The purpose of this article is to promote and regulate the safe, effective and efficient use of alternative energy sources and to encourage the reduction of on-site consumption of utility supplied energy while protecting the health, safety and welfare of the public and adjacent and surrounding land uses .

   A.   As used in this article, the following electricity and energy terms shall have the meanings indicated:

      ALTERNATING CURRENT (AC) — An electric current whose direction reverses cyclically, as opposed to direct current (DC) , whose direction remains constant. AC is the form of consumer electricity that is delivered to a home or business.

      ALTERNATIVE ENERGY — As used in this chapter, the term “alternative energy” shall include geothermal energy, solar energy , wind energy, and biomass energy sources. Alternative energy sources may at times be referred to as renewable energy sources.

      DIRECT CURRENT (DC) — The constant flow of electric current in one direction. DC electricity always flows in the same direction, which distinguishes it from alternating current (AC) .

      ELECTRIC METER — A device used to measure and record the amount of electricity used or generated.

      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.

      INVERTER — A device that converts direct current (DC) electricity into alternating current (AC) electricity that can be used in a home or building .

      LOAD — The amount of power carried by a utility system or the amount of power consumed by an electric customer at a specific time. Base load is the minimum constant level of electricity required by utility customers; peak load is the amount of electricity required at the time of greatest demand.

      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 and 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 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 pre-determined rate.

      TIME-OF-USE (TOU) METER — An electric meter that measures and records the times when a customer consumes or generates electricity during utility defined on-peak and off- peak periods. This type of meter is used for customers who are on time-of-use rates .

      TIME-OF-USE (TOU) RATES — Electricity prices that vary depending on the time period in which the energy is consumed or produced. In a time-of-use rate structure , higher prices are charged during utility peak-load times. Such rates can provide an incentive for consumers to curb power use during peak times.

      TONNAGE — A measure of cooling power. One ton of cooling power is produced by one ton of ice. One ton of cooling power is equal to 12,000 Btu/hr or 3.51 kW. In the United States, heat pumps and air conditioners are rated on tonnage. A typical U.S. residence of 2,000– 2,400 square feet will require a three to four ton cooling unit.

      WATT — A unit of electric power measurement.

         KILOWATT (kW) — A unit of electric power equal to 1,000 watts , which constitutes the basic unit of electric demand. The watt is a measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).

         KILOWATT—HOUR (kWh) — A unit of electric energy, equivalent to the use of one kilowatt of electricity for one full hour. One kilowatt-hour (kWh) = the amount of electricity required to burn a 100 watt light bulb for 10 hours. Utilities measure customers’ electric energy usage on the basis of kilowatt-hours , and electricity rates are most commonly expressed in cents per kilowatt-hour.

         MEGAWATT (MW) — Unit of electric power equal to 1,000 kW, or 1,000,000 watts .

      WATT-HOUR (Wh) — A unit of energy measurement, equal to one watt of power used for one hour.

   B.   As used in this article, the following geothermal energy terms shall have the meaning indicated:

      GEOTHERMAL BOREHOLE or BOREHOLE — A hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system .

      GEOTHERMAL ENERGY SYSTEM — An alternative energy system serving as a mechanism for heat exchange that uses the Earth’s thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings . The most common form of geothermal energy in Pennsylvania comes from shallow bore heat pumps, which capitalize on the constant temperature within the Earth’s upper crust. A fluid in a system of tubes is used to transfer energy to and from the Earth to provide cooling in the summer and warmth in the winter. Boreholes are drilled and pipes are buried in the ground. Fluid is circulated through the system. In summer, the fluid takes heat from a building and moves it to the Earth. In winter, the fluid absorbs heat from the Earth and transfers it to the building . Geothermal heat pumps come in two basic configurations: closed loop and open loop systems.

      CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM — A mechanism for heat exchange that consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; and 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. This type of geothermal system is usually the most cost effective when trenches are easy to dig and the available land area is adequate. Workers use a backhoe to dig the trenches three to six feet below the ground in which they lay a series of parallel plastic pipes. A typical horizontal loop will require 400–600 feet of tubing per ton of heating and cooling capacity.

      CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM—This type of geothermal mechanism for heat exchange is used where there is little available land area, when surface rocks make digging impractical, or when disruption to the landscape is to be avoided. Vertical boreholes approximately 100 to 450 feet deep are bored into the ground, and a single loop of pipe with a U-bend at the bottom of the borehole is inserted before the borehole is filled. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.

      OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEM — Water is pumped from a water-well or surface water source into a heat exchanger located in a building . The water drawn from the Earth or water body is then pumped back into the ground or discharged to the water body. In the heating mode, cooler water is returned to the Earth or water body, and in the cooling mode, warmer water is returned to the Earth or water body.

      STANDING COLUMN WELL GEOTHERMAL SYSTEM — A standing column well geothermal system is a specialized type of open loop system. It is a groundwater heat pump system that uses groundwater drawn from wells in a semi-open loop arrangement. The ground heat exchanger in such systems consists of a vertical borehole that is filled with groundwater up to the level of the water table. Water is circulated from the well through the heat pump in an open-loop pipe circuit. Water is drawn from the bottom of a deep rock well, passed through a heat pump, and returned to the top of the well, where traveling downwards it exchanges heat with the surrounding bedrock.

   C.   As used in this article, the following solar energy terms shall have the meaning indicated:

      ACTIVE SOLAR ENERGY SYSTEM — Photovoltaic (PV) panels or solar thermal collectors that harness solar energy . Active solar energy systems increase the supply of energy and are considered supply side technologies.

      ALBEDO — The ratio of reflected radiation from a surface to the incident radiation upon the surface (i.e., the reflection coefficient). Albedo is a measure of the reflectivity of a surface and may be used to quantify the amount of solar glare from a solar energy system .

      ARRAY — An assembly of electrically interconnected photovoltaic modules providing a single electrical output.

      ARRAY AREA — The total photovoltaic area of an entire solar field of arrays .

      AZIMUTH — The horizontal angular distance between a vertical plane containing a point in the sky and true south.

      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.

      CONVERSION EFFICIENCY — The amount of the sun’s energy that a solar cell can convert into electricity; the balance is lost as heat or reflected light.

      INSOLATION — The amount of solar energy that shines on a building or area and usually expressed in annual kilowatt-hours per square meter.

      MODULE — An assembly of electrically interconnected PV cells providing a single electrical output. Modules are typically rated between 10 watts and 300 watts .

      ORIENTATION — The direction that the surface of a solar module faces. The two components of orientation are the tilt angle (the angle of inclination a module makes from the horizontal) and the azimuth .

      PASSIVE SOLAR ENERGY SYSTEM — A solar energy collection system that captures light or heat from the sun through use of materials with favorable thermal mass or light dispersing properties. Passive solar energy systems are demand side systems and may be used to heat water, air, other building mass, or to direct sunlight into a building for illumination purposes.

      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 ELECTRIC SYSTEM — Converts sunlight into electricity. Also known as a “photovoltaic system.”

      SOLAR ENERGY — Radiant light and heat from the sun.

      SOLAR ENERGY FACILITY— An alternative energy facility that consists of one or more ground-mounted or free-standing 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 commercial or other off-site use .

      SOLAR ENERGY SYSTEM — An alternative energy system that consists of one or more ground-mounted, free-standing, 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, except that 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. See “ALBEDO ” definition.

      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.

      SOLAR PHOTOVOLTAIC (PV) SYSTEM — Solar energy system that uses a semiconductor to convert sunlight directly into electricity. A solar cell, or photovoltaic (PV) cell, converts sunlight into electric current using the photoelectric effect. A flow of direct current (DC) electricity is produced when sunlight strikes solar cells containing a photovoltaic material. The DC energy produced by the modules is then fed into an inverter that converts DC power into AC power, which in turn is fed into a main electrical panel to power a home or business. A PV solar cell produces a small amount of power. To produce more power, PV cells (about 40) may be interconnected to form PV panels or PV modules . If more power is needed, several PV modules may be installed in a rack to form a PV array .

      SOLAR RELATED EQUIPMENT — Items including a solar photovoltaic cell, panel, module or array , or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and foundations used for or intended to be used for collection and conversion of solar energy .

      SOLAR THERMAL SYSTEM — Uses solar energy to heat a fluid, such as water or an antifreeze solution, or to heat a gas, such as air. Solar thermal systems are most commonly utilized for heating domestic hot water systems, though they are also used for space heating, heating swimming pools, and even space cooling.

      TRACKER OR TRACKING ARRAY — A number of PV modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

   D.   As used in this article, the following wind energy terms shall have the meaning indicated:

      ARCHITECTURALLY INTEGRATED WIND ENERGY SYSTEM — A wind energy system installed directly onto a building rooftop or designed as part of a building itself.

      HUB HEIGHT — The vertical distance measured from the ground at a tower foundation to the height of a wind turbine hub.

      ROOF MOUNTED — A wind energy system installation where the system is mounted on the roof of and totally supported by a building .

      ROTOR DIAMETER — The cross sectional dimension of the circle swept by the rotating blades of a wind turbine .

      SHADOW FLICKER — The on-and-off flickering effect or alternating changes in light intensity caused by moving wind turbine blades casting shadows on the ground and on stationary objects.

      TOWER — The monopole or freestanding structure that supports a wind turbine .

      TURBINE HEIGHT — the vertical distance measured from the ground at the tower foundation to the tip of a wind turbine blade when the blade tip is at its highest point.

      WIND ENERGY FACILITY — An alternative energy facility that consists of one or more wind turbine generators and other associated infrastructure with the primary intention of generating electricity for commercial or other off-site use . The term does not include wind turbines constructed primarily to generate electricity or otherwise convert wind energy for on-site use .

      WIND ENERGY SYSTEM — An alternative energy system that converts wind energy into electricity or other usable forms of energy for on-site use . This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower , transformer, vane, wire, inverter , batteries or other component used in the system. A wind energy system is intended to primarily reduce on-site consumption of purchased power, except that when a parcel on which the system is installed also receives electricity supplied by a utility company, excess electricity generated and not needed for on-site use may be used off-site by a utility company.

      WIND MILL — A wind energy system that uses wind energy to power mechanical equipment such as a water pump. For the purposes of this article, a wind mill shall be considered as a form of wind turbine .

      WIND TURBINE — A wind energy conversion system that converts wind energy into electrical energy (i.e., electricity) or mechanical energy through the use of a wind turbine generator or other mechanism. When the wind spins the wind turbine ’s blades, a rotor captures the kinetic energy of the wind and converts it into rotary motion to drive an electric generator. Wind turbines fall into two general classes depending on how they spin: horizontal axis and vertical axis. Vertical axis machines spin about an axis perpendicular to the ground and are usually ground mounted. Horizontal axis machines spin about an axis parallel to the ground, are usually tower mounted, and are the dominate type of wind turbine .

      WIND TURBINE GENERATOR — The blades and associated mechanical and electrical conversion components used to generate electricity through the conversion of wind energy to electrical energy.

   E.   As used in this article, the following biomass energy terms shall have the meaning indicated:

      BIOMASS — Biological material, including plant matter such as wood, used as an energy source.

      CLEAN WOOD — Natural wood that has been seasoned to reduce its water content and provide more efficient combustion. The term clean wood does not include wood that has been altered as follows:

         (a)   Coated with paint, stain, oil, resin or any other preservative, fire retardant or decorative materials.

         (b)   Impregnated with preservatives or fire retardants.

         (c)   Exposed to salt water.

         (d)   Manufactured with use of adhesives, polymers or resins, such as oriented strand, particle and veneer lumber and recycled lumber.

      OUTDOOR WOOD-FIRED BOILER (HYDRONIC HEATER) — A fuel-burning device; also known as an outdoor hydronic heater, outdoor wood-fired furnace, outdoor wood-burning appliance, or wood-fired boiler; that is used as an alternative energy system. The outdoor wood-fired boiler is a variant of the classic indoor wood stove or boiler. An outdoor wood- fired boiler is designed for installation outdoors to transfer heat to building interiors. It often resembles a small shed with a smokestack on top. An outdoor wood-fired boiler works by heating a water jacket that surrounds the firebox. The heated water is then used to transfer heat to a heating system in a building . An outdoor wood-fired boiler is designed to:

         (a)   Burn clean wood or other fuels specifically tested and listed for use by the manufacturer.

         (b)   Operate outdoors or in structures not normally intended for habitation by humans or domestic animals (e.g., garages).

         (c)   Heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

      PHASE 2 OUTDOOR WOOD—FIRED BOILER (HYDRONIC HEATER) — An outdoor wood-fired boiler that has been certified or qualified by the U.S. Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units (BTU) output.

      STACK — A vertical structure enclosing a flue(s) to carry off smoke or exhaust from a furnace or other fuel-burning device such as a wood-fired boiler.

   A.   Alternative energy systems as described in this article are permitted in all 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 specified zoning districts as a principal 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 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 .

Geothermal 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)   All parts of a geothermal energy system , including subsurface pads, shall comply with all required setbacks applicable to accessory uses in the zoning district in which the system is located.

      (2)   Above-ground equipment associated with geothermal energy systems are prohibited in front yards and along any street frontage.

      (3)   Geothermal energy systems shall not encroach upon any ultimate right-of-way or easement including, but not limited to, water, stormwater, sanitary sewer , natural gas, telephone, and electrical easements.

      (4)   Geothermal energy systems shall be set back at least 15 feet from stormwater management facilities.

      (5)   Geothermal energy systemboreholes and wells shall comply with applicable Federal, State, and local laws and regulations with respect to setbacks and isolation distances.

   B.   Design and installation requirements.

      (1)   Only the following types of geothermal energy systems shall be permitted:

         (a)   Closed horizontal loop .

         (b)   Closed vertical loop .

      (2)   Open loop geothermal energy systems are prohibited with the exception of standing column well geothermal systems in which water is circulated from and back to the same borehole , in which case such open loop geothermal energy system may be permitted with conditional use approval in all zoning districts subject to demonstration by the applicant for conditional use approval that the proposed site for the standing column well geothermal system has the requisite geological and groundwater properties for the proper functioning of the system.

      (3)   The design and installation of geothermal energy systems and related wells, boreholes and trenches shall conform to applicable Federal, State, and local laws and regulations, and 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), and other similar certifying organizations.

      (4)   For all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

      (5)   All horizontal closed loop systems shall be no more than 20 feet deep.

      (6)   Geothermal energy systems shall be designed and constructed to provide an effective watertight seal with the borehole casing to prevent contamination from reaching groundwater sources. Boreholes must be grouted from bottom to top with cement, bentonite, or other appropriate material to prevent surface communication with groundwater.

      (7)   Geothermal energy systems shall be installed in compliance with all applicable Federal, State, and local construction and earth disturbance codes and regulations, including regulations with respect to boreholes , wells, and stormwater management.

   C.   Operation and performance standards .

      (1)   Geothermal energy systems shall be operated in compliance with all Federal, State, and local laws and regulations.

   D.   Decommissioning requirements.

      (1)   If a geothermal energy system remains unserviceable for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove or seal 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, piping, coils, and other components shall be removed.

         (b)   Underground pipes or coils should be removed and the resulting void space filled, or if abandoned in place, underground pipes and coils shall be filled with grout to displace the heat transfer fluid. The top of any pipe, coil or boring shall be uncovered and grouted.

         (c)   Heat transfer fluid shall be captured and disposed of in accordance with applicable regulations.

      (2)   When a geothermal energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.

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 in front yards , along any street frontage, and within any required setback.

         (b)   Solar energy system 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 systems must meet the applicable accessory use setbacks for the zoning district in which the system is located.

         (d)   A ground mounted or freestanding solar energy panel or array may not extend into the applicable side-yard or rear-yard setback when oriented at minimum design tilt.

         (e)   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 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 systems shall not exceed the applicable maximum accessory structure height in the zoning district in which the solar energy system is located.

      (3)   Lot 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 , and solar hot air or water collector devices, shall be considered building area . For a tracking array or other moveable system, the horizontal projection area shall be calculated at a 33 degree tilt angle.

   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), the National Fire Protection Association (NFPA) 70, and any 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.

      (6)   All solar panels shall be mounted in accordance with the listed installation instructions of the system.

      (7)   Non-habitable structures. Non-habitable structures are not subject to the roof access, pathway, and smoke ventilation requirements of this section. Non-habitable structures include, but are not limited to accessory detached garages, barns, and sheds.

      (8)   Solar panels that are part of a building mounted solar energy system are exempt from visual screening requirements specified by the Code of the Township of Upper Dublin outside of this Chapter, but the solar panels shall be positioned to prevent solar glare upon neighboring properties. [Amended 3-23-21 by Ord. No. 21-1367, § 1].

   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 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. Manufacturers 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 unserviceable for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance, with the exception of BIPV systems . 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.

Wind energy systems are permitted as an accessory use with conditional use approval in all zoning districts subject to the following specific criteria:

   A.   Lot , yard and bulk requirements.

      (1)   Setback restrictions.

         (a)   Wind energy system components are prohibited in front yards , along any street frontage, and within any required setback.

         (b)   Wind energy system 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)   Wind turbinetowers shall be located a minimum distance of one and one tenth times the turbine height from any property line, parking lot, streetright-of-way , or overhead utility line, to minimize potential harm if the tower should fall.

         (d)   Wind energy system components shall not extend over parking areas, access drives, driveways or sidewalks.

         (e)   Wind energy system components shall not encroach upon any stormwater management facility.

      (2)   Height restrictions.

         (a)   The minimum height of the lowest position of a wind turbine blade or other moving part shall be 15 feet above the ground.

         (b)   Building mounted wind energy systems 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 wind 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 wind energy system is located.

         (c)   Tower -mounted wind turbine height shall be limited as follows:

 

   B.   Design and installation requirements.

      (1)   Wind 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 all wind energy systems shall conform to applicable industry standards, including 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), and other similar certifying organizations.

      (3)   When an accessory structure is necessary for storage cells or related wind energy system equipment, the accessory structure shall comply with the accessory structure requirements specified within the underlying zoning district.

      (4)   All signs , other than the manufacturer’s or installer’s identification, appropriate warning signs , or owner identification on a wind turbine or structure associated with a wind energy system , shall be prohibited.

      (5)   No illumination of a wind turbine or tower shall be allowed unless required by the Federal Aviation Administration.

      (6)   Any climbing foot pegs or ladder rungs below twelve feet on a wind turbinetower shall be secured to prevent unauthorized climbing.

      (7)   All on-site utility and transmission lines shall be placed underground.

      (8)   Wind turbines and towers shall be a non-obtrusive color such as white, off-white or gray.

      (9)   All wind energy systems shall be equipped with an appropriate braking system. This includes both overspeed controls and mechanical brakes. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

      (10)   A clearly visible warning sign concerning voltage must be placed on all electrical equipment.

      (11)   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of all tower guy wires and along all tower guy wires up to a height of ten feet from the ground.

      (12)   The location of a wind turbine shall be clear of and shall not interfere with any existing, trees, structures , wires and the like.

      (13)   A wind turbine generator or other wind energy system component that is part of a building mounted wind energy system is exempt from visual screening requirements specified by the Code of the Township of Upper Dublin outside of this article.

   C.   Operation and performance standards .

      (1)   Wind energy systems shall not interfere with any broadcast, radio, wireless or other telecommunication signals or facilities.

      (2)   Wind energy systems shall not generate noise that exceeds 55 decibels nor 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured at the property line. The ambient sound measurement, known as “A-weighted sound level” is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The 55 decibel or 10 decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.

      (3)   Wind energy systems shall not produce shadow flicker on any occupied building not on the lot where the wind energy system is located.

      (4)   All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons .

   D.   Decommissioning requirements.

      (1)   If a wind energy system remains unserviceable for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute 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 wind energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.

An outdoor wood-fired boiler shall be permitted as an accessory use in all zoning districts subject to the following provisions:

   A.   Lot , yard and bulk requirements.

      (1)   Minimum lot size. Outdoor wood-fired boilers are prohibited on lots , units or parcels of land with an area less than two acres.

      (2)   Setback restrictions.

         (a)   Outdoor wood-fired boilers and associated fuel storage are prohibited in front and side yards , along any street frontage, and within any required setback.

         (b)   Outdoor wood-fired boilers must be set back at least 150 feet from any lot lines and 500 feet from the nearest occupied building not on the lot where the boiler is located.

         (c)   Outdoor wood-fired boilers and associated fuel storage 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.

         (d)   Outdoor wood-fired boilers and associated fuel storage shall not encroach upon any stormwater management facility.

   B.   Design and installation requirements.

      (1)   Only Phase 2 outdoor wood-fired boilers are permitted to be installed.

      (2)   Outdoor wood-fired boilers must be equipped with a properly functioning spark arrestor and must have a minimum stack height the taller of 10 feet above the ground or two feet above the highest point of any building located less than 150 feet from the outdoor wood-fired boiler .

      (3)   All piping and electrical connections between an outdoor wood-fired boiler and a serviced building shall be buried underground.

      (4)   Outdoor wood-fired boilers shall be installed in compliance with all applicable building and construction codes, including regulations with respect to stormwater management and impervious cover.

   C.   Operation and performance standards .

      (1)   Only clean wood or wood pellets made from clean wood may be used as a fuel or burned in new and existing outdoor wood-fired boilers .

      (2)   Outdoor wood-fired boilers installed after the effective date of this article may not be used or operated between the dates of May 1 and September 30.

      (3)   Outdoor wood-fired boilers shall be used and operated in compliance with all Federal, State, and local laws and regulations.

      (4)   Fuel shall be stored so as not to create a fire, pest, or safety hazard, or otherwise create a nuisance.

   D.   Decommissioning requirements.

      (1)   If an outdoor wood-fired boiler remains unserviceable for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute 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 an outdoor wood-fired boiler is removed, any disturbed earth as a result of the removal of the unit shall be restored, graded and reseeded.

Solar energy facilities are permitted as a principal use in the EC Employment Center District. The regulations, requirements and restrictions set forth in this article shall apply to solar energy facilities in addition to those regulations, requirements and restrictions of the EC Employment Center District.

   A.   Lot , yard and bulk requirements.

      (1)   Setback restrictions.

         (a)   Solar energy facility components shall not be located within any required 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)   Solar energy facilities shall be subject to the maximum height regulation specified within the zoning district.

      (3)   Lot coverage.

         (a)   For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all solar energy facility ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays , and solar hot air or water collector devices, shall be considered building area . For a tracking array or other moveable system, the horizontal projection area shall be calculated at a 33 degree tilt angle.

   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, stormwater management and impervious cover.

      (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 be placed in a 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 eight-foot high fence with a self- locking gate.

   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 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 facilityprincipal use subject to the lot size requirements for livestock specified in this chapter.

   D.   Decommissioning requirements.

      (1)   If a solar energy facility remains unserviceable for a continuous period of two years, 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.

Wind energy facilities are permitted as a principal use in the EC Employment Center District. The regulations, requirements, and restrictions set forth in this article shall apply to wind energy facilities in addition to those regulations, requirements and restrictions of the EC Employment Center District.

   A.   Lot , yard and bulk requirements.

      (1)   Setback restrictions.

         (a)   Wind energy facility components shall not be located within any required setback.

         (b)   Wind 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)   A wind turbinetower shall be located a minimum distance of one and one tenth times the turbine height from any building not located on the lot on which the wind energy facility is proposed, property line, parking lot, streetright-of-way , or overhead utility line, to minimize potential harm if a tower should fall.

         (d)   Wind energy facility components shall not extend over parking areas, access drives, driveways or sidewalks.

         (e)   Wind energy facility components shall not encroach upon any stormwater management facility.

      (2)   Height restrictions.

         (a)   The minimum height of the lowest position of a wind turbine blade or other moving part shall be 15 feet above the ground.

         (b)   Wind turbine height shall be limited as follows:

 

   B.   Design and installation requirements.

      (1)   Wind energy facilities shall be constructed 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 all wind energy facilities shall conform to applicable industry standards, including 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), and other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements.

      (3)   When an accessory structure is necessary for storage cells or related wind energy facilities equipment, the accessory structure shall comply with the accessory structure requirements specified within the zoning district.

      (4)   All signs , other than the manufacturer’s or installer’s identification, appropriate warning signs , or owner identification on a wind turbine or structure associated with a wind energy facility , are prohibited.

      (5)   No illumination of a wind turbine or tower shall be allowed unless required by the Federal Aviation Administration.

      (6)   All on-site utility and transmission lines shall be placed underground.

      (7)   Wind turbines and towers shall be a non-obtrusive color such as white, off-white or gray.

      (8)   A clearly visible warning sign concerning voltage must be placed on all electrical equipment.

      (9)   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of all tower guy wires and along the tower guy wires up to a height of 10 feet from the ground.

      (10)   The location of a wind turbine shall be clear of and shall not interfere with any existing, trees, structures , wires and the like.

      (11)   Wind energy facilities components shall not be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described by Federal Aviation Administration.

      (12)   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. Manual regulation by wind energy facility personnel shall not be considered a sufficient braking system for overspeed protection.

      (13)   All mechanical equipment of wind energy facilities including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate. Wind turbine climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbine climbing apparatus shall be fully contained and locked within the towerstructure .

   C.   Operation and performance standards .

      (1)   Wind energy facilities shall not interfere with any broadcast, radio, wireless or other telecommunication signals or facilities.

      (2)   Wind energy facilities shall not generate noise that exceeds 55 decibels nor 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured at the property line. The ambient sound measurement, known as “A-weighted sound level” is taken where the noise from a wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The 55 decibel or 10 decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.

      (3)   Wind energy facilities shall not produce shadow flicker on any occupied building not on the lot where the wind energy facility is located.

      (4)   All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons .

   D.   Decommissioning requirements.

      (1)   If a wind energy facility remains unserviceable for a continuous period of two years, 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 wind energy facility is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.