§ 27-608. Miscellaneous Provisions.


Latest version.
  • 1. 
    Satellite Earth Stations or Dish Antennas.
    A. 
    Satellite earth stations or dish antennas shall be permitted in all districts with the provision that the installation meets the following requirements:
    (1) 
    Only one antenna per lot.
    (2) 
    No installation in front yards.
    (3) 
    The installation shall meet all side and rear setback requirements.
    (4) 
    The installation shall be suitably screened to prevent view from surrounding properties and under any conditions shall not be visible from a public right-of-way.
    (5) 
    The owner of the property shall remove, or facilitate the removal, of the satellite earth station or dish antenna within 30 days of any discontinuance of service to the device.
    (6) 
    The owner of the property shall remove, or facilitate the removal, of the satellite earth station or dish antenna from the property prior to the sale of the property to a new owner and also prior to entering into a lease agreement with a new tenant.
    2. 
    Solar Energy Systems.
    A. 
    Definitions. Various terms used in this section are defined in Part 2, Definitions.
    B. 
    Solar energy systems shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s), and this applies to solar energy systems to be installed and constructed for residential or commercial use.
    C. 
    Solar energy systems that are the primary use of a lot may be governed by additional regulations as set forth in the Uniform Construction Code, other sections of the Zoning Ordinance or Subdivision and Land Development Ordinance.
    D. 
    Applicability.
    (1) 
    These provisions shall apply to solar energy systems to be installed and constructed after the effective date of this chapter and all applications for solar energy systems on existing structures or property.
    (2) 
    Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.
    (3) 
    Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this chapter.
    E. 
    Design and Installation.
    (1) 
    To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.
    (2) 
    The design of the solar energy system shall conform to applicable industry standards.
    F. 
    Setbacks and Height Restrictions.
    (1) 
    A solar energy system may be installed as long as it meets the requirements of this chapter with respect to setback and height restrictions in the subject zoning district and all other applicable construction codes. A roof-mounted solar energy system shall conform to the height regulations of the zoning district where the solar energy system is installed.
    G. 
    Ground-Mounted Solar Energy System.
    (1) 
    A ground-mounted solar energy system must comply with all setback and height requirements for the zoning district where the solar energy system is to be installed.
    (2) 
    All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.
    (3) 
    A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning district where the ground-mounted solar energy system is located.
    3. 
    Wind Energy Facilities and Wind Turbines.
    A. 
    Definitions. Various terms used in this section are defined in Part 2, Definitions.
    B. 
    A wind energy facility shall be considered a conditional use allowed in all zoning districts in the Borough, subject to those standard requirements set forth in the conditional use section of this chapter and the following additional provisions set forth in this section of this chapter.
    C. 
    Design and Installation.
    (1) 
    To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.
    (2) 
    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 Llloyd Wind Energies, or other similar certifying organizations.
    (3) 
    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.
    (4) 
    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.
    D. 
    Visual Appearance; Power Lines.
    (1) 
    Wind turbines shall be a nonobtrusive color, such as white, off-white or gray.
    (2) 
    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.
    (3) 
    Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.
    (4) 
    On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
    E. 
    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.
    F. 
    Climb Prevention/Locks.
    (1) 
    Wind turbines shall not be climbable up to 15 feet above the ground surface.
    (2) 
    All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
    G. 
    Setbacks.
    (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 hub 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.
    H. 
    Local Emergency Management Services.
    (1) 
    The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
    (2) 
    Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
    I. 
    Noise and Shadow Flicker.
    (1) 
    Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier." The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.
    (2) 
    The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.
    J. 
    Decommissioning.
    (1) 
    The facility owner and operator shall, at their expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.
    (2) 
    Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities and shall be the responsibility of the property owner if the facility owner and operator does not decommission the facility in the time period allotted.
Ord. 2227, 12-10-2013; as amended by Ord. 2235, 7/8/2014