The environmental improvements and energy conservation requirements
are designed to recognize the need for conservation of energy and
natural resources and to facilitate the utilization of renewable resources.
Environmental improvements are intended to moderate the effects of
solar radiation, conserve energy, improve air quality, reduce glare
and noise, and control erosion, largely through the planting of trees,
shrubs, and other vegetative cover. Energy conservation requirements
are designed to allow the installation of renewable energy devices
and provide the opportunity for individuals to reduce energy dependence
by encouraging the productive use of solar and wind energy components.
The following terms are specifically defined for use within
this article:
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground, or roof-mounted solar arrays or modules,
or solar related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
[Added 8-29-2022 by Ord. No. 2022-04]
A solar energy system that requires external mechanical power
to move collected heat.
A mechanism for heat exchange which consists of the following
basic elements: underground loops of piping; heat transfer fluid;
a heat pump; an air distribution system. An opening is made in the
Earth. A series of pipes are installed into the opening and connected
to a heat exchange system in the building. The pipes form a closed
loop and are filled with a heat transfer fluid. The fluid is circulated
through the piping from the opening into the heat exchanger and back.
The system functions in the same manner as the open horizontal loop
system except there is no pumping of groundwater.
A borehole that extends beneath the surface. Pipes are installed
with U-bends at the bottom of the borehole. The pipes are connected
to the heat exchanger and heat transfer fluid is circulated through
the pipes.
A landscaped barrier consisting of predominantly (80% or
more) coniferous trees and shrubs, hedges, earth mounding, walls,
or a combination thereof established at a minimum height of six feet.
Such environmental buffer shall provide a solid visual, noise and
pollutant barrier between potentially incompatible uses. Dense screen
plantings shall be at least five feet in width with irregularly spaced
double or triple rows of plants and shrubs to obtain a dense, solid
mass.
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 hole drilled or bored into the earth into which piping
is inserted for use in a closed vertical loop geothermal system.
An energy generating system that uses the Earth's thermal
properties in conjunction with electricity to provide greater efficiency
in the heating and cooling of buildings.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
[Added 8-29-2022 by Ord. No. 2022-04]
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.
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Large wind energy production facilities consist of one or
more wind turbines, tower, and associated control or conversion electronics
and other accessory structures and buildings including substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities. A facility is considered a large wind energy
production facility if it supplies electrical power principally for
off-site use.
Water is pumped from a water well or other water source into
a heat exchanger located in a surface building. The water drawn from
the Earth is then pumped back into the ground through a different
well or in some cases the same well, also known as "re-injection."
Alternatively, the groundwater could be discharged to a watercourse
also known as a "pump and dump." In the heating mode, cooler water
is returned to the Earth, and in the cooling mode, warmer water is
returned to the watercourse or well.
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 shall
not interfere with any clear sight triangle. Such planting shall separate
streets and vehicular use areas from parking lots, buildings, and
other interior improvements. Perimeter plantings shall consist of
individual trees or shrubs spaced a maximum of 50 feet apart to form
a linear vegetative border, with grass or ground cover continuously
thereunder.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground, or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
[Added 8-29-2022 by Ord. No. 2022-04]
Areas where ladders are not placed over openings (i.e., windows
or doors) and are located at strong points of building construction
and in locations where they will not conflict with overhead obstructions
(i.e., tree limbs, wires or signs).
A landscaped planting consisting of a mixture of coniferous
trees or shrubs, shade trees, ornamental trees or shrubs, earth mounding,
hedges or a combination thereof established at a minimum height of
six feet. Such planting shall separate and protect uses from noise,
odor and dust, as well as moderating the effects of winter winds and
summer heat. Screen plantings shall be at least three feet in width
with regularly spaced trees and shrubs to obtain a pervious, moderately
dense planting.
The open space between a solar or wind collector and the
sun or prevailing wind which must be free of obstructions that may
shade or impede the collector to an extent that would reduce its cost-effective
operation.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, and is intended
to primarily reduce on-site consumption of utility power. A system
is considered a small wind energy system only if it supplies electrical
power solely for on-site use, except that when a parcel on which the
system is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
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.
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.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
[Added 8-29-2022 by Ord. No. 2022-04]
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
[Added 8-29-2022 by Ord. No. 2022-04]
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
 |
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
A wind-driven direct-current generator used for charging
storage batteries.
A device such as a wind charger, wind turbine or windmill
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat, consisting of one or more wind turbine and other structures
and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
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.
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
Environmental and energy-conserving improvements shall be required
for the following:
A.
All new subdivisions and developments.
B.
All new uses or buildings erected or established, including said
uses or buildings which are to be located on previously subdivided
lots or unsubdivided property.
C.
Expansion of all buildings or uses except single and two-family dwellings.
D.
To separate commercial, industrial, institutional and other nonresidential
uses from adjoining residential uses or residential districts.
E.
Around parking lots with 10 or more parking spaces and within the
interior of parking lots with 25 or more parking spaces, including
parking spaces, including parking lots expanded beyond these sizes.
F.
Areas between parking lots and buildings.
G.
Building wall expanses in excess of 75 feet which are exposed to
westerly winds, except single and two-family dwellings.
H.
New streets.
Environmental improvements shall satisfy the following minimum
standards:
A.
General standards.
(1)
A minimum of 15% of each developed lot shall be landscaped with
appropriate ground cover or plantings.
(2)
Land areas with slopes in excess of 20% shall be restricted
to the removal of not more than 25% of the total vegetative cover
of the lot.
(3)
Existing plant material shall be preserved, wherever possible,
during development. Such existing plants shall be credited toward
required plantings. Where topographic, vegetative or engineering features
on or adjacent to the site may provide the desired conservation and
environmental protection, the design plan may be adjusted to credit
use of the alternate projective features, provided the Planning Department
Site Review Committee approves the design.
(4)
All required trees shall be a minimum 1 1/2 inches caliper
and trees, shrubs and plants shall be disease-resistant, saline-tolerant,
winter hardy and of a species suitable for this geographic region.
(5)
All landscaping and plantings shall be installed using good
planting procedures, utilizing quality plant material.
(6)
Plantings should not be designed to interfere with southern
exposure to solar radiation.
B.
Specific standards.
(1)
Buffer areas. Dense screen plantings shall be required within
all specified buffer areas. Said plantings shall be centered within
the yard space to provide for growth without infringements upon the
property line.
(2)
Streets. Perimeter plantings shall be required along each side
of all new streets, a maximum distance of 10 feet from the street
right-of-way line. Planting strips of five feet or more in width between
the sidewalk and the street may be approved for perimeter plantings
utilizing appropriate tree species. When divided streets are proposed,
perimeter plantings shall also be required within the median strip.
(3)
Parking lots. Perimeter plantings shall be required around the
border of all parking lots containing 10 or more parking spaces. Said
plantings shall be a maximum of 10 feet from the edge of the paved
parking surface. Interior island plantings shall be required within
all parking lots containing 25 or more parking spaces. Interior island
plantings shall be provided 1) at the ratio of five square feet of
planting area for each 100 square feet of paved parking and vehicular
use area, and 2) in locations which will divide and separate the parking
lot.
(4)
Buildings. Screen plantings shall be required, except for single
and two-family dwellings, around and along buildings in accordance
with the following:
(a)
Parking lots of 10 or more parking spaces shall be a minimum
of 20 feet from the building line of any principal building or structure.
The twenty-foot setback shall contain appropriate screen plantings.
(b)
Building walls over 75 feet in length which face westerly, southwesterly
or northwesterly shall be bordered by a parallel screen planting which
is equal in length to the wall length and is located a maximum of
50 feet from the face of the wall.
[Amended 8-29-2022 by Ord. No. 2022-04]
The use of solar wind and alternate energy systems is encouraged
within these regulations and permitted within any zoning district.
Although the installation of such systems is not mandatory, where
they are utilized, the following standards shall apply:
A.
Solar energy systems — general requirements.
(1)
The local utility provider shall be contacted to determine grid
interconnection and net metering policies. The applicant shall submit
written confirmation to the Township that the utility company has
been informed of the owner's intent to install a grid connected
system and has approved of such connection. The applicant also shall
submit certificates of design compliance obtained by the equipment
manufacturers from a certifying organization and any such design shall
be certified by an engineer registered in the Commonwealth of Pennsylvania.
(2)
The solar energy system layout, design, installation, and ongoing
maintenance shall conform to applicable industry standards, such as
those of the American National Standards Institute (ANSI), Underwriters
Laboratories (UL), the American Society for Testing and Materials
(ASTM), Institute of Electrical and Electronics Engineers (IEEE),
Solar Rating and Certification Corporation (SRCC), Electrical Testing
Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar
certifying organizations, and shall comply with the PA Uniform Construction
Code as enforced by East Hanover Township, and with all other applicable
fire and life safety requirements and shall not conflict with Federal
Aviation Administration regulations. The manufacturer specifications
for the key components of the system shall be submitted as part of
the application.
(3)
The systems installed shall provide for the ability to disconnect
the system and disable the production of electricity to avoid potentially
hazardous conflicts between the system and firefighters and their
respective firefighting apparatuses. The manufacturer specifications
and a detailed sketch showing the location of all disconnects shall
be submitted to the Township with a copy to the local fire department
responsible for coverage of the site as part of the application. The
systems shall be subject to the review of the local Fire Chief/marshal
prior to the issuance of a building permit.
(4)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuance of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself:
(5)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent feasible.
(6)
Glare. Glare from ground-mounted solar collectors shall be directed
away from adjoining properties or street rights-of-way. Fences or
vegetative screens may be utilized to prevent glare from impacting
adjoining properties or street rights-of-way. The applicant has the
burden of proving that any glare produced does not have significant
adverse impact on neighboring or adjacent uses either through siting
or mitigation.
(7)
Exemptions. Solar energy systems constructed prior to the effective
date of this article shall not be required to meet the terms and conditions
of this chapter. Any physical modification to an existing ASES whether
or not existing prior to the effective date of this section that materially
alters the ASES shall require approval under this chapter. Routine
maintenance or like-kind replacements do not require a permit.
B.
Regulations applicable to all accessory solar energy systems.
(1)
ASES shall be permitted as a use by right in all zoning districts.
(2)
Upon completion of installation, the ASES shall be maintained
in good working order in accordance with standards of the Township
codes under which the ASES was constructed. Failure of the property
owner to maintain the ASES in good working order is grounds for appropriate
enforcement actions by the Township in accordance with applicable
Township ordinances.
(3)
The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
(4)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within
six months of the date when the use has been discontinued or abandoned
by system owner and/or operator, or upon termination of the useful
life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is distributed by such solar collector for a period
of 12 continuous months.
(c)
The ASES owner shall, at the request of the Township, provide
information concerning the amount of energy generated by the ASES
in the last 12 months.
(5)
Permit requirements.
(a)
Zoning/building permit applications shall document compliance
with this section and shall be accompanied by drawings showing the
location of the system on the building or property, including property
lines. Permits must be kept on the premises where the ASES is constructed.
(b)
The zoning/building permit shall be revoked if the ASES, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this section.
(c)
The ASES must be properly maintained and be kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
C.
Roof-mounted and wall-mounted accessory solar energy systems.
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each of the underlying zoning districts.
(3)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(4)
On pitched roofs, roof-mounted solar collectors shall be installed
as close to parallel as possible to the pitch of the roof while not
sacrificing the efficiency of the solar collector.
(5)
On flat roofs, roof-mounted solar collectors may be installed
at an angle to improve the efficiency of the solar collector with
regard to the predominant sun angle, provided that the solar collector
is placed in a manner to minimize its visibility from street level.
(6)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township that the roof or wall is
capable of holding the load imposed on the structure.
D.
Ground-mounted accessory solar energy systems.
(1)
Setbacks.
(a)
The minimum yard setbacks from side and rear property lines
shall be equivalent to the accessory structure setback in the zoning
district.
(b)
The Township may authorize the installation of a ground-mounted
ASES in front of the principal building, outside the required front
yard, if the applicant demonstrates that, due to solar access limitations,
no location exists on the property other than the front yard where
the solar panel can perform effectively.
(2)
Height. Ground-mounted ASES shall not exceed 20 feet in height
above the ground elevation surrounding the systems.
(3)
Coverage.
(a)
The following components of a ground-mounted ASES shall be considered
impervious coverage and calculated as part of the impervious coverage
limitations for the underlying zoning district:
(b)
The total surface area of the arrays of ground-mounted ASES
on the property shall not exceed more than 15% of the lot area.
(4)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(5)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
E.
Regulations applicable to all principal solar energy systems.
(1)
PSES shall be permitted by special exception in the Industrial
and Institutional Zoning Districts. In addition, roof-mounted and
wall-mounted principal solar energy systems shall be permitted by
special exception on principal and accessory buildings in the Agricultural
Zoning District.
[Amended 6-24-2024 by Ord. No. 2024-01]
(2)
No portion of the PSES shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication
of ownership shall be allowed on any equipment of the PSES provided
they comply with the prevailing sign regulations.
(3)
Noise generated by a PSES and its associated equipment shall
not produce any vibration, harmonics, or other interference which
would be perceived or negatively impact people, animals or the normal
functions of electronic equipment off site. Prior to the issuance
of a building permit, the applicant shall conduct a test of ambient
noise conditions prior to startup operations and provide a written
report of noise decibel levels. The solar facility and its associated
equipment shall not produce a noise level that exceeds 50 dBA, as
measured at the property line. The ambient noise level shall be evaluated
at the property line and at the nearest inhabited residence or other
sensitive land use boundary. "Ambient" shall mean the background A-weighted
sound level that is exceeded 90% of the time as measured during equipment
operating hours.
(4)
No trees or other landscaping otherwise required by the Township
ordinances or attached as a condition of approval of any plan, application,
or permit may be removed for the installation or operation of a PSES.
(5)
Permit requirements.
(a)
An affidavit or evidence of agreement between lot owner and
the facility owner or operator, if not the same person or entity,
shall be provided confirming that the facility owner or operator has
permission of the property owner to apply for the necessary permits
for construction and operation of the PSES.
(b)
A noise study shall be performed and included in the application.
The noise study will be performed by an independent noise study expert
and paid for by the applicant. Noise from a PSES shall not exceed
50 dBA, as measured at the property line.
(c)
An operations agreement which shall set forth operations parameters,
the name and contact information of the certified operator, inspection
protocol, emergency procedures, measures for maintaining safe access,
stormwater controls, and general procedures for operating and maintaining
the facility.
(d)
Emergency services. The operator shall provide a copy of the
operation and maintenance plan, electrical schematic, and site plan
to the Fire Chief, Police Chief, EMS (emergency medical service).
The operator shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the facility
shall be clearly marked. The premises shall identify a qualified contact
person available 24 hours per day/seven days per week to provide assistance
during an emergency; the operator shall change the contact information
immediately whenever a change in personnel occurs.
(e)
The PSES owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The PSES owner and/or operator shall
make reasonable efforts to respond to the public's inquiries
and complaints.
(f)
The applicant shall demonstrate that it has adequate liability
insurance in minimum amounts of $1,000,000 per incident and $2,000,000
in aggregate; or $5,000,000 excess liability (umbrella policy).
(g)
The PSES shall comply with the Township's subdivision and
land development requirements. The installation of PSES shall be in
compliance with all applicable permit requirements, codes, and regulations.
(h)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(6)
Discontinued use/decommissioning.
(a)
The facility owner or operator shall, at its expense, complete
decommissioning of the PSES within six months after the end of the
useful life of the facility. The PSES will be presumed to be at the
end of its useful life if no electricity is generated for a continuous
period of 12 months. Decommissioning shall include removal of solar
arrays, support equipment, buildings, electrical components and lines,
roads, foundations to a depth of 36 inches, and any other associated
facilities. Disturbed earth shall be graded and re-seeded, including
forestry plantings of the same type/variety and density as the original,
unless the landowner requests in writing and the Board of Supervisors
approves that the access roads or other land surface areas not be
restored.
(b)
An estimate for the total cost of decommissioning (decommissioning
costs) without regard to salvage value of the equipment, and the cost
of decommissioning net salvage value of the equipment (net decommissioning
costs) shall be submitted to the Township for review and approval
as part of the application and every fifth year thereafter. The facility
owner or 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 federal or commonwealth chartered lending institution
chosen by the facility owner or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the Commonwealth and is approved by the Township. 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 the Township. If the facility owner or operator
fails to complete decommissioning within the required period, then
the landowner shall within six months complete decommissioning.
(c)
If neither the facility owner or operator, nor the landowner
complete decommissioning within the required periods, then the Township
may take such measures as necessary to complete decommissioning. The
entry into and submission of evidence of a landowner agreement to
the Township shall constitute agreement and consent of the parties
to the agreement, their respective heirs, successors and assigns that
the Township may take such action as necessary to implement the decommissioning
plan. To the extent the Township incurs costs to rightfully perform
any act in furtherance of decommissioning, it shall submit documentation
of such costs to the escrow agent, and the escrow agent shall release
sufficient escrow funds to the Township to cover such costs. The escrow
agent shall release any remaining decommissioning funds to the facility
owner or operator when the facility owner or operator has demonstrated,
and the Township concurs that decommissioning has been satisfactorily
completed, or upon written approval of the Township in order to implement
the decommissioning plan.
F.
Additional requirements for ground-mounted principal solar energy
systems.
(1)
A minimum lot size of five acres is required in the Industrial
and Institutional Zoning Districts.
[Amended 6-24-2024 by Ord. No. 2024-01]
(2)
The solar panels and/or other implements, including power lines,
used in the construction and structure of the PSES shall be set back
a minimum of 50 feet from any nonresidential property line and 150
feet from any residentially zoned property line or residentially zoned
area or any occupied structure. Additionally, any implements related
to the solar use shall be set back a minimum of 100 feet from any
public right-of-way. Any substation or switching station associated
with the solar use shall be set back a minimum of 500 feet from any
occupied residential structure. The use shall be setback a minimum
of 150 feet from any public or private cemetery.
(3)
Ground-mounted PSES shall not exceed 20 feet in height.
(4)
Impervious coverage.
(a)
The following components of a PSES shall be considered impervious
coverage and calculated as part of the impervious coverage limitations
for the underlying zoning district:
(b)
The applicant shall provide information as to how the requirements
of the Township Stormwater Management Ordinance[2] will be met. After zoning approval, the applicant shall
submit a Stormwater Management Plan that demonstrates compliance with
the Township Stormwater Management Ordinance.
(c)
PSES owners shall use low-maintenance and low-growing vegetative
surfaces under the system as a best management practice for stormwater
management.
(5)
Ground-mounted PSES shall be screened from adjoining residential
uses or residential districts. A permanent evergreen vegetative buffer
must be provided around the implements of the solar use including
but not limited to the solar panels associated with the use. Any evergreen
buffer installed shall consist of two evenly spaced rows, with the
latter row being calculated to grow higher than the front row. The
screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted height eight feet on center maximum).
The evergreen screen shall be a minimum height of six feet at planting
and shall grow to minimum of 15 feet at maturity. A maintenance bond
shall be supplied to the Township for maintenance of the evergreen
buffer in an amount estimated by a professional engineer to be in
an amount appropriate for the maintenance and/or replacement of the
evergreen buffer if necessary.
(6)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(7)
Security.
(a)
All ground-mounted PSES shall be completely enclosed by a minimum
eight-foot high fence with a self-locking gate.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence on the
surrounding the PSES informing individuals of potential voltage hazards.
(8)
Access.
(a)
At a minimum, a twenty-five-foot wide access road must be provided
from a state or Township roadway into the site.
(b)
At a minimum, a ten-foot wide unobstructed access lane shall
be provided between the solar arrays to allow access for maintenance
vehicles and emergency management vehicles including fire apparatus
and emergency vehicles. The access lane width is the distance between
the bottom edge of a solar panel to the top edge of the solar panel
directly across from it.
(9)
The ground-mounted PSES shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(10)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
G.
Additional requirements for roof-and wall-mounted principal solar
energy systems.
(1)
A roof-mounted or wall-mounted PSES may be located on a principal
or accessory building.
(2)
PSES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each of the underlying zoning districts.
(3)
Wall-mounted PSES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(4)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township that the roof or wall is
capable of holding the load imposed on the structure.
(5)
On pitched roofs, roof-mounted solar collectors shall be installed
as close to parallel as possible to the pitch of the roof while not
sacrificing the efficiency of the solar collector.
(6)
On flat roofs, roof-mounted solar collectors may be installed
at an angle to improve the efficiency of the solar collector with
regard to the predominant sun angle, provided that the solar collector
is placed in a manner to minimize its visibility from street level.
H.
Small wind energy systems. Small wind energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
The design and installation of all small wind energy systems
shall conform to applicable industry standards, including those of
the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer
Lloyd Wind Energies, the ASTM, or other similar certifying organizations,
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
(2)
No more than one small wind energy system shall be permitted
per lot.
(3)
Small wind energy systems shall not generate noise which exceeds
55 decibels measured at any property line.
(4)
Small wind energy systems shall not be artificially lighted,
except to the extent required by the FAA.
(5)
All on-site utility and transmission lines extending to and
from the small wind energy system shall be placed underground.
(6)
No part of any small wind energy system shall be located within
or above any front yard, along any street frontage, nor within any
required principal building setback of any lot.
(7)
Structure-mounted small wind energy systems shall comply with
all applicable provisions of this section.
(8)
All small wind energy systems that are independent of any other
structure shall be located a minimum distance of 1.1 times the turbine
height from any inhabited structure, property line, street right-of-way,
or overhead utility line. This setback requirement shall not apply
to inhabited structures when located on the same lot as the small
wind energy system.
(9)
The maximum height of any small wind energy system shall not
exceed 50 feet from the finished grade elevation.
(10)
No portion of any small wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
(11)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground.
(12)
Small wind energy systems shall not display advertising, except
for reasonable identification of the small wind energy system's
manufacturer. Such sign shall have an area of less than four square
feet.
(13)
When an accessory building is necessary for storage cells or
related mechanical equipment, the accessory building shall not have
a floor area exceeding 200 square feet and shall comply with the accessory
building requirements specified within each zoning district. Accessory
buildings shall not be located within any front yard or along any
street frontage, nor within any required setback of any lot.
(14)
The owner shall provide a copy of the letter from the electric
utility company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Township prior to the issuance of a certificate of use and occupancy
for the small wind energy system. Off-grid systems shall be exempt
from this requirement.
(15)
The owner of the small wind energy system shall, at the owner's
expense, complete decommissioning within 12 months after the end of
the useful life of the small wind energy system. It shall be presumed
that the wind turbine is at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(16)
The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover
damage or injury that might result from the installation and operation
of the small wind energy system.
I.
Large wind energy production facilities. Large wind energy production
facilities shall be permitted by special exception, subject to the
following regulations:
(1)
The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas,
Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying
organizations, and shall comply with the Building Code and with all
other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
(2)
Large wind energy production facilities shall not generate noise
which exceeds 55 decibels measured at any property line.
(3)
All on-site utility and transmission lines extending to and
from the large wind energy production facility shall be placed underground.
(4)
All large wind energy production facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
(5)
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
(6)
Wind turbines and towers shall not display advertising, except
for reasonable identification of the large wind energy production
facility's manufacturer. Such sign shall have an area of less
than four square feet.
(7)
Wind turbines and towers shall be a non-obtrusive color such
as white, off-white or gray.
(8)
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
(9)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(11)
No portion of any large wind energy production system shall
extend over parking areas, access drives, driveways or sidewalks.
(12)
All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
(13)
The minimum height of the lowest position of the wind turbine
shall be 30 feet above the ground.
(14)
All large wind energy production facilities shall be completely
enclosed by a minimum eight-foot high fence with a self-locking gate,
or the wind turbines' climbing apparatus shall be limited to
no lower than 12 feet from the ground, or the wind turbines'
climbing apparatus shall be fully contained and locked within the
tower structure.
(15)
The large wind energy production facility owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The large wind energy production facility owner shall
then have 12 months in which to dismantle and remove the large wind
energy production facility from the lot. At the time of issuance of
the permit for the construction of the large wind energy production
facility, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expense of dismantling and
removing said structures.
(16)
The owner of the large wind energy production facility shall
be required to provide a certificate of insurance to the Township
providing evidence of liability insurance of not less than $1,000,000
and naming the Township as an additional insured on the policy or
policies of the owner and/or lessee.
J.
Geothermal energy systems. Geothermal energy systems shall be permitted
as an accessory use to a principal use within any zoning district
by right in accordance with the following standards:
(1)
Only closed loop geothermal energy systems shall be permitted.
Open-loop geothermal energy systems are prohibited within the Township.
(2)
For all closed loop geothermal systems relying upon circulating
fluids, only nontoxic, biodegradable circulating fluids such as food-grade
propylene glycol shall be permitted.
(3)
Geothermal systems shall not encroach on public drainage, utility
roadway or trail easements of any nature.
(4)
All horizontal closed loop systems shall be no more than 20
feet deep.
(5)
All vertical closed loop geothermal energy systems shall have
proper grout sealing with the following properties:
(a)
High thermal conductivity to allow heat transfer;
(b)
Low viscosity to allow the grout top wrap around the pipe;
(c)
Low shrinkage volume to ensure that the grout will not pull
away from the pipe; and
(d)
Low permeability to prevent the migration of antifreeze solution
in the event of a line breakage.
(6)
Geothermal energy systems shall be located a minimum distance
of 25 feet from any property line, unless documentation in the form
of a written agreement with the adjoining property owner(s) is provided.
(7)
Geothermal energy systems shall be located a minimum distance
of 100 feet from existing potable water wells and a minimum distance
of 25 feet from any existing septic system.
(8)
Aboveground equipment associated with geothermal pumps shall
not be installed in the front yard of any lot or the side yard of
a corner lot adjacent to a public right-of-way and shall meet all
required setbacks for the applicable zoning district.
(9)
All horizontal closed-loop geothermal energy systems shall be
properly backfilled, including the removal of sharp-edged rocks before
backfilling in order to prevent such rocks from coming into contact
with the system pipe.
(10)
The design and installation of geothermal systems and related
boreholes for geothermal heat pump systems shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI), the International Ground Source Heat Pump Association
(IGSHPA), the American Society for Testing and Materials (ASTM), the
Air-Conditioning and Refrigeration Institute (ARI), or other similar
certifying organizations, and shall comply with the East Hanover Township
Building Code, and with all other applicable Township requirements.
The manufacturer specifications shall be submitted as part of the
application.
(11)
Abandonment. If the geothermal system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at their expense after
a demolition permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be
removed.
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
K.
Building permit required. The installation of solar energy systems,
wind energy facilities, and/or geothermal energy systems shall be
subject to all permitting and inspections with regard to applicable
provisions of the Pennsylvania Uniform Construction Code (UCC) and
the National Electric Code (NEC), in addition to any other Township
ordinances and/or regulations required to demonstrate compliance with
the provisions of this chapter.
L.
Protection. Where a solar or wind energy system has been installed,
it shall be the responsibility of the property owner to secure any
easements or restrictive covenants necessary to protect the skyspace
affecting the solar or wind system. Such an agreement shall be negotiated
between owners of affected properties, but it is not a requirement
for approval of a building and zoning permit for the solar or wind
energy system.
The improvements required and permitted within this article
shall be maintained and protected to ensure their environmental benefits.
The following specific requirements shall apply:
A.
Maintenance.
(1)
Plantings. All required plantings shall be maintained in a good
condition to present a healthy, neat and orderly appearance. Such
plantings shall be kept free from refuse and debris. Plants damaged
by insects, disease, vehicular traffic, acts of nature or vandalism
shall be replaced by the next planting period.
(2)
Energy systems. Energy systems shall be maintained in a safe
manner. Broken glass or other potentially hazardous conditions shall
be promptly repaired. A disconnected or abandoned energy system shall
be promptly repaired. A disconnected or abandoned energy system shall
be removed from the property within 60 days of such abandonment.
B.
Protection.
(1)
Plantings. Required plantings shall not be removed except to
facilitate the planting of acceptable replacement plants. Property
improvements shall be protected at all times by such environmental
plantings and extensive trimming or pruning of the plantings to reduce
or eliminate the protection shall not be permitted.
(2)
Energy systems. Where a solar or wind energy system has been
installed, it shall be the responsibility of the property owner to
secure any easements or restrictive covenants necessary to protect
the skyspace affecting the solar or wind systems. Such an agreement
shall be negotiated between the owners of affected properties, but
it is not a requirement for approval of a building and zoning permit
for the solar or wind energy system.
The following factors shall be considered, in addition to those within § 250-270 of this chapter, when reviewing petitions for variances to the provisions of Article XX:
A.
Variances shall be granted only for minimum relief and not for purely
financial reasons.
B.
Variances to planting requirements shall not request relief from
planting height, quality or maintenance.
C.
Variances for energy systems shall allow for effective placement
of energy systems, provided the skyspace of adjoining property owners
is not restricted.
D.
Variances shall consider the resulting effect on the microclimate
on the property.
E.
Variances shall consider possible damage to utilities.
A.
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 § 250-256 of this chapter or submitted on a separate plan. In addition to the information required within § 250-256 of this chapter, plans shall include:
(1)
Location, size, and species of existing plant material.
(2)
Delineation of plants to be removed and plants to be retained.
(3)
Location, planting size, mature size, and species of all plants
within required plantings.
(4)
Proposed treatment of all ground surfaces (e.g., paving, grass,
gravel, mulch, stone).
B.
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 XXVI of this chapter shall apply during the processing of such permit applications. Where desired, the Zoning Administrator may refer plans to the Department of Environmental Protection, the Planning Department Site Review Committee, or to other applicable agencies for review and comment prior to formal action on the permit application.
