Clinton Township City Zoning Code
ARTICLE V
Alternative Energy Sources
[Added 8-9-2021 by Ord. No. 2021-04]
[1]
Editor's Note: Original Article 5, Planned Residential Development, Sections 501 et seq., were repealed 8-26-2019 by Ord. No. 2019-04.
§ 185-66 Purpose.
It is the purpose of this regulation to promote the safe, effective and efficient use of installed renewable energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties. It is the Township's goal to provide property owners and business owners/operators with flexibility of satisfying their on-site energy needs and assuring continuing electrical supply during utility blackouts for such necessities as pumping well water, running freezers, refrigerators, air conditioners, and lighting for health and safety. Also, it is a secondary goal that through the progressive employment of renewable energy technology in the Township, a reduction in overall energy demands within the Township can be realized.
§ 185-67 Definitions.
As used in this article, the following terms shall have the meanings indicated:
FACILITY
One or more buildings, structures, pieces of equipment, units, etc., that are provided for a particular purpose or specific use.
GEOTHERMAL ENERGY FACILITY
A generating facility capable of capturing and converting hydrothermal energy into hydronic or electrical energy sources.
HYBRID ENERGY SYSTEM
A system that combines electrical input from multiple sources (solar, wind, geothermal, utility) into a bank of storage batteries.
ICE THROW
Any ice gathered on the rotating blades of a wind turbine that detaches and is thrown.
INTERCONNECTION
The technical and practical link between the renewable energy generators, including hybrid sources such as wind, solar, geothermal, and multiple units of each, the storage batteries, the controllers, and the grid providing electricity to the greater community.
NET METERING AGREEMENT
An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
SHED
A simple single-story roofed structure on a property detached from any main structure that is used for storage, hobbies, or as a workshop.
SMALL WIND TURBINE DEVICE
Shall mean and include small wind turbine devices, wind generators and systems producing from one to 100 kWh of electricity and which are designed to be mounted on a pole or tower or to be attached to the principal or an accessory structure, and used solely to generate power to serve structures located on the same lot.
SOLAR ENERGY FACILITY
An electric generating facility, with the purpose of generating electricity, or providing hot water heat, consisting of one or more, but not limited to, solar panels, shingles, freestanding arrays or Smartflowers and other ancillary associated buildings and structures, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
SOLAR FLOWER (SMARTFLOWER)
A flower-shaped solar panel array that attracts the sun and is completely portable.
STORAGE BATTERIES
Batteries that store electricity from renewable sources which are used directly to power a household, farm, or business with utility power as backup.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor pane.
VIEWSHED
The geographical area of land, water, or other environmental elements that is visible to the human eye from a fixed vantage point or location. It includes all surrounding points that are in line-of-sight with that location and excludes points that are beyond the horizon or obstructed by terrain and other features (e.g., buildings, trees).
WIND ENERGY FACILITY
An electric generating facility, with the purpose of electricity supply, consisting of one or more wind turbines and other ancillary associated buildings and structures, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
WIND TURBINE
A wind energy system that converts wind energy into electricity through the use of a wind turbine generator, which may be of horizontal or vertical shaft design.
§ 185-68 General design and installation standards.
The alternative or renewable energy system must be constructed to comply with all applicable state, federal and local Uniform Construction Codes (UCC) in effect when a building permit application is filed with the Township. The alternative energy system shall also comply with any and all regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority. Submission of a permit application to the Township is required.
§ 185-69 Geothermal energy: conditional accessory use.
A.
Township zoning approval is required for the construction of any geothermal energy facility that is an accessory use on any site or lot. The zoning permit application shall indicate the location of the proposed facility.
B.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community.
C.
This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
D.
Noise from any facility shall meet the Township's noise standards for the applicable zoning district. Measurement of noise emanating from any facility shall be in accordance with Township's noise standards for measuring devices.
E.
Geothermal energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
F.
To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
G.
All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
H.
Geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district within which the facility is constructed, and, where no such setback is specified, the facility shall be no closer than 35 feet from any property line.
I.
No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.
§ 185-70 Geothermal energy: principal conditional use.
A.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
B.
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
C.
Noise from any facility shall meet the Township's noise standards for the applicable zoning district. Measurement of noise emanating from any facility shall be in accordance with Township's noise standards for measuring devices.
D.
To the extent applicable, all geothermal energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
E.
All electrical components of geothermal energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
F.
Geothermal energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
G.
The following project information shall be submitted to the Township for every proposed geothermal energy facility:
(1)
Project narrative, including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the geothermal energy system.
(2)
An affidavit or similar evidence of agreement between the property owner and the geothermal energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a geothermal energy facility.
(a)
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(b)
A site plan showing the planned location of each proposed geothermal energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(c)
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles demonstrating that the facility blends into the surrounding scenery.
(d)
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
H.
Preliminary and final land development approval is required for the construction of any geothermal energy facility when it is the principal use on a site or lot.
I.
All geothermal energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.
J.
Secure perimeter fencing shall be installed around the geothermal energy facility.
(1)
The fencing shall not be constructed within any required landscape buffer or within 10 feet of right-of-way (minimum 25 feet from center of road).
[Amended 5-22-2023 by Ord. No. 2023-01]
(2)
The fencing shall be chain-link construction with rubberized coating in neutral earth tone colors such as black or brown.
K.
Geothermal energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
§ 185-71 Solar energy facility: conditional accessory use.
A.
Township zoning approval is required for the construction of any solar energy facility that is an accessory use on any site or lot. The zoning permit application shall indicate the location of the proposed facility, including the percentage of roof coverage, if the facility is mounted on a building.
B.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
C.
Noise from any facility shall meet the Township's noise standards for the applicable zoning district. Measurement of noise emanating from any facility shall be in accordance with Township's noise standards for measuring devices.
D.
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
E.
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
F.
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
G.
The property owner installing the solar energy facilities shall notify the local Fire Department and Township about said installation in writing and pass any information received from the Fire Department or Township on to the installer in writing.
H.
Solar 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.
I.
Solar energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
J.
Where installed on the roof of a building, no solar panel shall be installed such that more than 75% of the roof area is covered by the panels. Solar panel shall be set back three feet from all edges of the roof.
K.
Where solar roofing shingles are installed on the roof of a building, the shingles shall be installed such that 100% of the visible roof from the street shall be covered by the solar roofing shingles, whether active or not. Identical nonsolar shingles must be used three feet from all edges of the roof and shall be utilized to cover visible roof not being used for solar energy.
L.
Any solar energy facility installed on a sloped roof of a building shall comply with the height requirements of the zoning district in which the property is located and shall be no higher than 18 inches from the roof to which it is mounted, measured perpendicular to the roof. For systems mounted on flat roofs, the height shall be no greater than six feet from the roof, measured perpendicular to the roof. In all cases, the ability of the roof to support such a structure shall be verified by a registered professional engineer.
M.
No solar energy facility or facilities may exceed in total 30% of the total site and in no case shall exceed the maximum lot coverage for the district in which the property is located.
N.
Solar energy facilities shall meet the accessory structure setbacks and other regulations that may apply in the zoning district in which the facility is constructed, and, where no such setback is specified, the facility shall be no closer than 35 feet from any property line.
O.
No facility shall be attached to a tree or any other natural object or structure not intended to support such a facility.
P.
No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.
§ 185-71.1 Solar energy facility: conditional use as principal use.
A.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
B.
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
C.
Noise from any solar energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter or other similar device may be used for measuring and reporting acoustic emissions from a solar energy facility.
D.
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to Township.
E.
To the extent applicable, all solar energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
F.
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
G.
The property owner installing the solar energy facilities shall notify the local Fire Department and Township in writing about said installation and pass any information received from the Fire Department or Township on to the installer in writing.
H.
Solar 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.
I.
Solar energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
J.
The following project information shall be submitted to the Township for every proposed solar energy facility:
(1)
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar energy system.
(2)
An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a solar energy facility.
(3)
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(4)
A site plan showing the planned location of each proposed solar energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(5)
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles demonstrating that the facility blends into the surrounding scenery.
(6)
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
K.
Solar energy facilities shall not exceed a maximum height of 15 feet, measured from the ground to the tallest point of the facility.
L.
Preliminary and final land development approvals are required for the construction of any solar energy facility when it is the principal use on a site or lot.
M.
All solar energy facilities and any associated equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping. Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.
N.
Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth tone colors such as black or brown.
O.
Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of solar panels, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
P.
An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value or the equipment.
Q.
Decommissioning funds shall be deposited into a refundable escrow of the same amount with the Township.
R.
If the solar energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The solar energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.
S.
If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Township may take such action as necessary to complete the decommissioning. The entry into and submission of evidence of a participating 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.
§ 185-71.2 Wind energy facility: accessory use as standalone wind turbine.
A.
Township zoning approval is required prior to the construction of any wind energy facility on any site or lot. The zoning permit application shall indicate the location of the proposed facility.
B.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
C.
Noise from any facility shall meet the Township's noise standards for the applicable zoning district. Measurement of noise emanating from any facility shall be in accordance with Township's noise standards for measuring devices.
D.
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
E.
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.
F.
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
G.
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national Codes, and relevant and applicable international standards.
H.
Wind energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
I.
Yard/setback requirements:
(1)
Minimum lot area: two acres.
(2)
From buildings: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part; except where the facility is mounted to a building, the setback shall not be required between the facility and the building to which it is attached or the principal structure setback for the district, whichever is greater.
(3)
From property lines: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part or the principal structure setback for the district, whichever is greater.
(4)
From public roads: 1.1 times the height of the wind energy facility at its tallest point, measured from the bottom of the facility base to the highest reach of any movable or immobile part or the principal structure setback for the district, whichever is greater.
(5)
Each vertically oriented wind energy facility mounted on a building shall be separated from any other wind energy facility by 1.1 times the height of the facility, measured from the point at which the facility is mounted to the building, to the highest reach of any movable or immobile part of the facility.
J.
Maximum height: where the facility is an independent structure and not mounted to a building, 30 feet maximum height in Rural Residential; 40 feet maximum height in the Agricultural Conservation, Conservation, and Limited Business; and 60 feet in Industrial Districts, measured from ground level to the tip of the wind energy facility's blade fully extended perpendicular to the ground plane for horizontal shaft wind generators or to the top of the vertical shaft wind generator tower or pole. Where the facility is mounted to a building, the maximum height at the tallest point on the building shall be 30 feet high as measured from the ground.
K.
Minimum vertical clearance between ground level and the lowest movable component of the horizontal wind energy facility when at its lowest point: 15 feet; where the facility is mounted to a building, the minimum vertical clearance between the building and the lowest movable component of the wind energy facility when at its lowest point five feet. For a vertical shaft generator, the minimum clearance from ground level shall be five feet except where the movable part is enclosed in the support structure of the facility.
L.
Ice throw from rotating wind turbine blades must be limited to within the subject property.
M.
The color shall be a neutral and nonreflective tone, as approved by the Township. The facility coloring shall be a solid color, and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size. A view impact analysis shall be conducted, illustrating views of the proposed facility from multiple angles demonstrating that the facility blends into the surrounding scenery.
N.
No more than two wind turbines shall be permitted on any one property. Separation of the wind turbines shall be a minimum of 1.1 times the height of the tower or pole and consistent with the setback requirements of the zoning district.
§ 185-71.3 Wind energy facility: permitted conditional use as principal use.
A.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical control equipment.
B.
Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.
C.
Noise from any facility shall meet the Township's noise standards for the applicable zoning district. Measurement of noise emanating from any facility shall be in accordance with Township's noise standards for measuring devices.
D.
Construction of any wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
E.
To the extent applicable, all wind energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
F.
All electrical components of wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
G.
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.
H.
Wind energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
I.
Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.
J.
Yard/setback requirements:
(1)
Minimum lot area: two acres.
(2)
Maximum density: one facility per 3.0-mile radius.
(3)
All setbacks shall be measured from the center of any wind energy facility base to the nearest point on the foundation of a building or property line.
(4)
From off-premises buildings: 1.5 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(5)
From property lines: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
(6)
From public roads: 1.1 times the height of the wind energy facility at its tallest point or the setback for the district in which the facility is located, whichever is greater.
K.
The maximum height of any wind energy facility, measured from ground level to the tip of the blade fully extended perpendicular to the ground plane, shall not exceed the maximum height of any structure as defined in the Township Zoning Ordinance for the applicable zoning district.
L.
Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with ground level.
M.
No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, sidewalks, or any other publicly accessible area, except accessways necessary to service the facility.
N.
The facility coloring shall be solid neutral tones as approved by the Township. Any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than four square feet.
O.
The following project information shall be submitted to the Township for every proposed wind energy facility.
(1)
Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy system.
(2)
An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a wind energy facility.
(3)
Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.
(4)
A site plan showing the planned location of each proposed wind energy facility, property lines, setback lines, access roads, and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.
(5)
A viewshed impact analysis, illustrating views of the proposed facility from multiple angles demonstrating that the facility blends into the surrounding scenery.
(6)
A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.
P.
Decommissioning funds shall be posted and maintained with the Township in an account equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations and any other associated facilities.
Q.
An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value or the equipment.
R.
Decommissioning funds shall be deposited into a refundable escrow of the same amount with the Township.
S.
If the wind energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.
T.
If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Township may take such action as necessary to complete the decommissioning. The entry into and submission of evidence of a participating 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.
U.
There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.
V.
All access doors to wind energy facilities and electrical equipment shall be located or fenced as appropriate, to prevent entry by unauthorized persons.
§ 185-71.4 Small wind energy facility: accessory use attached to building.
A.
Township approval is required prior to the construction of any small wind energy facility on any site or lot.
B.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, noise and screening of ground-mounted electrical control equipment.
C.
Noise from any small wind energy facility shall not exceed 45 decibels at the lot line. A sound level meter, dosimeter, or similar device may be used for measuring and reporting acoustic emissions from the any energy facility.
D.
Construction of any small wind energy facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.
E.
To the extent applicable, all small wind energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.
F.
All electrical components of small wind energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
G.
Small 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.
H.
Small wind energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer, not greater than six inches by six inches in size.
I.
Yard and setback requirements:
(1)
Such devices shall be set back a minimum distance of 1.1 times the total height of the device and all equipment mounted thereon from all adjacent property lines and from public or private street right-of-way lines. The total height shall include the height of any structure that a device is mounted on.
(2)
Such devices shall be set back from any accessory structure(s) on the subject lot not less than 1.1 times the total height of the device. The setback distance shall be measured from the center of the wind turbine base to the nearest point of the foundation of any accessory structure(s).
(3)
Minimum vertical clearance between the building and the exposed lowest movable component of the wind energy facility when at its lowest point: five feet.
(4)
Small wind energy facilities shall not exceed a maximum height of 40 feet, measured from the ground to the tallest point on the facility.
J.
Ice throw from small wind turbine blades must be limited to within the subject property.
K.
The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The facility coloring shall be solid, and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.
L.
No more than two small wind turbines shall be permitted on any one property. Separation of the wind turbines shall be a minimum of 1.1 times the height of the tower or pole and consistent with the setback requirements of the zoning district.
