6)
Documents related to the potential abandonment and/or decommissioning
of the alternative or emerging energy systems.
(7)
Other relevant studies, reports, certifications and approvals,
and other municipal ordinances as may be reasonably requested by Middletown
Township to ensure compliance with this chapter.
D.
As part of the permit, conditional use, or special exception application,
Middletown Township may attach reasonable conditions and safeguards
in order to consider the health, safety, and general welfare of the
applicant and the adjacent property owners.
E.
The following provisions shall apply to emergency service requirements
for an alternative or emerging energy facility:
(1)
The applicant shall provide a copy of the permit application
to the local emergency response providers (police, fire, and ambulance)
of Middletown Township.
(2)
If required by the Zoning Officer, the applicant, in conjunction
with the emergency service providers, shall establish an emergency
response plan for the alternative or emerging energy facility.
F.
Pursuant to the time limitations specified for a permit application,
Middletown Township will determine whether the application is administratively
complete and advise the applicant accordingly.
G.
Pursuant to the time limitations specified by the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., and the Statewide
Building Code [Chapter 5, Part 1], Middletown Township shall consider
the permit, conditional use, or special exception application. The
applicant may be afforded an opportunity to present the project to
the designated municipal officials, as well as answer questions about
the project.
H.
Throughout the permit process, the applicant shall promptly notify
Middletown Township of any changes to the information contained in
the permit, conditional use, or special exception application.
A.
The design of the alternative or emerging energy facility shall conform
to applicable industry standards, including those of the American
National Standards Institute, National Underwriters' Laboratories,
ASTM, National Electrical Code®, or
other pertinent certifying organization, in addition to the Uniform
Construction Code, Chapter 5, Part 1, and/or other pertinent codes
adopted by Middletown Township. The manufacturer's specifications
shall be submitted as part of the permit application.
B.
Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector every 12 months to determine if the alternative and emerging energy facility is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to Middletown Township, and Middletown Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system in accordance with § 500-2909.
C.
Aboveground alternative and emerging energy systems shall be clear-coated,
transparent, and/or be designed with a nonobtrusive color such as
white, off-white, gray, or black. All such systems shall not be artificially
lighted, except to the extent required by the Federal Aviation Administration
or other applicable authority that regulates air safety.
D.
Aboveground alternative and emerging systems shall not display advertising,
except for reasonable identification of the manufacturer.
E.
On-site transmission, distribution, and power lines between an alternative
and an emerging energy facility and the structure utilizing the energy
shall be placed underground.
F.
Aboveground alternative and emerging energy systems shall not be
combined with other support towers or accessory structural components
that are devoted to, or utilized by, public or private utilities.
Unless otherwise required by Middletown Township, the landowner
shall maintain a general liability policy covering bodily injury and
property damage with a minimal limit of at least $1,000,000 per occurrence
and a minimum of $1,000,000 in the aggregate for any aboveground,
aerial-mounted, or wind energy system alternative or emerging energy
facility. Certificates of insurance shall be made available to Middletown
Township upon request.
A.
The landowner or energy facility operator shall, at its expense,
complete decommissioning of the alternative or emerging energy facility
within 12 months after the end of the useful life of the alternative
and emerging system. The alternative or emerging energy system will
presume to be at the end of its useful life if no energy is generated
for a continuous period of 12 months.
B.
The removal of the aboveground alternative or emerging energy facility
components shall be completed within 12 months of decommissioning
of the alternative or emerging energy system. All disturbed earth
shall be restored, graded, and reseeded.
C.
Unless otherwise required by Middletown Township, the landowner shall
be responsible for the following financial and inspection provisions
as part of the decommissioning efforts:
(1)
The landowner or facility operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs, provided that
at no point shall decommissioning funds be less than 25% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or a lending institution approved by Middletown
Township.
(2)
An independent and certified professional engineer may be retained
by Middletown Township to inspect the decommissioning of the alternative
and emerging systems. All such inspection fees shall be paid by the
applicant or landowner.
(3)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to Middletown Township.
(4)
Middletown Township may release the decommissioning funds when
the landowner or facility operator has satisfactorily demonstrated
compliance with the decommissioning plan.
D.
If the landowner or facility operator fails to complete decommissioning
during the prescribed period of 12 months, Middletown Township may
take such measures as necessary to complete decommissioning in accordance
with the laws of Middletown Township and the Commonwealth of Pennsylvania.
A.
The landowner and the facility operator shall provide Middletown
Township with a telephone number and identify a responsible person
for the public to contact with inquiries and complaints throughout
the life of the alternative or emerging energy facility.
B.
Middletown Township reserves the right to inspect an alternative
or emerging energy system, at any time, if the system appears inoperable
or constitutes a danger to life or property. Twenty-four hours'
advance notice shall be provided to the landowner, except in the case
of an emergency. Middletown Township further reserves the right to
invoice the landowner for expenses incurred as part of the inspection.
C.
It shall be unlawful for any landowner, person, firm, or corporation to violate, or fail to comply with, or take any action which is contrary to, the terms of this article. If Middletown Township determines that a violation has occurred, a notice of violation shall be issued to the landowner and/or facility operator in accordance with § 500-3403.
