Lower Mount Bethel Township
City Zoning Code

Permitted Use. A closed-loop geothermal energy system shall be permitted in all zoning districts as an accessory use, where the energy supplied is solely for the use of principal and accessory uses permitted on the subject property. Geothermal energy system(s) may be permitted as a principal use pursuant to the provisions set forth in Part 10 and § 27-1207 herein. Open-loop geothermal energy systems shall not be permitted. All permitted geothermal energy systems shall comply with the provisions of this § 27-1202.

Permitting. A zoning permit and building permit pursuant to the PA Uniform Construction Code, shall be required prior to installation of any geothermal energy system. Applicable manufacturer specifications and any PA Department of Environmental Protection (PA DEP) or Northampton County Health Department correspondence shall be submitted to Lower Mount Bethel Township as part of the application for any permit.

Design. The design, installation and operation of geothermal energy systems shall be permitted in conformance with all applicable regulation under PA DEP and the PA Uniform Construction Code, Act 45 of 1999 as amended,[1] and 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 conform with the Township Building Code and with all other applicable Township requirements. Such conformance shall be certified by the installer of the system on a form adopted by resolution of the Board of Supervisors from time to time.

Isolation Distances. No portion of a geothermal energy system shall be constructed within 20 feet of a water supply well, a sewage disposal facility or a carbonate geologic feature identified in § 22-404, Subsection 3.A., of the Lower Mount Bethel Subdivision and Land Development Ordinance.[2]

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the geothermal energy system shall comply with all accessory or principal setbacks, as applicable, for the zoning district in which the system is installed. Appurtenances to principal geothermal energy systems also shall comply with the provisions of § 27-1207 regardless of accessory setback provisions.

Heat-Transfer Fluids. Closed-loop geothermal systems shall utilize heat-transfer fluids conforming to all standards set by the PA DEP. A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids must be used.

Disrepair. If the geothermal energy system enters into a state of disrepair, it shall be the responsibility of the property owner to properly maintain the geothermal energy system or to decommission the system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Abandonment and Decommissioning.

Permitted Use.

Permitting. In addition to conditional use approval where required, a zoning permit and building permit, consistent with or independent of the PA Uniform Construction Code, shall be required prior to installation of any solar energy system. Applicable manufacturer specifications shall be submitted to Lower Mount Bethel Township as part of the application for any permit.

Design. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall conform with the Township Building Code and with all other applicable fire and life safety requirements. Such conformance shall be certified by the installer of the system on a form adopted by resolution of the Board of Supervisors from time to time.

Grid Interconnection.

Transmission Lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground except and only at points where above ground connection to the power grid is required.

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the solar energy system shall comply with all accessory or principal setbacks, as applicable, for the zoning district in which the system is installed. Appurtenances to principal solar energy systems also shall comply with the provisions of § 27-1207 regardless of accessory setback provisions.

Hazardous Materials. No solar energy system shall contain hazardous substances as defined in the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq.

Lighting. Solar energy systems shall not be artificially lighted except to the extent required by any applicable federal, state or local authority.

No Advertising. Solar energy systems and appurtenant or accessory structures shall not display any advertising, except for identification of the panel or other equipment manufacturer, and the facility owner, on a sign not to exceed two square feet in area.

Vehicular Access. All solar energy systems shall be located where there is a means of vehicular access from a public or private street.

Glare.

Historic Structures. If an accessory solar energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Township as provided herein and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.

Solar Access Easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s). All solar access easements shall be recorded in the office of the Northampton County Recorder of Deeds.

Roof-Mounted Systems.

Ground-Mounted (Freestanding) Systems.

Conditional Use Approval for Solar Energy Systems. In consideration of conditional use approval where required pursuant to this § 27-1204, in addition to review of the standards for conditional use approval set forth in § 27-1705 of this chapter, the Board of Supervisors shall be satisfied that the solar installation will not unduly impact other property owners or the travelling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility, by the presence of intervening topography, vegetation or structures, or will be mitigated through introduction of landscaping consistent with the standards set forth in § 27-1408.

Abandonment or Disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within 90 days from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Township.

Permitted Use. Accessory wind energy systems shall be permitted in all zoning districts as an accessory use, subject to the provisions set forth herein. A system is considered an accessory wind energy system if it supplies electrical power only for on-site use of principal or accessory uses permitted on the subject property, except where incidental excess electrical generation is connected to the primary power grid pursuant to Subsection 1.D. below. Wind energy systems may be permitted as a principal use pursuant to the provisions set forth in Part 10 and § 27-1207 herein. All permitted wind energy systems shall comply with the provisions of this § 27-1205.

Permitting. A zoning permit and building permit, consistent with or independent of the PA Uniform Construction Code, shall be required prior to installation of any wind energy system. Applicable manufacturer specifications shall be submitted to Lower Mount Bethel Township as part of the application for any permit.

Design. The design and installation of the wind energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall conform with the Township Building Code and with all other applicable fire and life safety requirements. Such conformance shall be certified by the installer of the system on a form adopted by resolution of the Board of Supervisors from time to time. DC/AC inverters shall be installed at the base of each wind energy system, in addition to an automatic disconnect device.

Grid Interconnection. When a property upon which an accessory wind energy system is installed also receives electrical power supplied by a utility company, excess electrical power incidentally generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory wind energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

Historic Structures. If a wind energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Township upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

Transmission Lines. All power transmission lines from the wind energy system to any building or other structure shall be located underground.

Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the wind energy system shall comply with all accessory or principal setbacks, as applicable, for the zoning district in which the system is installed. Appurtenances to principal wind energy systems also shall comply with the provisions of § 27-1207 regardless of accessory setback provisions.

Height Limitations.

Setback Requirements.

Noise Limitations. Wind energy systems shall not generate noise perceptible at any property line which exceeds 60 decibels. Noise levels shall be measured from any abutting property line. Notwithstanding the above, 60 decibels may be exceeded during short-term events such as utility outages and/or severe wind storms. The applicant shall supply manufacturer's information to ascertain anticipated noise levels as part of any permit application.

Lot Coverage. The footprint of a wind energy system shall be calculated as part of the overall lot coverage.

Structural Integrity. For any wind energy systems, the applicant must demonstrate to the Building Code inspector or at the time of conditional use application, as applicable, by credible evidence, that the integrity of the structure is such that it can adequately support the system being considered.

Storage Structures. 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 structure requirements specified within the underlying zoning district.

One Turbine Per Lot. No more than one wind energy system (wind turbine) shall be permitted per lot less than three acres in area and no more than three wind energy system(s) (wind turbines) shall be permitted on lots greater than three acres in area. A wind energy system made up of a number of adjacent micro-turbine panels is considered one system for the purposes of this subsection.

Braking. All wind energy systems shall be equipped with an adequate braking system to prevent excessive speed. Such system may include aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and/or mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.

Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

Colors. Wind energy systems shall be white, off-white or gray.

Shadow Flicker. All wind energy systems shall be sited to prevent shadow flicker on any occupied building on adjacent properties.

Climbing. Wind energy systems shall be equipped with an appropriate anti-climbing device, or otherwise designed to prevent unauthorized access to the system.

Advertising and Signage. Wind energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Any such sign shall have an area not to exceed two square feet.

Conditional Use Approval. In consideration of conditional use approval where required pursuant to this § 27-1205, in addition to review of the standards for conditional use approval set forth in § 27-1705 of this chapter, the Board of Supervisors shall be satisfied that the wind energy system will not unduly impact near-by property owners or the travelling public or that potential impacts are mitigated by design of the system or structure(s) upon which it is mounted, by distance from points of visibility or by the presence of intervening topography, vegetation or structures, or will be mitigated through introduction of landscaping consistent with the standards set forth in § 27-1408.

Abandonment or Disrepair. If the wind energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the wind energy system within 90 days from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the system shall be graded and reseeded to the satisfaction of the Township.

Permitted Use. A manure digester shall be permitted as an accessory use if it supplies electrical or thermal power only for on-site use of principal or accessory uses permitted on the subject property, except where incidental excess electrical generation is connected to the primary power grid pursuant to Subsection 1.E. below. A manure digester may be permitted as a principal use pursuant to the provisions set forth in Part 10 and § 27-1207 herein. All manure digesters shall comply with the provisions of this § 27-1206.

Permitting. A zoning permit and building permit, consistent with or independent of the PA Uniform Construction Code, shall be required prior to installation of any manure digester. The applicant shall submit the following to Lower Mount Bethel Township as part of the application for any permit:

Design and Installation.

A professional engineer, qualified to do such, shall furnish and demonstrate to the Township compliance with all details of construction, operation, maintenance and necessary controls related to the manure digester.

Grid Interconnection. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power incidentally generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the manure digester shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Systems not connected to the public utility grid shall be exempt from this requirement.

Operation and Performance Standards. The proposed use shall be subject to any applicable operation and performance standards set forth by DEP.

Setback Requirements. Manure digesters, and any area or facility utilized for storage of manure or other organic materials to be digested, shall not be located within 150 feet from any residential structure other than that of the property owner, or within 100 feet of any public road right-of-way or property line, unless fully enclosed within a structure existing at the time of adoption of this section, such as a barn.

Lot Coverage. The footprint of a manure digester, including any appurtenances and any area or facility utilized for storage of manure or other organic materials to be digested, shall be calculated as part of the overall lot coverage.

Noise Limitations. The operation of a manure digester shall not generate noise perceptible at any property line which exceeds 60 decibels. Noise levels shall be measured from any abutting property line. The applicant shall supply manufacturer's information to ascertain anticipated noise levels as part of any permit application.

Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the manure digester shall comply with all accessory or principal setbacks, as applicable, for the zoning district in which the system is installed. Appurtenances to principal manure digesters also shall comply with the provisions of § 27-1207 regardless of accessory setback provisions.

Abandonment or Disrepair. If the manure digester is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the manure digester within 90 days from the date the system enters such a state or immediately in any case determined to be a safety hazard.

Decommissioning. If a manure digester is ever removed, any earth disturbance as a result of the removal of the manure digester shall be graded and reseeded to the satisfaction of the Township.

Except where greater setbacks set forth herein apply, principal alternative or renewable energy systems shall be set back a minimum of 100 feet from any public right-of-way, any lot line, and any historic structure as may be designated by the Township or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service.

Except where greater setbacks set forth herein apply, principal alternative or renewable energy systems shall be set back a minimum of 200 feet and shall be screened from view from the right-of-way of any road designated as part of the Delaware River Valley Scenic Byway.

The entire facility comprising a principal alternative or renewable energy system and its appurtenant and accessory structure(s) and equipment shall be enclosed by a fence or barrier to prevent or restrict unauthorized persons or vehicles from entering the facility. Clearly visible warning signs shall be placed on the fence, barrier or at the perimeter of the facility to inform individuals of potential voltage hazards. All mechanical equipment associated with the facility shall be completely enclosed by a minimum eight feet high fence with a self-locking gate.

No principal alternative or renewable energy system shall include the co-location of batteries or other equipment used to store the energy output from the system except where approved by the Board of Supervisors as a condition of conditional use approval upon satisfaction that adequate safety precautions are included in the design of the system.

A principal alternative or renewable energy system shall be serviced by an adequate water supply for firefighting purposes.

No principal alternative or renewable energy system shall cause interference with wireless communication or radio or television signals beyond the bounds of the property upon which the system is located.