Collegeville City Zoning Code
ARTICLE XXVII
Small Wind Energy, Solar, and Geothermal Systems
§ 680-209 Legislative intent.
A.
The purpose of this article is to promote the use of solar energy and to provide for the land development, installation and construction of alternative energy systems in Collegeville Borough, subject to reasonable conditions that will protect the public health, safety and welfare.
B.
This article also seeks to conserve and enhance property values with the appropriate and reasonable installation of alternative energy systems on structures and property lots.
C.
The regulations and standards contained in this article are intended to promote alternative energy usage while preserving the distinctive look of the community and historic character of Collegeville Borough.
§ 680-210 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
The space between the casing or well screen and the wall of the borehole or between drilling pipe and casing or between two separate strings of casing.
A hole drilled or bored into the earth, usually for exploratory or economic purposes; a hole into which casing, screen, and other materials may be installed to construct a well.
An impervious, durable pipe placed in a borehole to prevent the walls of the borehole from caving, and to seal off surface drainage or undesirable water, gas, or other fluids and prevent entrance into the well.
A boring(s) drilled to facilitate the installation of a pipe loop for a ground source heat pump system whether circulating water, heat transfer fluid, or refrigerant using direct exchange.
A closed or sealed system designed to heat and/or cool a dwelling or building which circulates water, heat transfer fluid or refrigerant through underground loops. The loops are installed either in closed-loop boreholes or horizontally in trenches or ponds and exchange heat with the ground.
A mechanism for heat exchange which consists of the following basic elements: underground loops of piping, heat transfer fluid, a heat pump, and air distribution system.
A well(s) installed for the purpose of heating and/or cooling the dwelling or building on a property.
Any individual in immediate supervision of and/or responsible for the drilling of boreholes used for the purpose of geothermal heating and/or cooling of a dwelling or building. This individual is responsible for, among other things, boring, closed-loop geothermal pipe installation, and grouting of boreholes.
A device, usually consisting of coils of pipe that transfers heat from one medium to another; for example, from water to air or water to water.
Any liquid used specifically for the purpose of transferring thermal energy from its source to another location.
That which is not connected to the public electric utility.
That which is connected to the public electric utility.
An open or unsealed system designed to heat and/or cool a building which uses a ground water supply well to extract groundwater which is passed through a heat pump and into any discharge well or other area.
Any device, structure or electronics that converts wind energy into usable electrical energy through the use of a wind turbine, a tower, and associated control or conversion electronics.
Any device, structure or electronics that converts solar energy into usable electrical energy, or uses solar energy to heat liquids or produces hot air or performs any similar function through the use of solar panels.
A device containing one or more receptive cells equal to or greater than two square feet, the purpose of which is to convert solar energy into electrical or thermal energy.
A wind turbine is a machine which converts the kinetic energy in wind into electricity.
§ 680-211 General regulations for small wind energy systems.
A.
Conditional use. Small wind energy systems, including but not limited to roof installation, off-grid installation, and on-grid installation shall be allowed as a conditional use. The Borough shall consider the following conditions when allowing for the installation of small wind energy systems:
(1)
Foundation analysis. Foundations plans and analysis shall be submitted by a certified engineer for the installation of any tower taller than 35 feet.
(2)
Plot plan. As part of the conditional use application, a plot plan shall be submitted. The plot plan shall identify the property lines, lot area, and location of existing, natural or man-made features, location of where the proposed small wind energy system is to be located, and the setbacks from the property lines, public rights-of-way, and overhead public utility lines.
B.
Compliance with regulations. A small wind energy system shall comply with all applicable federal, state, and local regulations. The system shall comply with the National Electrical Code and the Pennsylvania Uniform Construction Code. For installations subject to Federal Aviation Administration regulations, all lighting, construction, alteration, height requirements, and maintenance shall be conducted in accordance with the regulations of the Federal Aviation Administration. A building permit or zoning permit shall be submitted to the Borough for review to document the structural integrity of the foundation, base, tower, and all appurtenant structures. All information submitted to the Borough shall be sealed by a certified licensed professional engineer in the Commonwealth of Pennsylvania and subject to review and approval by the Borough Engineer and Code Enforcement Officer.
C.
Environmental consideration. Small wind energy systems shall not be installed in any area designated as floodplain, riparian corridor, both zone 1 and zone 2, wetlands, or steep slopes over 25%.
D.
Setbacks. The setback of the small wind energy system shall be measured from the base of the tower to the nearest property line, public right-of-way, overhead public utility lines, and other wind turbine towers a distance of 1.1 times the height of the tower or the highest point of the wind turbine rotor plane, whichever is higher.
E.
Utility notification. No on-grid small wind energy system shall be installed until evidence has been given to the Borough that the electric utility company has been notified and has approved the installation of a small wind energy system.
F.
Maintenance, repair, and replacement. The property owner of the small wind energy system shall be responsible to maintain the small wind energy system in good operating condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure, the wind turbine, and associated equipment.
G.
Accessory use. Any small wind energy systems shall be considered an accessory use to the principal building.
H.
All equipment for the small wind energy system shall be located on the same lot as the principal use.
I.
Small wind energy systems and associated facilities shall not be used for telecommunication antennas or telecommunication equipment.
J.
There shall be no small wind energy systems allowed in the following:
(1)
Front yard. The front yard shall be measured from the front wall of a principal structure to the street for which the front wall is oriented.
(2)
Easements.
(3)
Street-facing side yard. Street-facing side yard shall be measured in the same manner as the front yard for the purposes of this section.
K.
All wiring between the wind turbine and any structure shall be buried blow the surface of the ground.
L.
There shall be no more than two freestanding wind turbines allowed per site. Any additional freestanding wind turbines may be allowed upon approval by Borough Council, upon recommendation of the Borough Planning Commission.
M.
The design, color and other visual features of small wind energy systems shall be white, off-white, gray, black or any other color as approved by Borough Council upon recommendation of the Borough Planning Commission.
N.
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system shall be prohibited.
O.
The area around the tower shall be fenced to prevent humans or animals from climbing the tower. Any climbing foot pegs or rungs less than 12 feet above ground level shall be removed or secured to prevent unauthorized climbing of the tower. All fences shall be installed per § 680-51A(1), Fences, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
P.
The tower height shall be a maximum of 150 feet measured from the surface of the ground to the highest point of the wind turbine at its maximum vertical height or highest point of the tower, whichever is higher. Use of guy wires is prohibited.
Q.
Noise and shadow flicker. The regulations set forth within this article will apply as follows:
R.
Insurance. Evidence of homeowners' insurance in the amount of $300,000 for general liability shall be provided to the Borough. Evidence of the current insurance policy shall be sent to the Borough each year. The homeowners' policy shall not exclude coverage for small wind energy systems.
S.
Abandonment. If a small wind energy system is inoperable for six consecutive months, the owner shall be notified. Within three months of receiving the notice, the owner shall either restore the system to operating condition or remove it, at the owner's expense.
T.
Small wind energy systems may not be artificially lighted, except to comply with Federal Aviation Administration requirements.
U.
Rooftop installation. The installation of a small wind energy system on a new or existing structure shall be allowed only if the following standards are met:
(1)
The structure can safely support the small wind energy system. The applicant shall submit sealed documentation to the Borough from a Pennsylvania-registered design professional certifying that the structure can handle the additional load(s).
(2)
The height of the small wind energy system shall be no higher than 50 feet measured from the surface of the roof to the highest vertical point of the small wind energy system.
(3)
The clearance from the surface of the roof shall be a minimum of 10 feet to the lowest vertical point of the wind turbine except when an enclosed blade tip system is used. When an enclosed blade system is used, the system shall be installed in accordance with the manufacturer's specifications.
(4)
There shall be no more than two wind turbines for any site one acre or less. An additional wind turbine shall be allowed for each additional half acre.
(5)
Setback of the wind turbine shall be measured from the nearest property line, public right-of-way, and overhead public utility lines a distance of 1 1/2 times the length from the mounting point on the structure to the highest vertical point of the wind turbine.
(6)
Guy wires may be used and shall be attached to the structure.
§ 680-212 General regulations for solar energy equipment.
A.
Setbacks. The setbacks of the solar energy equipment shall comply with all the setback requirements for accessory structures within the applicable zoning district.
B.
Utility notification. No on-grid solar energy equipment shall be installed until evidence has been given to Collegeville that the electric utility company has been notified and has approved the installation of a small wind energy system and/or solar energy equipment.
C.
Maintenance, repair, and replacement. The property owner of the solar energy equipment shall be responsible to maintain the solar energy equipment in good operating condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure, solar panels, and associated equipment.
D.
Accessory use. Solar energy equipment shall be permitted as an accessory use in any zoning district upon receipt of a permit from the Zoning Officer.
E.
General standards.
(1)
All equipment for the solar energy equipment shall be located on the same lot as the principal use.
(2)
All requirements set forth within the Pennsylvania Uniform Construction Code.
(3)
Solar energy equipment may not be artificially lighted.
(4)
Solar energy equipment that uses reflective materials to generate heat or electricity shall not be permitted.
(5)
Solar energy equipment shall be mounted on a roof, or as an integral part of a structure, such as roof shingles or windows, that also produce electricity. Ground-mounted solar equipment shall only be permitted if all roof-mounted solar equipment would be ineffective. It shall be the burden of the applicant to demonstrate that roof-mounted solar equipment would be ineffective or impossible.
(6)
The following rules shall apply to the installation of solar panels:
(a)
Solar energy equipment, whether roof or ground-mounted, shall not be conspicuous from adjacent streets. For example, solar panels directly facing adjacent streets will be considered to be conspicuous.
(b)
Solar energy equipment, whether roof- or ground-mounted shall be located in the least visibly obtrusive location where panels would be functional.
(c)
Roof-mounted solar energy equipment shall be located on a rear- or side-facing roof, as seen from the fronting street.
(d)
There shall be no solar energy equipment placed on a front- or street-facing roof unless the applicant can demonstrate that no other such installation would be effective or is impossible. A side-facing roof that faces an adjacent street will be considered a front-facing roof for the purposes of this section with the same restrictions.
(e)
Roof-mounted solar energy equipment shall be installed in the plane of the roof (flush mounted) or made a part of the roof design (capping or framing is compatible with the color of the roof or structure).
(f)
Roof-mounted solar energy equipment shall not project vertically above the peak of the roof to which it is attached, or project vertically more than six feet above a flat roof.
(g)
If the solar equipment is mounted on the ground, the maximum height of the solar panels shall be no higher than 10 feet from the surface of the ground.
(h)
Ground-mounted solar equipment shall not be permitted in any front or street-facing yard as established by § 680-211J of this article.
(i)
Ground-mounted solar equipment shall be screened from view from neighboring residential properties with vegetation or fencing. Vegetation shall conform to the standards of § 600-53 of Chapter 600, Subdivision and Land Development. The Borough may waive or reduce these standards if it can be demonstrated by the applicant that lesser plantings or existing vegetation adequately screen the solar equipment.
(j)
All exterior electrical and/or plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and the materials adjacent to the lines.
(k)
Nonfunctioning solar energy equipment shall be repaired or replaced within six months of becoming nonfunctional.
§ 680-213 General regulations for geothermal heating/cooling systems.
A.
Accessory use. Geothermal heating/cooling system equipment shall be permitted as an accessory use in any zoning district upon receipt of a permit from the Zoning Officer.
(1)
Permits. No person shall install, construct, drill, or excavate to facilitate the construction or installation of a geothermal heating/cooling system for use as a heating and/or cooling system for a structure, residential or nonresidential within the Borough without first obtaining a geothermal heating/cooling system permit from the Borough. No person shall drill or excavate to repair or modify or to facilitate the repair or modification of a ground source heat pump system in the Borough without first obtaining a ground source heat pump permit.
(2)
Fees. All applicants for ground source heat pump permits shall pay all fees for application and inspection as established by resolution by Borough Council, from time to time. No application shall be considered complete and processing of said application shall not begin until the fee is paid.
(3)
The installation specifications and drawings for the geothermal heating/cooling system shall be submitted to and approved by the Borough as conforming to industry installation standards, as same may be amended and updated from time to time.
B.
Isolation distances. The installation of closed-loop geothermal boreholes shall strictly observe the following minimum isolation distances (setbacks). Any proposed deviation from the following isolation distances prescribed below must be approved by the Borough with reasons stated for the deviation.
Pollution Source | Minimum Isolation Distance (feet) |
|---|---|
Delineated wetlands, floodplains, lakes, ponds, or other surface waters | 10 |
Storm drains, retention/detention basins, and similar stormwater facilities | 10 |
Subsurface sewage absorption areas, elevated sand mounds, cesspools, sewage seepage pits | 50 |
Septic tanks, aerobic tanks, sewage pump tanks and holding tanks | 25 |
Preparation area or storage area of hazardous spray materials, fertilizers, chemicals, or salt piles | 5 |
Surface or subsurface containers or tanks of greater than 1,000 gal. used for storage of materials that cannot be properly disposed of by passage through the soil. This includes, but is not limited to, gasoline and all other petroleum products. | 300 |
(If borehole is grouted and cased inside and out) | (150) |
Surface or subsurface containers or tanks of less than 1,000 gal. used for storage of materials that cannot be properly disposed of by passage through the soil. This includes, but is not limited to gasoline and all other petroleum products. For example, the type of tank used in homes for storing oil for heating purposes. | 30 |
Identified NPL site (Superfund) plume area | 300 |
Property lines and all rights-of-way and easements | 10 |
Any other source or potential source of pollution | As approved by the Borough |
C.
General standards.
(1)
Closed-loop systems. All geothermal heating/cooling systems shall be closed-loop systems. No open-loop systems shall be permitted.
(2)
All equipment for the geothermal heating/cooling system shall be located on the same lot as the principal use.
(3)
All plumbing equipment and connections to geothermal heating/cooling system equipment shall be placed underground. All other equipment shall be placed entirely within the primary structure, as conforms to industry standards.
(4)
Casings. Casings may be necessary to hold the closed-loop geothermal borehole open during the drilling process. Casings may be left in the closed-loop borehole at the discretion of the well contractor. When a casing is used, grouting the annular space is required. Grout shall be mixed, pumped and placed in accordance with industry standards. Acceptable grout materials are as follows:
(5)
Closed-loop geothermal boreholes shall be located, drilled and finished in a manner that will protect the borehole structure from damage from surface activities or other natural occurrences so that the quality of local groundwater cannot be affected.
(6)
The geothermal well installation contractor shall be responsible for insuring that the borehole is drilled in the permitted location. Deviation from the permitted location must receive prior written approval from the Borough. The geothermal well installation contractor shall be responsible for drilling the borehole and the final backfilling and grouting after the closed-loop pipe loop has been installed.
(7)
All geothermal heating/cooling systems in areas underlain by carbonate bedrock must be vertical loop systems. If the closed-loop geothermal borehole penetrates bedrock, it must be grouted from a depth of 15 feet into the bedrock to the top of the borehole. Outside carbonate bedrock areas, either vertical or horizontal closed-loop geothermal heating/cooling systems may be used, subject to the review and approval of the plans by the Borough.
(8)
No geothermal heating/cooling system shall be connected in any way to any sanitary or stormwater sewage disposal system.
(9)
The piping for geothermal heating/cooling systems must be made of polyethylene or polybutylene or a material approved by the Borough Engineer.
(10)
The pipe loop is to be installed by a geothermal well installation contractor who is certified in the proper method of heat fusion specified by the pipe manufacturer. The geothermal well installation contractor shall be responsible for insuring that the pipe loop is installed in accordance with the specifications of the geothermal heating/cooling system manufacturer, the pipe manufacturer, and that the borehole is properly backfilled. Backfilling shall be according to the specifications of the geothermal heating/cooling system equipment manufacturer. When sand is the specified backfill material, the borehole shall be constructed in the same manner as a water supply well. A casing is required to be used and the annular space is required to be grouted.
(11)
Only water or fluids conforming to industry standards may be used as the circulating fluid for geothermal heating/cooling systems, unless a similar fluid is approved by the Borough Engineer.
(12)
Well installation. The geothermal well installation contractor shall provide to the Borough before activation of the ground source heat pump the following:
(a)
Accurate written records and a written geologic log.
(b)
Accurate records with respect to grouting for each well.
(c)
As-built plans and related documentation for each system and well location. Trace wire shall also be provided to identify the location of all wells and piping.
(d)
Written documentation of the geothermal heating/cooling system testing and certification.
(e)
Written plan for the operation of the geothermal heating/cooling system (which meets the specifications of the manufacturer of the system equipment).
(13)
Maintenance of geothermal heating/cooling system.
(a)
All geothermal heating/cooling systems shall be properly maintained in accordance with the manufacturer's specifications and any regulations of the Pennsylvania Department of Environmental Protection and/or any federal regulations.
(b)
Any owner of a lot upon which a geothermal heating/cooling system is installed shall be responsible for maintaining the system.
(c)
If a geothermal heating/cooling system malfunctions, the person responsible for the maintenance of the system shall take all action necessary to repair, modify, or alter the system to eliminate the malfunction within three months of the malfunction.
(d)
Any geothermal heating/cooling system leaks or releases will be reported by the applicant (and subsequent owners) to the Borough with 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 promptly repair any system leak.
(e)
In the event of the proposed discontinuance of the geothermal heating/cooling system, a system closure plan will be prepared and submitted to the Borough for its removal.
(f)
If a geothermal heating/cooling system is inoperable for six consecutive months, the owner shall be notified. Within three months of receiving the notice, the owner shall either restore the system to operating condition or remove it, at the owner's expense. The heat transfer fluid must be removed by a displacement with grout. The top of the borehole must be uncovered and capped with grout.