[Ord. 2008-1, 6/9/2008]
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.
[Ord. 2008-1, 6/9/2008]
The following terms are specifically defined for use within
this Article:
A solar energy system that requires external mechanical power
to move collected heat.
A landscaped barrier consisting 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.
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.
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.
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
A landscaped planting consisting of trees and shrubs established
at less than three feet or greater than six feet in height, so it
shall not interfere with any clear sight triangle. Such plantings
shall separate streets and vehicular use areas from parking lots,
buildings, and other 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.
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 art 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.
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 that contributes
significantly to a structure’s energy supply.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
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.
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 the extent that it would reduce its
cost-effective operation.
A device that converts wind energy to mechanical or electrical
supply; commonly referred to as windmills.
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.
[Ord. 2008-1, 6/9/2008]
1.
Environmental
and energy-conserving improvements shall be required for the following:
A.
All
new subdivisions and developments.
B.
Al
new uses or buildings erected or established, including said uses
or buildings that are to be located on previously subdivided lots
or unsubdivided property.
C.
Expansion
of all buildings or uses except single-family 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
lots beyond these sizes.
F.
Areas
between parking lots and buildings.
G.
Building
wall expanses in excess of 75 feet that are exposed to westerly winds,
except single and two-family dwellings.
H.
New
streets.
[Ord. 2008-1, 6/9/2008]
1.
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 15% shall be restricted to the
removal of not more than 25% of the total vegetative cover of the
lot, including trees, shrubs, and natural ground cover. Where removal
occurs on steep slopes in conjunction with development activities
permitted by this Chapter, the steep slopes shall be replanted and
re-vegetated with similar trees, shrubs and ground cover to obtain
equivalent soil stabilization, moisture retention and protection from
ecological damage.
(3)
Existing plant materials 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 alternative protective features, provided the Zoning Officer
approves the design.
(4)
All required trees shall be a minimum 1½-inch 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 exposures
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 infringement upon the property
line.
(a)
Where commercial uses abut a residential district, the buffer area
shall be a minimum of 50 feet for the entire length of the residential
district area.
(b)
Where industrial uses abut a residential district, the buffer area
shall be a minimum of 100 feet and shall be planted with a double-wide
dense screen planting (minimum width of 10 feet) for the entire length
of the residential area.
(2)
Streets. Perimeter plantings shall be required along each side of
all new streets, a maximum of 10 feet from the street right-of-way
line. Planting strips of five feet or more in width between the sidewalk
and 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 that will divide and separate the parking lot.
(4)
Buildings. Screen plantings shall be required, except for single-
and twofamily dwellings, around and along buildings in accordance
with the following:
(a)
Parking lots of 10 or more 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.
[Ord. 2008-1, 6/9/2008]
1.
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.
Active
and passive solar systems, wind energy systems and similar alternate
systems, including customary energy storage accessories, shall be
permitted for the production, collection, movement, distribution,
or storage of heated water, air, or other medium which is intended
for conveyance to a principal or accessory building. Systems may include
the following subject to the requirements contained herein:
(1)
Solar panels with a combined glazing area of 65 square feet or less,
provided that:
(2)
Solar panels with a combined glazing area in excess of 65 square
feet, provided that:
(a)
Solar panels attached to a principal structure shall comply with
the zoning setbacks prescribed for a principal structure in the applicable
zoning district.
(b)
Solar panels that are freestanding or attached to an accessory structure
shall comply with the accessory structure requirements of Article
22 of this Chapter.
(3)
Solar greenhouses attached to principal structures shall meet all
yard requirements for a principal structure in the applicable zoning
district. Solar greenhouses attached to accessory structures shall
meet all yard requirements specified for accessory structures in Article
22 of this Chapter.
(4)
Detached solar greenhouses shall meet all yard requirements specified
for accessory structures in Article 22 of this Chapter.
(5)
Wind energy conversion systems, provided that:
(a)
The structure supporting the wind rotor unit shall be located a minimum
distance of the tower height (measured from the ground to the top
of the rotor) plus 15 feet from any property line or road right-of-way.
The height of such structure shall not exceed 75 feet.
(b)
Towers may be ground or roof-mounted and shall be securely fastened
as per manufacturer’s specifications or a demonstrable equivalent
to achieve maximum safety and prevent collapse or fall. Any propeller
or turning device that reacts to wind velocity shall have a governor
to control the speed of revolutions. Such governors may include a
rudder that turns the propeller away from the wind, individually spring-mounted
paddles that turn away from the wind, or other suitable manufacturer’s
tested device. Towers shall be locked or secured to prevent unauthorized
access, and in no case shall a permanently mounted ladder be affixed
less than 10 feet from grade level.
(c)
Noise levels shall not exceed 60 dBA as measured at the property
line of residentially zoned property, or otherwise shall not exceed
70 dBA.
[Ord. 2008-1, 6/9/2008]
1.
The
improvements required and permitted within this Article shall be maintained
and protected to assure 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 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 system has been installed,
it shall be the responsibility of the property owner to secure any
easements or restrictive covenants necessary to protect the sky space
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.
[Ord. 2008-1, 6/9/2008]
1.
The
following factors shall be considered, in addition to those within
Articles 26 and 30 of this Chapter, when reviewing petitions for variances
to the provisions of Article 23:
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 sky space 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.
[Ord. 2008-1, 6/9/2008]
1.
Plans. Plans depicting environmental and energy improvements shall be submitted at the time of application for a building and zoning permit. Information may be included on the required plot plan specified in §14-2804 of this Chapter or submitted on a separate plan. In addition to the information required within §14-2804 of this Chapter, plans shall include:
A.
Location,
size, and species of existing plant material.
B.
Delineation
of plants to be removed and plants to be retained.
C.
Location,
planting size, mature size, and species of all plants within required
plantings.
D.
Proposed
treatment of all ground surfaces (e.g., paving, grass, gravel, mulch,
stone).
2.
Building
and Zoning Permits. A building and zoning permit shall be required
for installation, expansion, or alteration to any of the environmental
improvements and energy systems described within this Article. Applicable
procedures of Article 28 of this Chapter shall apply during the processing
of such permit applications. Where desired, the Zoning Officer may
refer plans to the Lebanon County Conservation District or any other
applicable agencies for review and comment prior to formal action
on the permit application.
