Springettsbury Township
City Zoning Code
City Zoning Code
ARTICLE XXXIV
Energy Conversion Systems
§ 325-209 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A. DEP FACILITY OWNER NONPARTICIPATING LANDOWNERS OPERATOR
General terms.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
The entity or entities having equity interest in the wind energy facility, including their respective successors and assigns.
Any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
The entity responsible for the day-to-day operation and maintenance of the energy system.
B. CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM GEOTHERMAL BOREHOLES GEOTHERMAL ENERGY SYSTEM
Geothermal energy terms.
A mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat-transfer fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat-transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
A borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
A hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
An energy-generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
C. OUTDOOR FURNACE OUTDOOR HYDRONIC HEATER PHASE 2 OUTDOOR HYDRONIC HEATER
Outdoor furnace terms.
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors or in a structure not normally occupied for human habitation for the primary purpose of combustion of fuel to produce heat or energy used as a component of a space or water heating system in a building or structure of which the unit is located outside of.
An accessory structure designed and intended for the primary purpose of combustion of fuel to produce heat or energy for the principal structure or any other site, building, or structure on the premises.
An outdoor hydronic heater that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units (BTU) output and is labeled accordingly, with a white "hang" tag.
D. LARGE SOLAR ENERGY SYSTEM SMALL SOLAR ENERGY SYSTEM SOLAR ENERGY SOLAR ENERGY SYSTEM
Solar energy terms.
An area of land or other area — such as a building roof — used for a solar collection system principally used to capture solar energy and convert it to electrical energy. Large solar energy production facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities, which has a rated capacity of more than 20 kilowatts (for electricity) or rated storage volume of the system of more than 340 gallons or that has a collector area of more than two thousand 2,000 square feet (for thermal). Large solar energy systems shall be considered land development when their construction will result in 3,500 or more square feet of impervious surface coverage, including all foundations and any parking areas or access roads.
A solar collection system consisting of one or more roof and/or ground-mounted solar collector devices and solar-related equipment, which has a rated capacity of less than or equal to 20 kilowatts (for electricity) or rated storage volume of the system of less than or equal to 340 gallons or that has a collector area of less than or equal to 2,000 square feet (for thermal), and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
Radiant energy (direct, diffuse, and reflected) received from the sun.
Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity.
E. HUB HEIGHT LARGE WIND ENERGY PRODUCTION FACILITY PRIVATE USE WIND ENERGY SYSTEM TURBINE HEIGHT WIND ENERGY FACILITY WIND TURBINE
Wind energy terms.
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities, which has a rated capacity of more than 100 kilowatts.
A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, which is intended primarily to reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The rated capacity of a small wind energy system shall be limited to:
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane or tower, whichever is higher.
An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
§ 325-210 Solar energy facility requirements.
A.
No person shall install or construct a solar energy facility without first obtaining a zoning permit.
B.
Building-integrated or rooftop-mounted solar energy systems.
(1)
Shall be allowed to exceed the maximum height of the district, provided that they do not exceed the maximum height by more than five feet.
(2)
No portion of the solar energy system shall overhang the rooftop.
(3)
Collector panels shall be located such that there is no glare on adjacent properties or streets.
C.
Ground-mounted solar energy systems.
(1)
Only the base or foundation of the solar panel that is affixed to the land, rather than the entire solar panel, shall be considered impervious cover, provided that there is adequate space between panels for water to flow off of the collector onto a pervious surface.
(2)
For purposes of determining compliance with lot coverage standards of the underlying zone, only the total surface area of all solar panel bases or foundations of ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices, shall be considered.
(3)
All ground-mounted and freestanding solar collectors of large solar energy facilities shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property.
(4)
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(5)
A ground-mounted solar energy system shall not exceed the maximum building height for the zoning district in which it is located.
(6)
Ground-mounted solar energy systems shall meet the setback requirements for the underlying zoning district.
(7)
Collector panels shall be located such that there is no glare on adjacent properties or streets.
D.
If applicable, the applicant shall provide to the Township a copy of the agreement between the landowner of the real property on which the solar energy facility is to be located and the facility owner, demonstrating that the facility owner has permission of the landowner to apply for necessary permits or approvals for construction and operation of the solar energy facility.
E.
Solar energy systems that are connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
F.
The design of the solar energy system shall conform to applicable industry standards.
H.
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
I.
Large-scale solar energy facilities shall be considered land development when their construction will result in 3,500 or more square feet of impervious coverage including foundations, parking areas and access roads.
J.
Clearly visible warning signs shall be placed on the fence, barrier or facility perimeter of large-scale solar energy facilities to inform individuals of potential voltage hazards.
§ 325-211 Wind energy facility requirements.
A.
No person shall install or construct a wind energy facility without first obtaining a zoning permit.
B.
Design and installation.
(2)
Wind turbines that are installed on a building, either attached to the roof or the wall of the building, shall extend no more than the maximum height of the zoning district or 50 feet, whichever is less.
(3)
Number of turbines per lot.
(a)
Turbines shall not be permitted on lots which are smaller than 10,000 square feet in size.
(b)
One turbine shall be permitted on lots that are greater than 10,000 square feet and less than 20,000 square feet in size.
(c)
Two turbines shall be permitted on lots that are greater than 20,000 square feet and less than one acre in size.
(d)
For lots larger than one acre and less than 20 acres in size, two turbines shall be permitted for the first acre and for each additional acre over one acre.
(e)
For lots 20 acres or larger in size, up to four turbines per acre shall be permitted.
(5)
The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
(6)
All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(7)
All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(8)
Wind turbines shall be white, gray or another nonreflective, nonobtrusive color.
(9)
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.
(10)
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.
(11)
On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
C.
The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.
D.
Warnings.
(1)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
G.
Setbacks for wind turbines more than 50 feet in height.
(1)
Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the turbine height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(3)
All wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(4)
All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
I.
The applicant shall provide a copy of the project summary and site plan to local emergency services, including the York Area United Fire and Rescue.
J.
The applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
K.
The Township's engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
L.
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the Township upon request.
M.
Decommissioning.
(1)
If a wind turbine is inoperable for six consecutive months, the facility owner and operator, at its expense, shall restore the wind turbine to operating condition or complete decommissioning of the wind turbine, within six months after the end of the useful life of the wind turbine. The wind turbine will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of six months.
(2)
Decommissioning shall include removal of the wind turbine, buildings, cabling, electrical components, access drives, foundations to a depth of 36 inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded.
(4)
If the facility owner or operator fails to complete decommissioning within the period prescribed in this section, then the landowner, at its expense, shall have six months to complete decommissioning.
§ 325-212 Geothermal energy system requirements.
A.
No person shall install, construct, drill or excavate to facilitate the construction or installation of a geothermal energy system for use as a heating and/or cooling system for a structure without first obtaining a geothermal energy system permit from the Township. No person shall drill or excavate to repair or modify or to facilitate the repair or modification of a geothermal energy system in the Township without first obtaining a zoning permit.
B.
All geothermal energy systems shall be closed systems. No open loop ground-source heat pump systems shall be permitted.
C.
The installation specifications and drawings for the geothermal energy system shall be submitted to and approved by the Township as conforming to the International Ground-Source Heat Pump Association (IGSHPA) installation standards, as the same may be amended and updated from time to time, and currently found in Appendix 1 of the GSHP Manual of the DEP.
D.
Grout shall be mixed, pumped and placed in accordance with the procedures recommended by the International Ground-Source Heat Pump Association (IGSHPA) in its publication entitled "Grouting Procedures for Ground-Source Heat Pump Systems" (available from Ground-Source Heat Pump Publications, Oklahoma University, Stillwater Oklahoma). Acceptable grout materials are as follows:
E.
The vertical geothermal energy well (or wells) installation shall be made only by a Pennsylvania-licensed well driller.
F.
No geothermal energy system shall be located within 100 feet of any existing drinking water wells or any planned drinking water wells.
G.
With respect to each geothermal energy well installation, before activation of the geothermal energy system, the Pennsylvania-licensed well driller and/or geothermal energy installer shall provide the Township:
(1)
Accurate written records and a written geologic log.
(2)
Accurate records with respect to grouting for each such well.
(3)
As-built plans and related documentation for each such system and well location.
(4)
Written documentation of the geothermal energy system testing and certification.
(5)
A written plan for the operation of the geothermal energy system (which meets specifications of the manufacturer of the geothermal energy system equipment and is approved by the system installer) which, among other matters, provides that:
(a)
Any geothermal energy system leaks or releases will be reported by the applicant (and subsequent owners) to the Zoning Officer and the Township Police Department within 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 to promptly repair any system leaks.
(b)
In the event of the proposed discontinuance of the use of the geothermal energy system, a system closure plan will be prepared and submitted to the Township for its approval.
H.
All geothermal energy systems in areas underlain by carbonate bedrock must be vertical loop systems. Outside the carbonate bedrock areas, either vertical or horizontal closed loop geothermal energy system may be used, subject, however, to the review and approval of the plans for the same by the Township.
I.
No geothermal energy system shall be connected in any way to any sanitary or stormwater sewage disposal system.
J.
The piping for geothermal energy systems must be made of polyethylene or polybutylene or a material approved by the Township.
K.
Only water or potassium acetate may be used as the circulating fluid for geothermal energy systems, unless similar inert fluid is approved for use by the Township.
§ 325-213 Outdoor furnace requirements.
A.
Outdoor furnaces and outdoor hydronic heaters that are not Phase 2 outdoor hydronic heaters shall be prohibited.
B.
Phase 2 outdoor hydronic heaters shall be allowed in the rural residential zoning district, provided that they are installed in accordance with the following requirements.