A.
Warrington Township seeks to provide opportunities for alternative
and emerging energy facilities constructed to serve a permitted or
existing principal use on the same lot while regulating the use of
potentially intrusive facilities, equipment, and machinery.
B.
The purpose of this article is to establish provisions for the design,
permitting, construction, operation, and decommissioning of alternative
and emerging energy facilities within Warrington Township that will
protect the public health, safety and/or general welfare of the community.
A.
Section 370-1003 of this article shall apply to all alternative and emerging energy facilities that are proposed to be constructed after the effective date of this article.
B.
Alternative and/or emerging energy facilities 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 facility that alters
the size, type and generating capacities of the facilities shall require
a permit and shall comply with the applicable provisions specified
under this article.
C.
Alternative and/or emerging energy facilities may be utilized as
the primary energy source by the principal use of the lot on which
they are 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 the laws
of the Commonwealth of Pennsylvania.
D.
Private energy and utility providers, as defined and described in
this article, shall comply with all provisions established by the
Public Utility Commission and the laws of the Commonwealth of Pennsylvania.
A.
The following provisions shall specifically apply to wind turbines
or wind energy facilities:
(1)
Windmills, wind turbines or wind energy facilities shall be
permitted by special exception, provided that such facilities are
located in an RA District only, with a minimum lot size of three acres,
in accordance with all other applicable provisions of this chapter.
Any such facility may not be located on any parcel that has utilized
transfer of development rights (TDRs).
(2)
Windmills, wind turbines or wind energy facilities that are
designed and permitted as an attached or freestanding alternative
energy facility shall comply with the height requirements specified
by this chapter.
(3)
All windmills, wind turbines or wind energy facilities shall
be located, designed and installed as per the manufacturer's specifications
as well as all zoning, building code and utility requirements.
(4)
All windmills, wind turbines or wind energy facilities shall
be set back from all occupied buildings located on a nonparticipating
landowner's property a distance of not less than five times the turbine
height, as measured from the center line of the wind turbine base
to the nearest point of the occupied building(s). All such wind energy
facilities shall comply with the building and lot coverage requirements
of the zoning district in which they are located.
(5)
All windmills, wind turbines or wind energy facilities shall
be set back from the nearest property line or public road a distance
of not less than the normal setback requirements for that zoning classification
or 1.1 times the turbine height, whichever is greater. The required
setback distance shall be measured from the center line of the wind
turbine base to the property line.
(6)
All windmills, wind turbines or wind energy facilities shall
be located behind the front facade of the building occupying the permitted
use. No wind turbine shall be permitted in the front yard of the lot
on which it is located. Spacing between adjacent turbines, and to
any occupied building on the participating landowner property, shall
be not less than 1.1 times the turbine height.
(7)
The minimum height of a windmill or turbine shall be 15 feet,
as measured from the ground surface to the turbine rotor plane at
its lowest turning movement.
(8)
The maximum height of a windmill or turbine shall be 55 feet,
as measured from the ground surface to the turbine rotor plane at
its highest turning movement.
(9)
A nonparticipating landowner shall not intentionally block,
interfere with or disrupt the functional operation of an existing
wind resource of an alternative energy facility. If such action or
event should occur, the matter shall be resolved as a civil dispute
between the landowners, and Warrington Township shall not be held
responsible.
(10)
All windmills, wind turbines, or wind energy facilities shall
be completely enclosed by a fence, suitably labeled to indicate DANGER
or HIGH VOLTAGE, as appropriate.
(11)
All windmills, wind turbines, and wind energy facilities shall
meet requirements for aircraft safety regulations imposed by the Federal
Aviation Administration.
B.
The following provisions shall specifically apply to solar energy
systems:
(1)
Roof-mounted solar energy systems shall be permitted by right
for dwellings, industrial buildings, and commercial buildings in all
applicable zoning districts. All other solar energy systems shall
be permitted by special exception, provided that such facilities are
located on a lot with a permitted use in accordance with the applicable
provisions of this chapter.
(2)
Solar energy systems designed and permitted as an attached alternative
energy facility, provided that all structural components of the solar
energy system do not exceed the permitted building height requirements
of the zoning district in which they are located. The building height
shall be measured from the average ground elevation of the building
to the highest point of the solar panel(s) or other structural components
of the solar energy facilities.
(3)
Solar energy systems designed and permitted as a freestanding
alternative energy facility shall be located at least 15 feet from
a property line or public road 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.
(4)
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.
(5)
Freestanding solar energy systems shall be located behind the
front facade of the building occupying the permitted use. No solar
energy system shall be permitted in the front yard of the lot on which
it is located.
(6)
A nonparticipating landowner shall not intentionally block,
interfere with or disrupt the functional operation of an existing
solar energy system. If such action or event should occur, the matter
shall be resolved as a civil dispute between the landowners, and Warrington
Township shall not be held responsible.
(7)
Solar energy panels shall be designed and located in order to
minimize glare towards any occupied residential use and prevent glare
toward any public road.
(8)
All freestanding solar energy systems shall be completely enclosed
by a fence, suitably labeled to indicate DANGER or HIGH VOLTAGE, as
appropriate.
C.
The following provisions shall specifically apply to geothermal energy
systems:
(1)
Geothermal energy systems are permitted, provided that a permit
is obtained, and such facilities are limited to heating and cooling
of buildings and located on a lot with a permitted use in accordance
with the applicable provisions of this chapter.
(2)
Geothermal energy systems shall be located, designed, and installed
as per the manufacturer's specifications as well as all zoning, building
code and utility requirements.
(3)
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
in which they are located.
(4)
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 Warrington
Township shall not be held responsible.
(5)
Any special exception application for a geothermal energy system must meet the requirements for water wells as required by this chapter, the Bucks County Health Department and Chapter 353, Water, of the Code of the Township of Warrington, as well applicable regulations of the DRBC Groundwater Protection Area, Commonwealth of Pennsylvania and USDEP NPDES requirements.
D.
The following provisions shall specifically apply to emerging energy
facilities:
(1)
Emerging energy systems shall be permitted by special exception,
provided that such facilities 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 facilities do not exceed the permitted building height
requirements of the zoning district in which they are located.
(3)
Emerging 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
in which they are located.
(4)
Emerging energy systems 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.
(5)
Wood-fired boilers, outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor hydronic heaters, as defined by the Pennsylvania
Department of Environmental Protection, shall be prohibited as an
alternative or emerging energy facility serving any permitted use.
(6)
Anaerobic digesters, as defined by the United States Environmental
Protection Agency, shall be prohibited as an alternative or emerging
energy facility serving any permitted use.
A.
The following energy resource protection provisions shall apply to
alternative or renewable energy resource protection:
(1)
The landowner shall provide documentation of the land and airspace
on his property which must remain open to assure adequate solar access
and/or wind to the renewable energy system, as well as demonstrate
no impact to wetlands. Warrington Township may request a study of
wind turbine effects on migratory birds or bats should sufficient
reason exist to suspect such impacts. All such documentation shall
be considered as part of the permit application or special exception
application.
(2)
The landowner shall 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 his property.
(3)
Alternative energy facilities shall comply with the design,
transport, and installation requirement standards set forth in the
Subdivision and Land Development Ordinance, which are incorporated
by reference.[1] In such cases, the applicant must obtain zoning approval
and all applicable building permits as well as all other permits that
may be required by federal, state, and county agencies.
B.
The following setback modifications may be considered for alternative
and/or emerging energy facilities as part of a zoning variance application:
(1)
A landowner may obtain a modification of the setback requirements
specified under other parts of this chapter (occupied buildings on
nonparticipating landowner's property) by having a modification agreement
executed between the adjoining landowners which sets forth the applicable
setback provision(s) and the proposed changes.
(2)
The written modification agreement shall notify the property
owner(s) of the setback required by this section of this article,
describe how the proposed alternative and emerging energy facility
is not in compliance, and provide written evidence that consent is
granted for the alternative or emerging energy facility not to be
set back as required by this section of this article or by applicable
sections of this chapter.
(3)
Any such modification agreement shall be recorded in the Bucks
County Recorder of Deeds office. The modification agreement shall
describe the properties benefited and burdened and inform all subsequent
purchasers that the modified setback shall run with the land and may
forever burden the subject property. The Zoning Officer may not issue
any permits containing setback modifications without first receiving
and placing into the Township records a fully executed, recorded copy
of the modification agreement and proof of recording.
(4)
Any modification pertaining to the dimensional setback requirements
from public roads or street rights-of-way shall not be considered
as part of any application.
(5)
Any modification pertaining to the dimensional setback requirements
from an adjacent property owner shall not be considered as part of
any application.
C.
The following provisions shall apply to noise, shadow flickering
and/or interference involving alternative and/or emerging energy facilities:
(1)
Audible sound from any alternative and/or emerging energy facility
shall not exceed 55 dBA, as measured at the applicant's property line.
Warrington Township has the right to inspect, measure and record sound
levels at the applicant's expense.
(2)
The applicant shall make reasonable efforts to minimize shadow
flicker at the property line.
(3)
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.
No alternative or emerging energy facility shall be located, modified
or constructed within Warrington Township unless a permit has been
issued to the landowner in accordance with the provisions of this
section of this article. Geothermal energy systems are exempt from
the permit application process, but not exempt from the special exception
application process.
B.
The permit application and special exception application shall be
accompanied by a fee in the amount specified by Warrington Township.
C.
The permit application and special exception application shall demonstrate
that the alternative or emerging energy facility will comply with
the provisions contained under this section of this article. 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 the alternative or emerging energy
facilities; the area and height of the alternative or emerging energy
facilities; the initial and potential generating capacities; the facility
dimensions; and the manufacturer's specifications.
(2)
For commercial applications, 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 properties within 500 feet of that on which the proposed
alternative or emerging energy facility will be located.
(4)
A site plan showing the boundary lines of the property occupied
by the alternative or emerging energy facility and the properties
within 500 feet of that 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 facilities; the building setback lines; the access
road and turnout locations; buildings 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 facility,
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 facilities.
(7)
Other relevant studies, reports, certifications, and approvals
as may be reasonably requested by Warrington Township to ensure compliance
with this section of this article.
D.
As part of the permit or special exception application, Warrington
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. The permit must be prepared and
signed and sealed by a professional engineer licensed in the Commonwealth
of Pennsylvania.
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 Warrington 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,
Warrington Township will determine whether the application is administratively
complete and advise the applicant accordingly.
G.
Pursuant to the time limitations specified by the PaMPC and the Uniform
Construction Code, as amended from time to time, Warrington Township
shall consider the permit 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
Warrington Township of any changes to the information contained in
the permit or special exception application.
