[HISTORY: Adopted by the Board of Supervisors of the Township
of West Bradford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-13-2012 by Ord. No. 2012-02]
This article is adopted and enacted for the following purposes:
A.
No photovoltaic energy system, expansion of any existing photovoltaic
energy system, or installation of any associated facilities shall
be installed unless it has been approved under this article and has
obtained a building permit and any other necessary local and/or state
approvals prior to its installation. Photovoltaic energy generation
systems determined to be permitted uses shall be reviewed and approved
by the Zoning Officer.
B.
General conditions.
(1)
The purpose of an accessory photovoltaic energy generation system
shall be to provide power to the principal use of the property whereon
said system is located. This provision shall not be interpreted to
prohibit the sale of excess power generated from time to time from
a solar energy system designed to meet the energy needs of the principal
use. For all accessory uses, the sale of excess power shall be limited
so that in no event a photovoltaic energy system is generating more
than two times the average calculated energy consumption of the property
calculated over a one-year period.
(2)
All photovoltaic energy generation systems shall require zoning and
construction permits in accordance with the Pennsylvania Uniform Construction
Code.
(3)
Rooftop arrays shall not be higher than the peak of the roof and
no higher than 15 inches above the roof surface at any point.
(4)
The maximum height of a ground-mounted solar panel array and any
accessory facilities thereto shall be 15 feet to its highest point.
All portions of the solar panels shall be within the side and rear
yard building setbacks only, except that portion that connects the
system to the energy grid. Photovoltaic energy generation systems
are not permitted within the front yard.
(5)
Ground-mounted assemblies must be landscaped to maintain an appearance
customary to the neighborhood in which located, but not to an extent
which precludes adequate and efficient operations.
(6)
All exterior wiring for systems shall be underground or, in instances
when it is required to be above ground, within hard wall conduits.
(7)
All systems that become inoperable for any reason or are abandoned
shall be removed after a period of three months or repaired and maintained
in service.
A.
No wind energy system, expansion of any existing wind energy system,
or installation of any associated facilities shall be installed unless
it has been approved under this article and has obtained a building
permit and any other necessary local and/or state approvals prior
to its installation. Wind energy generation systems determined to
be permitted uses shall be reviewed and approved by the Zoning Officer.
B.
General conditions.
(1)
The purpose of an accessory wind energy generation system shall be
to provide power to the principal use of the property whereon said
system is located. This provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a wind energy
system designed to meet the energy needs of the principal use. For
all accessory uses, the sale of excess power shall be limited so that
in no event a wind energy system is generating more than two times
the average calculated energy consumption of the property calculated
over a one-year period.
(2)
All wind energy generation systems shall require zoning and construction
permits in accordance with the Pennsylvania Uniform Construction Code.
(3)
Roof-mounted wind energy generation systems shall be no more than
10 feet above the highest part of the roof, and in no instance shall
be more than 10 feet higher than the permitted building height in
the zoning district. All roof-mounted wind energy generation systems
shall be set back from all property lines and roadway rights-of-way
by a distance equal to or greater than four times the height of the
system, as measured from the roof surface at the point of attachment
(including attachment structure to roof) to the highest portion of
the system. The setback distance shall be measured to the center of
the wind generator base.
(4)
The maximum height of ground-mounted wind energy generation systems
and any accessory facilities thereto shall be 35 feet to its highest
point. All portions of the wind energy generation system shall be
within the side and rear yard building setbacks only, except that
portion that connects the system to the energy grid. Wind energy generation
systems are not permitted within the front yard.
(5)
All wind energy generation equipment shall be approved under a certification
program certified by the United States Department of Energy, such
as the Underwriters Laboratories or other similar certifying organizations.
Experimental, home-built, and prototype models shall not be permitted.
(6)
Wind energy systems and associated facilities, including foundations
and support structures, electrical connections and control equipment,
associated site improvements and construction techniques, shall be
designed, engineered and installed to comply with all applicable local,
state and federal construction and electrical codes/regulations and
Federal Aviation Administration regulations and requirements.
(7)
All systems that become inoperable for any reason or are abandoned
shall be removed after a period of three months or repaired and maintained
in service.
As used in this article, the following terms shall have the
meanings indicated:
The date at which a wind energy system has been out of service
for a continuous period of three months.
For permitted systems, this would constitute the owner's
manual requirements.
The maximum rated output of electric power generation by
the system in kilowatts (kW) as identified by the manufacturer.
The period in which the system has been designed by the manufacturer
to operate in a safe manner, including the period during which new
parts and refurbishment allow it to continue operating safely.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
