Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Renewable Energy Sources
[Added 9-9-2015 by Ord. No. 2015-02]
§ 275-203 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE ENERGY
Includes geothermal energy, solar energy and wind energy sources. Alternative energy sources may at times be referred to as "renewable energy sources."
BLADE CLEARANCE
Required minimum distance between the lowest point of a rotor blade and the ground surface below it.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
A BIPV system forms part of the structure to which it is affixed. Typically integrated into a roofing system (e.g., solar shingles), BIPV systems can provide architectural interest and/or an unobtrusive solar energy system installation.
GEOTHERMAL ENERGY
Energy derived from the heat in the interior of the earth.
HORIZONTAL-AXIS WIND TURBINE
A type of wind turbine in which the axis of rotation is parallel to the ground and the blades are perpendicular to the ground.
INTERCONNECTION
Interfacing an on-site electricity generator to the electric distribution system (i.e., the grid). This configuration allows an on-site electricity generating system to operate in parallel with the grid. For small systems, the point of interconnection is through a circuit breaker of the main electric service panel on site, or it could be a supply tap on the service line just before the main electric service panel.
INTERCONNECTION AGREEMENT
A legal document between a customer and an electric utility authorizing the connection of the customer's on-site electricity generating system to the utility's electric grid.
NACELLE
The structure that houses all of the generating components, gearbox, drive train, etc., of a wind turbine.
NET METERING
An approach for interconnecting and metering on-site electricity generating facilities; the means of measuring the difference between electricity supplied by an electric utility, electric distribution company, or electric generation supplier and the electricity generated by a customer-generator using alternative energy sources. Net metering allows customers to use excess on-site generated electricity to offset utility-purchased electricity on a monthly or annual basis.
NET METERING AGREEMENT
An agreement with a customer-generator and an electric utility, electric distribution company, or electric generation supplier, regarding the electricity generated by a customer generator, that allows customers to receive a credit at the retail price of electricity for surplus electricity generated on site. Under a net metering agreement, a bidirectional electric meter is used to measure and record the flow of electricity in both directions from and to the customer-generator.
POWER PURCHASE AGREEMENT (PPA)
A contract to purchase energy. A PPA is usually established between a party that generates electricity and a party that purchases electricity. A PPA may also be a contract written between a building owner that wants to generate electricity on site and a third-party developer who will install, maintain and own the system used to generate the electricity and then sell the electricity produced by the system to the building owner at a predetermined rate.
ROTOR
The blades and hub assembly of a wind turbine.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades.
SHADOW FLICKER
The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
SOLAR ACCESS
The ability of sunlight to shine on a property owner's land, or more specifically, the owner's solar energy facility or solar energy system, without the sunlight being blocked by structures, vegetation, or other obstructions on neighboring land.
SOLAR EASEMENT
A legal agreement that protects access to sunlight, or solar access, on a property.
SOLAR ENERGY FACILITY
An alternative energy facility that consists of one or more ground-mounted, freestanding, or building-integrated solar collection devices, solar-energy-related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other off-site use.
SOLAR ENERGY SYSTEM
An alternative energy system that consists of one or more ground-mounted, freestanding, or building-mounted solar collection devices and solar-energy-related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy to reduce on-site consumption of purchased power. When a property upon which the system is installed also receives electricity supplied by a utility company, excess electricity generated and not presently needed for on-site use may be used off site by a utility company.
SOLAR GLARE
The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
SOLAR HOT-WATER SYSTEM
Uses solar energy to heat water. The most common types of solar water heaters are evacuated tube collectors and glazed flat-plate collectors generally used for domestic hot water, and unglazed plastic collectors used mainly to heat swimming pools.
SOLAR PANEL
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.
TOTAL EXTENDED HEIGHT
The vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point.
TOWER
A guyed or freestanding structure, anchors, and foundation that is specifically engineered to support a small wind turbine.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
VERTICAL-AXIS WIND TURBINE
A type of wind turbine in which the axis of rotation is perpendicular to the wind stream and the ground.
WIND ENERGY SYSTEM
Equipment that converts, and then stores or transfers, energy from the wind into usable forms of energy, which has a rated capacity of not more than 20 kW and which is intended to primarily reduce on-site consumption of utility power. This equipment includes any base, blade, foundation, generator, nacelle, rotor, transformer, vane, wire, inverter, batteries, or other component of the system.
§ 275-204 Alternative energy use regulations.
A.
Alternative energy systems as described in this article are permitted in all residential zoning districts as an accessory use to a permitted principal use, subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this article.
B.
Alternative energy facilities as described in this article are permitted in all nonresidential zoning districts as a conditional use, subject to the standards of the applicable zoning district and the specific criteria set forth in this article.
C.
Where general standards of the applicable zoning district and the specific criteria set forth in this article overlap or conflict, the specific criteria of this article shall supersede the general standards.
D.
An alternative energy system shall be constructed to provide on-site power or energy for the principal use and/or another accessory use on the same lot, parcel, or unit on which the alternative energy system is located and shall not be primarily used to convert energy for commercial or other off-site transfer or use, although this provision shall not be interpreted to prohibit the sale of electricity generated in excess of on-site requirements under an interconnection agreement, net metering agreement, or power purchase agreement.
§ 275-205 Solar energy systems.
Solar energy systems are permitted as an accessory use in all zoning districts, subject to the following specific criteria:
A.
Lot, yard and bulk requirements.
(1)
Setback restrictions.
(a)
Solar energy system components are prohibited outside of the permitted building envelope for the zoning district in which the system is located. Solar energy system components are also prohibited in front yards, side yards, and along any street frontage.
(b)
Solar energy system components shall not encroach upon any right-of-way easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone, and electrical easements.
(c)
Solar energy systems shall not encroach upon any stormwater management facility.
(2)
Height restrictions.
(a)
Building-mounted solar energy systems, other than a building-integrated system, shall not exceed the maximum height restriction imposed upon principal and accessory structures and uses within the applicable zoning district. For purposes of height measurement, building-mounted solar energy systems shall be considered equipment or mechanical devices in the zoning district in which the solar energy system is located.
(b)
Ground-mounted or freestanding solar energy systems shall not exceed the applicable maximum accessory structure height in the zoning district in which the solar energy system is located.
(3)
Impervious coverage.
(a)
For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters and solar hot-air or -water collector devices, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panel, arrays and solar hot-air or -water collector devices.
B.
Design and installation requirements.
(1)
Solar energy systems shall be installed in compliance with all applicable building and construction codes, including regulations with respect to stormwater management and impervious cover.
(2)
The design and installation of solar energy systems shall conform to applicable industry codes and standards, including those of the International Code Council (ICC), American National Standards Institute (ANSI), Underwriters' Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying and professional organizations such as the American Society of Civil Engineers and the American Society of Mechanical Engineers.
(3)
All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and shall be placed in conduit.
(4)
All solar energy system components shall be clearly labeled with a warning concerning voltage and other important electrical safety information.
(5)
Any trees to be removed shall be accompanied by a plan demonstrating the need to remove trees. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
(6)
Access, pathways and smoke-ventilation space.
(a)
A three-foot setback from all roof edges shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner.
(b)
A three-foot setback along the roof ridgelines shall be provided for roof-mounted solar panels to allow available space for firefighters to penetrate the roof to create ventilation.
(c)
A one-and-five-tenths-foot setback from all roof hips and valleys shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner if solar panels are installed on both sides of the roof hip or valley.
(d)
As an alternative to providing the specified solar panel setbacks to roof edges, ridges, hips and valleys for roof access, a building-specific roof-mounted solar panel arrangement may be permitted with conditional use approval, subject to demonstration by the applicant of sufficient room for smoke ventilation between solar panels and adequate access pathways between solar panels along the horizontal and vertical axes of the roof. As part of the application for conditional use approval for building-specific roof access, an applicant shall submit a building-specific roof access plan showing the solar panel arrangement on the roof, smoke-ventilation areas, and access pathways. A building-specific roof access plan shall consider the following criteria:
[1]
There shall be at least one three-foot clear access pathway from the eave to the ridge on each roof slope where solar panels are located.
[2]
Solar panels may be installed along the roof slope up to the ridge when an adequate alternative smoke-ventilation method is provided.
[3]
Roof access points shall be provided in areas that do not require the placement of ladders from the ground to the roof over building openings such as windows and doors.
[4]
Roof access points shall not be placed in locations where the access point may conflict with overhead obstructions such as tree limbs, wires, or signs.
[5]
Pathways between solar panels shall be provided to ensure thorough access to the roof and to provide emergency egress from the roof.
[6]
All solar panels shall be mounted in accordance with the listed installation instructions of the system.
(e)
Nonhabitable structures. Nonhabitable structures are not subject to the roof access, pathway, and smoke-ventilation requirements of this section. Nonhabitable structures include, but are not limited to, accessory detached garages, barns, and sheds.
C.
Operation and performance standards.
(1)
Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.
(2)
Solar panels shall be positioned to prevent solar glare or additional heat load upon any neighboring properties.
(3)
Solar energy systems shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturer's and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment, provided such information complies with applicable sign regulations.
(4)
Owners of solar energy systems are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Township does not guarantee and will not protect any individual property rights with respect to solar access.
D.
Decommissioning requirements.
(1)
If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system may be deemed to be abandoned and may constitute a public nuisance as determined by the Township Zoning Officer, with the exception of BIPV systems. If deemed abandoned or a public nuisance, the owner shall remove the system within six months of abandonment, after a demolition permit has been obtained, in accordance with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural components shall be removed.
(b)
Underground wiring and structural components shall be removed and the resulting void space filled.
(2)
When a ground-mounted or freestanding solar energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.
§ 275-206 Solar energy facilities.
Solar energy facilities are permitted as a conditional use on parcels over 10 acres. The conditional use regulations, requirements and restrictions set forth below in this article shall apply to solar energy facilities in addition to those regulations, requirements and restrictions of the underlying zoning district:
A.
Lot, yard and bulk requirements.
(1)
Setback restrictions.
(a)
Solar energy facility components shall not be located within any required primary use setback.
(b)
Solar energy facility components shall not encroach upon any right-of-way or easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone, and electrical easements.
(c)
Solar energy facility components shall not encroach upon any stormwater management facility.
(2)
Height restrictions.
(a)
Building-mounted solar energy facilities, other than a building-integrated system, shall not exceed the maximum height restriction imposed upon principal and accessory structures and uses within the applicable zoning district. For purposes of height measurement, building-mounted solar energy systems shall be considered equipment or mechanical devices and are restricted consistent with the height limitations applicable to other building-mounted equipment or mechanical devices in the zoning district in which the solar energy system is located.
(b)
Ground-mounted or freestanding solar energy facilities shall not exceed the applicable maximum accessory structure height in the zoning district in which the solar energy facility is located.
(3)
Impervious coverage.
(a)
For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters and solar hot-air or -water collector devices, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, arrays and solar hot-air or -water collector devices.
B.
Design and installation requirements.
(1)
Solar energy facilities shall be installed in compliance with all applicable building and construction codes, including regulations with respect to floodplain management and stormwater management.
(2)
The design and installation of solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations, and shall comply with applicable construction and building codes with all other applicable fire and life safety requirements.
(3)
All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and shall be placed in conduit.
(4)
All solar energy facility components shall be clearly labeled with a warning concerning voltage and other important electrical safety information.
(5)
Solar panels shall be positioned to prevent solar glare upon any neighboring properties or any public or private street and to prevent additional heat load upon neighboring properties.
(6)
All equipment for solar energy facilities, including any structure for batteries or storage cells, shall be completely enclosed by a minimum of eight-foot-high fence with a self-locking gate.
(7)
The applicant will provide a stormwater management plan for the facility that will minimize the impact of stormwater leaving the site through the use of stormwater BMPs.
(8)
An applicant shall locate a solar energy facility so that tree removal is not required to the extent practical and shall be subject to any applicable tree replacement regulations found in the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 215, Subdivision and Land Development.
C.
Operation and performance standards.
(1)
Solar energy facilities shall be operated in compliance with all federal, state, and local laws and regulations.
(2)
Solar energy facilities shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy facility equipment, provided such information complies with applicable sign regulations.
(3)
Owners of solar energy facilities are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Township does not guarantee and will not protect any individual property rights with respect to solar access.
(4)
The applicant shall provide proof that all necessary interconnection agreements have been finalized.
(5)
The grazing of animals, to include but not be limited to sheep and goats, to control vegetation growing underneath solar arrays is permitted as customarily incidental to a solar energy facility principal use, subject to the lot size requirements specified in the chapter or by state, federal, or local law.
D.
Decommissioning requirements.
(1)
If a solar energy facility remains nonfunctional or inoperative for a continuous period of one year, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the owner demonstrates a good-faith intent to sell the facility. Within six months of abandonment, the owner shall remove the system, after a demolition permit has been obtained, in accordance with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural components shall be removed.
(b)
Underground wiring and structural components shall be removed and the resulting void space filled.
(2)
When a solar energy facility is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.
§ 275-207 Wind energy systems.
A.
Permitting.
(1)
It shall be unlawful to install a new wind energy system or modify an existing wind energy system without a valid permit.
(2)
Any relocation of the proposed wind energy system from the permitted location must be submitted in writing and approved by the Township.
(3)
If the wind energy system is not installed and functioning within three years from the permit issuance date, the approval to construct shall expire.
(4)
The zoning permit application shall be accompanied by a plot plan which includes the following information:
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimensions, and types of existing major structures on the property.
(c)
Location of the proposed wind energy system tower.
(d)
The right-of-way of any public road that is contiguous with the property.
(e)
Any public overhead utility lines or easements.
(f)
Wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and any manufacturer-recommended installation and maintenance standards.
(5)
Applications for roof-mounted (or other nontraditionally mounted) wind energy systems must include a wet-stamped/sealed/certified structural engineering analysis for the turbine mounting system and for the suitability of the building to which the turbine is to be mounted.
B.
Height and setbacks.
(1)
The base of the tower shall be set back from all property lines, public rights-of-way, designated important bird areas, and overhead public utility lines a distance equal to 1.1 times the total extended height.
(2)
Ground-mounted wind energy systems are prohibited outside of the permitted building envelope for the zoning district in which the system is located. Ground-mounted wind energy systems and/or their components are also prohibited in front yards, side yards, and along any street frontage, and may be located in a rear yard only, within a permitted building envelope.
(3)
Ground-mounted wind energy systems shall not encroach upon any right-of-way or easement, including but not limited to water, stormwater, sanitary sewer, natural, gas, telephone and electrical easements.
(4)
Ground-mounted wind energy systems shall not encroach upon any stormwater management facility.
(5)
Ground-mounted wind energy systems shall not exceed 54 feet in height, subject to compliance with sound and setback requirements and Federal Aviation Administration regulations.
C.
Aesthetics.
(1)
The wind energy system components shall be of a neutral color, such as white, off-white, or gray.
(2)
The wind energy system shall not be artificially lighted, unless required by Federal Aviation Administration regulations.
(3)
The wind energy system shall not display advertising, except for reasonable identification of the turbine manufacturer and any required safety warnings.
(4)
All wiring between the wind turbine and any structure shall be buried below the surface of the ground.
D.
Sound.
(1)
The audible sound from a wind energy system shall not exceed 70 dBA, measured at the property line.
(2)
Sound levels, however, may be exceeded during short-term events not within the operator's control, such as utility outages and/or severe storms.
E.
Safety.
(1)
All wind energy systems shall be equipped with manual — electronic or mechanical — and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(2)
Horizontal-axis wind turbines shall not be climbable up to a minimum of 15 feet above grade level and shall have a minimum blade clearance of 25 feet.
(3)
For lattice towers, sheets of metal or wood shall be fastened to the lower part of the tower to cover all hand- and footholds up to a height of 10 feet above grade level or to the lowest point of the rotor diameter, whichever is shorter.
(4)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(5)
Display "Danger-High Voltage" or "Caution-Electrical Shock Hazard" signs to the sides of the tower to be clearly visible from all directions.
F.
Shadow flicker.
(1)
All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
G.
Decommissioning requirements.
(1)
If a wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance as determined by the Township Zoning Officer. The owner shall remove the system within six months of abandonment, after a demolition permit has been obtained, in accordance with the following:
(a)
Any aboveground mechanical equipment, wiring, and structural components shall be removed.
(b)
Underground wiring and structural components shall be removed and the resulting void space filled.
(2)
When a ground-mounted wind energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded, and reseeded.
H.
Compliance with other regulations.
(1)
All wind energy systems, including towers, shall comply with all applicable local, state, and federal construction and electrical codes.
§ 275-208 Geothermal energy systems.
A.
Permitting. It shall be unlawful to install a new geothermal well or modify an existing geothermal well without a valid permit.
(1)
Prior to constructing a new geothermal well or modifying an existing geothermal well, the property owner shall file all appropriate applications with the municipality, county, or other regulating agency and pay all applicable fees.
(2)
The application to construct or alter a geothermal well must be filed on behalf of the current owner or equitable owner.
(3)
The Township shall approve or deny the application within 15 working days of receipt of a complete application and the appropriate fee. The Township must field-verify the location of the proposed geothermal well(s) and all applicable isolation distances. When the Township has found an application to be incomplete, or the Township is unable to verify the information submitted, the applicant shall be notified, in writing, that additional information or clarification is required. The Township's time for acting upon a permit shall be extended 15 days beyond the date of receipt of the supplementary or amendatory information.
(4)
Any relocation of the proposed geothermal well site from the permitted location must be submitted in writing and approved by the Township.
(5)
If geothermal well construction is not completed in three years from the permit issuance date, the approval to construct shall expire.
(6)
All geothermal well applications must include the following information:
(a)
Applicant name and signature, address, and telephone number.
(b)
Site address, subdivision name, lot number, and municipality.
(c)
Driller name, PADCNR license number, and telephone number.
(d)
Tax parcel number.
(e)
Description of construction.
(f)
Plot plan including:
[1]
Property lines, lot dimensions, slope direction, adjacent streets, and reference to north.
[2]
Marked distances from the proposed geothermal well to any existing and proposed water supplies, buildings, driveways, parking areas, two nonparallel property lines, retention areas, surface waters, chemical/fuel storage areas, and any other feature that requires an isolation distance as defined in this article.
B.
Geothermal system standards.
(1)
Geothermal wells shall be constructed to the standards outlined in the Montgomery County Public Health Code, Chapter 17, "Individual Water Supply, Irrigation Well, and Geothermal Well System Regulations."
(2)
All wells shall be constructed by a Pennsylvania Department of Conservation and Natural Resources (DCNR) licensed water well driller or an International Ground Source Heat Pump Association (IGSHPA) accredited geothermal system installer.
(3)
Only closed-loop geothermal well systems or standing-column geothermal well systems are allowed.
(4)
Open-loop geothermal well systems, except for standing-column geothermal well systems, are prohibited. Separate supply and reinjection wells are prohibited.
C.
Location of geothermal systems.
(1)
The applicant and/or well driller/installer is responsible for ensuring maintenance of all isolation distances set forth in this article.
(2)
Isolation distances. Minimum isolation distances shall be maintained from the proposed individual geothermal well to the facilities listed below.
Minimum Setback from Landmark or Borehole or Geothermal Supply or Return Well | ||||
|---|---|---|---|---|
Closed-Loop Systems | Standing-Column Well Systems | |||
Delineated wetlands, floodplains, lakes, ponds, streams, or other surface waters | 12.5 feet* | 25 feet* | ||
Storm drains, retention basins, stormwater stabilization ponds, or rainwater pits | 12.5 feet* | 25 feet* | ||
Community spray irrigation site, sewage sludge and septic disposal site | 50 feet* | 100 feet* | ||
Farm silos, barnyards, manure pits or tanks or other storage areas of animal manure | 100 feet* | 200 feet* | ||
Subsurface sewage absorption areas, elevated sand mounds, cesspools, sewage seepage pits, single-family spray irrigation system, etc. | 50 feet* | 100 feet* | ||
Septic tanks, aerobic tanks, sewage pump tanks, holding tanks | 25 feet* | 50 feet* | ||
Gravity sewer lines and drains carrying domestic sewage or industrial waste (unless item below applies): | 25 feet* | 50 feet* | ||
A. | Gravity sewer lines and drains using cast-iron pipe with watertight lead-caulked or neoprene-gasketed joints, or Schedule 40 PVC pipe with solvent-welded joints | 5 feet* | 10 feet* | |
B. | Sewer lines and drains carrying domestic sewage or industrial waste under pressure (except welded steel pipe or concrete-encased pipe). | 25 feet* | 50 feet* | |
Commercial preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles | 150 feet* | 300 feet* | ||
Existing water and forced sewer buried utilities and/or utility trenches | 15 feet or outside easement | |||
Dedicated public right-of-way and property lines | 10 feet | |||
Building foundations (except buildings enclosing water wells and/or water well pumps) | 10 feet | |||
Identified NPL (Superfund) site plume area | 300 feet | |||
Any other source or potential source of pollution | As approved | |||
NOTES: | ||
|---|---|---|
* | These amounts are the minimum isolation distances required by Montgomery County Health Department (MCHD) Code § 17-7. Any deviation or modification from these isolation distances must be reviewed and approved by the MCHD. | |
(3)
Any proposed deviation or modification from the above-listed isolation distances must be submitted in writing to the Township, and the Montgomery County Health Department (MCHD), if applicable, stating reasons for such deviation or modification. Upon review of the material, the proposed deviation may be granted by the MCHD. If the MCHD approves of the deviation, additional conditions may be required prior to permit issuance. These conditions may also be applied to isolation distances unable to be determined by the applicant. The Township should be supplied a copy of the MCHD decision.
D.
Installation and maintenance.
(1)
The geothermal system must be designed and installed in conformance with IGSRPA Heat Pump Systems Design and Installation Standards, as same may be amended and updated from time to time.
(2)
All geothermal systems shall be properly maintained in accordance with manufacturer's specifications, the installer's specifications, and any applicable federal, state, and local laws.
E.
Compliance with other regulations.
(1)
If any provision of this section conflicts with any applicable county, state, or federal law, rule, or regulation which is more strict or which is determined to preempt a provision of this section, the applicable county, state, or federal requirement shall control.
F.
Decommissioning requirements.
(1)
Upon decommissioning, all abandoned wells must be immediately filled and sealed according to the PADEP/DCNR Water Well Abandonment Guidelines. A copy of the PADEP/DCNR water well abandonment form shall be submitted to MCHD within 30 days of abandonment.
(2)
Any and all heat transfer fluid must be removed by displacement with grout. The top of the borehole must be uncovered and capped with grout in a manner acceptable to the Township and MCHD.
(3)
If the applicant/homeowner chooses not to abandon the well, a nonabandonment declaration must be signed and submitted to MCHD within 30 days.
(4)
Abandonment procedures may be subject to MCHD inspection.
