[Added 3-24-2011 by Ord. No. 2011-03]
As used in this article, the following terms shall have the
meanings indicated:
A.
DEP
FACILITY OWNER
NONPARTICIPATING LANDOWNERS
OPERATOR
General terms.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The entity or entities having equity interest in the wind
energy facility, including their respective successors and assigns.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
The entity responsible for the day-to-day operation and maintenance
of the energy system.
B.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM
GEOTHERMAL BOREHOLES
GEOTHERMAL ENERGY SYSTEM
Geothermal energy terms.
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 loop system except
there is no pumping of groundwater. A horizontal closed loop system
shall be no more than 20 feet deep.
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 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.
C.
OUTDOOR FURNACE
OUTDOOR HYDRONIC HEATER
PHASE 2 OUTDOOR HYDRONIC HEATER
Outdoor furnace terms.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors or in a structure
not normally occupied for human habitation for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a space or water heating system in a building or structure of which
the unit is located outside of.
An accessory structure designed and intended for the primary
purpose of combustion of fuel to produce heat or energy for the principal
structure or any other site, building, or structure on the premises.
An outdoor hydronic heater that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units (BTU) output and is labeled
accordingly, with a white "hang" tag.
D.
LARGE SOLAR ENERGY SYSTEM
SMALL SOLAR ENERGY SYSTEM
SOLAR ENERGY
SOLAR ENERGY SYSTEM
Solar energy terms.
An area of land or other area — such as a building
roof — used for a solar collection system principally used to
capture solar energy and convert it to electrical energy. Large solar
energy production facilities 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 and facilities,
which has a rated capacity of more than 20 kilowatts (for electricity)
or rated storage volume of the system of more than 340 gallons or
that has a collector area of more than two thousand 2,000 square feet
(for thermal). Large solar energy systems shall be considered land
development when their construction will result in 3,500 or more square
feet of impervious surface coverage, including all foundations and
any parking areas or access roads.
A solar collection system consisting of one or more roof
and/or ground-mounted solar collector devices and solar-related equipment,
which has a rated capacity of less than or equal to 20 kilowatts (for
electricity) or rated storage volume of the system of less than or
equal to 340 gallons or that has a collector area of less than or
equal to 2,000 square feet (for thermal), and is intended to primarily
reduce on-site consumption of utility power. A system is considered
a small solar energy system only if it supplies electrical or thermal
power solely for on-site use, except that when a property upon which
the facility 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.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity.
E.
HUB HEIGHT
LARGE WIND ENERGY PRODUCTION FACILITY
PRIVATE USE WIND ENERGY SYSTEM
TURBINE HEIGHT
WIND ENERGY FACILITY
WIND TURBINE
Wind energy terms.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
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, which has a rated capacity of more than
100 kilowatts.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which is
intended primarily to 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. The rated
capacity of a small wind energy system shall be limited to:
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane or tower, whichever
is higher.
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system 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.
A.
No person shall install or construct a solar energy facility without
first obtaining a zoning permit.
B.
Building-integrated or rooftop-mounted solar energy systems.
(1)
Shall be allowed to exceed the maximum height of the district,
provided that they do not exceed the maximum height by more than five
feet.
(2)
No portion of the solar energy system shall overhang the rooftop.
(3)
Collector panels shall be located such that there is no glare
on adjacent properties or streets.
C.
Ground-mounted solar energy systems.
(1)
Only the base or foundation of the solar panel that is affixed
to the land, rather than the entire solar panel, shall be considered
impervious cover, provided that there is adequate space between panels
for water to flow off of the collector onto a pervious surface.
(2)
For purposes of determining compliance with lot coverage standards
of the underlying zone, only the total surface area of all solar panel
bases or foundations of ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, and solar hot
air or water collector devices, shall be considered.
(3)
All ground-mounted and freestanding solar collectors of large
solar energy facilities shall be enclosed by a fence, barrier or other
appropriate means to prevent or restrict unauthorized persons or vehicles
from entering the property.
(4)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(5)
A ground-mounted solar energy system shall not exceed the maximum
building height for the zoning district in which it is located.
(6)
Ground-mounted solar energy systems shall meet the setback requirements
for the underlying zoning district.
(7)
Collector panels shall be located such that there is no glare
on adjacent properties or streets.
D.
If applicable, the applicant shall provide to the Township a copy
of the agreement between the landowner of the real property on which
the solar energy facility is to be located and the facility owner,
demonstrating that the facility owner has permission of the landowner
to apply for necessary permits or approvals for construction and operation
of the solar energy facility.
E.
Solar energy systems that are connected to the utility grid shall
provide written authorization from the local utility company acknowledging
and approving such connection.
F.
The design of the solar energy system shall conform to applicable
industry standards.
H.
On-site transmission and power lines shall, to the maximum extent
practicable, be placed underground.
I.
Large-scale solar energy facilities shall be considered land development
when their construction will result in 3,500 or more square feet of
impervious coverage including foundations, parking areas and access
roads.
J.
Clearly visible warning signs shall be placed on the fence, barrier
or facility perimeter of large-scale solar energy facilities to inform
individuals of potential voltage hazards.
A.
No person shall install or construct a wind energy facility without
first obtaining a zoning permit.
B.
Design and installation.
(2)
Wind turbines that are installed on a building, either attached
to the roof or the wall of the building, shall extend no more than
the maximum height of the zoning district or 50 feet, whichever is
less.
(3)
Number of turbines per lot.
(a)
Turbines shall not be permitted on lots which are smaller than
10,000 square feet in size.
(b)
One turbine shall be permitted on lots that are greater than
10,000 square feet and less than 20,000 square feet in size.
(c)
Two turbines shall be permitted on lots that are greater than
20,000 square feet and less than one acre in size.
(d)
For lots larger than one acre and less than 20 acres in size,
two turbines shall be permitted for the first acre and for each additional
acre over one acre.
(e)
For lots 20 acres or larger in size, up to four turbines per
acre shall be permitted.
(5)
The design of the wind energy facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturers from Underwriters Laboratories,
Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar
certifying organizations.
(6)
All wind energy 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. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(7)
All electrical components of the wind energy facility shall
conform to relevant and applicable local, state and national codes,
and relevant and applicable international standards.
(8)
Wind turbines shall be white, gray or another nonreflective,
nonobtrusive color.
(9)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(10)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
(11)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
C.
The facility owner and operator shall make reasonable efforts to
minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
D.
Warnings.
(1)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
G.
Setbacks for wind turbines more than 50 feet in height.
(1)
Wind turbines shall be set back from the nearest occupied building
a distance not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied building
located on a nonparticipating landowner's property a distance of not
less than five times the turbine height, as measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building.
(3)
All wind turbines shall be set back from the nearest property
line a distance of not less than the greater of the maximum setback
requirements for that zoning classification where the turbine is located
or 1.1 times the turbine height, whichever is greater. The setback
distance shall be measured to the center of the wind turbine base.
(4)
All wind turbines shall be set back from the nearest public
road a distance of not less than 1.1 times the turbine height, as
measured from the right-of-way line of the nearest public road to
the center of the wind turbine base.
I.
The applicant shall provide a copy of the project summary and site
plan to local emergency services, including the York Area United Fire
and Rescue.
J.
The applicant shall identify all state and local public roads to
be used within the Township to transport equipment and parts for construction,
operation or maintenance of the wind energy facility.
K.
The Township's engineer, or a qualified third-party engineer hired
by the Township and paid for by the applicant, shall document road
conditions prior to construction. The engineer shall document road
conditions again 30 days after construction is complete or as weather
permits.
L.
There shall be maintained a current general liability policy covering
bodily injury and property damage with limits of at least $1,000,000
per occurrence and $1,000,000 in the aggregate. Certificates shall
be made available to the Township upon request.
M.
Decommissioning.
(1)
If a wind turbine is inoperable for six consecutive months,
the facility owner and operator, at its expense, shall restore the
wind turbine to operating condition or complete decommissioning of
the wind turbine, within six months after the end of the useful life
of the wind turbine. The wind turbine will be presumed to be at the
end of its useful life if no electricity is generated for a continuous
period of six months.
(2)
Decommissioning shall include removal of the wind turbine, buildings,
cabling, electrical components, access drives, foundations to a depth
of 36 inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded.
(4)
If the facility owner or operator fails to complete decommissioning
within the period prescribed in this section, then the landowner,
at its expense, shall have six months to complete decommissioning.
A.
No person shall install, construct, drill or excavate to facilitate
the construction or installation of a geothermal energy system for
use as a heating and/or cooling system for a structure without first
obtaining a geothermal energy system permit from the Township. No
person shall drill or excavate to repair or modify or to facilitate
the repair or modification of a geothermal energy system in the Township
without first obtaining a zoning permit.
B.
All geothermal energy systems shall be closed systems. No open loop
ground-source heat pump systems shall be permitted.
C.
The installation specifications and drawings for the geothermal energy
system shall be submitted to and approved by the Township as conforming
to the International Ground-Source Heat Pump Association (IGSHPA)
installation standards, as the same may be amended and updated from
time to time, and currently found in Appendix 1 of the GSHP Manual
of the DEP.
D.
Grout shall be mixed, pumped and placed in accordance with the procedures
recommended by the International Ground-Source Heat Pump Association
(IGSHPA) in its publication entitled "Grouting Procedures for Ground-Source
Heat Pump Systems" (available from Ground-Source Heat Pump Publications,
Oklahoma University, Stillwater Oklahoma). Acceptable grout materials
are as follows:
E.
The vertical geothermal energy well (or wells) installation shall
be made only by a Pennsylvania-licensed well driller.
F.
No geothermal energy system shall be located within 100 feet of any
existing drinking water wells or any planned drinking water wells.
G.
With respect to each geothermal energy well installation, before
activation of the geothermal energy system, the Pennsylvania-licensed
well driller and/or geothermal energy installer shall provide the
Township:
(1)
Accurate written records and a written geologic log.
(2)
Accurate records with respect to grouting for each such well.
(3)
As-built plans and related documentation for each such system
and well location.
(4)
Written documentation of the geothermal energy system testing
and certification.
(5)
A written plan for the operation of the geothermal energy system
(which meets specifications of the manufacturer of the geothermal
energy system equipment and is approved by the system installer) which,
among other matters, provides that:
(a)
Any geothermal energy system leaks or releases will be reported
by the applicant (and subsequent owners) to the Zoning Officer and
the Township Police Department within 24 hours of the discovery of
same, and the applicant (and subsequent owners) covenants and agrees
to take all appropriate action to minimize any fluid release to the
ground and to promptly repair any system leaks.
(b)
In the event of the proposed discontinuance of the use of the
geothermal energy system, a system closure plan will be prepared and
submitted to the Township for its approval.
H.
All geothermal energy systems in areas underlain by carbonate bedrock
must be vertical loop systems. Outside the carbonate bedrock areas,
either vertical or horizontal closed loop geothermal energy system
may be used, subject, however, to the review and approval of the plans
for the same by the Township.
I.
No geothermal energy system shall be connected in any way to any
sanitary or stormwater sewage disposal system.
J.
The piping for geothermal energy systems must be made of polyethylene
or polybutylene or a material approved by the Township.
K.
Only water or potassium acetate may be used as the circulating fluid
for geothermal energy systems, unless similar inert fluid is approved
for use by the Township.
A.
Outdoor furnaces and outdoor hydronic heaters that are not Phase
2 outdoor hydronic heaters shall be prohibited.
B.
Phase 2 outdoor hydronic heaters shall be allowed in the rural residential
zoning district, provided that they are installed in accordance with
the following requirements.
