PUBLIC NOTICE OF INTENT TO ADOPT PROPOSED
AMENDMENT TO THE BOROUGH OF EDINBORO ZONING ORDINANCE
The Home Rule Borough of Edinboro hereby gives notice of its intent to adopt Ordinances amending the Home Rule Borough of Edinboro Zoning Ordinance on November 9, 2009 at 6:30 p.m. at a regular meeting of the Home Rule Borough of Edinboro. Said public meeting is to be held at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA 16412. This Notice contains the title and summary of the proposed ordinances amending the Zoning Ordinance. A complete copy of the said proposed Ordinance No. 572 and 573 may be examined without charge at the Borough of Edinboro Municipal Office during regular business hours from 8:00 a.m. to 4:30 p.m. Monday through Friday and a copy thereof may be obtained at the Borough Building for a standard charge for copying of 25 cents per page.
The proposed Ordinance 572 is entitled, “Home Rule Borough of Edinboro Ordinance No. 572” and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 4, “Solar Energy Systems”. Said Ordinance regulates the location and use of solar energy systems and associated equipment. Said ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, easements, and inactive solar equipment requirements.
The proposed Ordinance 573 is entitled, “Home Rule Borough of Edinboro Ordinance No. 573”, and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 5, “Wind Turbines”. Said Ordinance regulates the use and location of wind turbine electrical generating systems. The Ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, and non operating wind turbines and equipment requirements.
The Home Rule Borough of Edinboro intends to discuss the above Ordinances at
its regular council meetings on September 28, October 12, and November 9, 2009 commencing at 6:30 p.m.
The public is invited to attend and participate in said Public meetings.
Publish Edinboro News 4X: Sept. 24, Oct 1; Oct 8; Oct 15, 2009
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 572
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4, “SOLAR ENERGY SYSTEMS”. AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF SOLAR ENERGY SYSTEMS AND ASSOCIATED EQUIPMENT.
WHEREAS, the Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted zoning ordinances 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the needs of Borough residents to utilize alternate forms of electrical energy; and
WHEREAS, the Home Rule Borough of Edinboro realizes tax incentives and other programs have been implemented at the state and federal level to assist homeowners with the purchase and installation of solar energy equipment, and
WHEREAS, the Home Rule Borough of Edinboro wishes to balance a property owners right to utilize solar energy equipment with the interests of the community in regards to aesthetics and convenience; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: SOLAR ENERGY SYSTEMS
Amendment to Home Rule Borough of Edinboro Zoning Ordinance 457, Article 4 , Section 417 ( new) ; Solar Energy Systems also known as an amendment to Chapter 27 of the Code of the Borough of Edinboro as Part 4 Section 417“SOLAR ENERGY SYSTEMS:.
417.1 Definitions:
The following definitions shall be used in reference to the provisions of this
section:
Solar Energy: Radiant energy whether direct, diffused or reflected that is
received from the sun.
Solar Energy System: 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 electrical generation.
Orientation: The placement and installation of solar collectors in a
manner and position that provides the greatest efficiency in the collection of
solar energy. This is determined and calculated by solar location during
specific time of the calendar year.
417.2 Classifications:
A] Solar energy systems utilized for private and on site purposes are an
accessory to the primary land use. They shall provide electrical power only
to structures on subject property.
B] Solar energy systems which are the primary land use and utilized to
provide electrical power to customers that are off site shall be deemed as a
Public Utility Substation as defined and regulated as such in the Zoning
Ordinance.
417.3 Applicability
A] The provisions of this section shall apply to Solar Energy Systems
installed and constructed after the effective date of amendment.
B] Solar Energy Systems installed prior to the effective date shall be
permitted to remain provided they do not constitute a hazard to neighboring
properties or the borough as a whole.
C] Any upgrade, modification or structural change that affects the size or
placement of the Solar Energy System shall comply with the requirements
of this ordinance.
417.4 Design and Installation
A] The Solar Energy System shall comply with applicable provisions of the
Pennsylvania Uniform Construction Act 45 of 1999 and regulations adopted
by the Department of Labor and Industry.
B] The installation shall conform to recognized industry standards and
oriented in a manner that provides optimal performance.
417.5 Height Limitations and Setbacks
A] Solar energy systems and associated equipment shall not be located in
front yard areas
B] Ground mounted solar energy systems must comply with all height limits
and setback requirements for utility structures in which zoning district it is
located.
C] Roof mounted systems shall conform to height requirements previously
established in this ordinance.
417.6 Easements
The provisions of this section shall not imply nor require the application of solar easements among neighboring properties. Compliance with specific provisions of this section shall not be interpreted to require removal or trimming of trees or other obstructions from neighboring properties. Any solar easement that is established shall be independent of this ordinance. Easements shall be legally documented and the responsibility of current and future property owners.
FPN: Persons should review all relevant factors when considering solar energy systems for private use. Certain conditions including topography, position of dwelling and obstructions such as trees and structures both on site and neighboring , could render the property unsuitable for the installation of solar equipment.
417.7 Inactive Solar Equipment
Any solar equipment installation that is out of service for more than 30 days shall be deemed as non-generating. Such system installations shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
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HOME RULE BOROUGH OF EDINBORO
Ordinance No. 573
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4 Section 418, “WIND TURBINES” AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF WIND TURBINE ELECTRICAL GENERATING SYSTEMS.
WHEREAS, The Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted Ordinance 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the use of wind turbines as electrical generating systems may have some practical application within certain parameters; and
WHEREAS, Borough residents are seeking alternate forms of electrical power including green energy for their everyday use; and
WHEREAS, The Borough Council wishes to balance a property owners’ right to utilize alternate energy sources, including wind energy with the interests of the community in regards to aesthetics and reasonable use and enjoyment of property; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: Part 4, Section 418 (new) Wind Turbines
418.1 Definitions
The following definitions shall be used in reference to the provisions of this section:
Wind Turbine a mechanical device that converts wind energy into electricity
through the use of a wind turbine generator and includes the nacelle, rotor, tower
and transformer
Wind Turbine Facility a single turbine or group of wind turbines constructed
on land in which the primary use is the generation of electricity for commercial
and residential distribution purposes. This is also known as a windmill farm.
Turbine Height the distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane
Small Wind Turbine a wind turbine that produces from 1 to 100 kWh of
electricity which is designed and installed to serve a principal and or accessory
structure located on the same parcel.
418.2 Classifications
A] Small wind turbines utilized for private and on site purposes shall be an accessory structure/ use to the primary land use. They shall provide electrical power only to structures on subject property
B] Wind turbine facilities which are the primary land use and utilized to provide electrical power to customers that are off site shall be deemed a Public Utility Substation as defined and regulated as such in the Zoning Ordinance.
418.3 Applicability
A] The provisions of this section shall apply to wind turbines and facilities installed and constructed after the effective date of this ordinance.
B] Any upgrade, modification or structural changes shall comply with the requirements of this ordinance or any subsequent amendments
418.4 Design and Installation
A] Wind turbines and equipment shall comply with applicable provisions of the Pennsylvania Uniform Construction Code and regulations adopted by the Department of Labor and Industry. Surplus power that is generated and connected to utility company grid must comply with applicable standards of the utility provider.
B] The installation shall conform to recognized standards of the wind turbine industry
C] The wind turbine operation shall not interfere with radio/ television transmitting or receiving frequencies
D] The wind turbine shall not create a noise level greater than 50dB and shall not create an audible nuisance to neighboring properties
FPN: According to US Dept of Energy National Renewable Energy Laboratory Wind Resource Map, the Edinboro area is not a region of sustainable winds. Persons should review all relevant factors when considering the feasibility of wind energy for private use. Certain conditions such as topography, height limitations and lack of sustained winds greatly limit a wind turbines generating capacity.
418.5 Height Limitations and Setbacks
A] Turbine height is defined in Section 418.1 and is limited to the height established for the applicable zoning district
B] Setbacks for small wind turbines shall be that of utility structures located in the same zoning district
C] Wind turbine facilities shall be regulated as a Conditional Use and subject to the application process required by this ordinance.
418.6 Non operating wind turbines and equipment
Wind turbines that are non-operational for a period of more than 30 days are deemed as non generating and shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
PUBLIC NOTICE OF PUBLIC HEARING
CONCERNING PROPOSED AMENDMENTS TO
THE HOME RULE BOROUGH OF EDINBORO ZONING ORDINANCE
The Home Rule Borough of Edinboro hereby gives notice that a public hearing will be conducted concerning proposed amendments to the Home Rule Borough of Edinboro Zoning Ordinance on October 12, 2009 at 6:30 p.m. during the regularly scheduled Council meeting at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA. This Notice contains the title and summary of the proposed ordinances amending the Zoning Ordinance. A complete copy of the said proposed Ordinances No. 572 and 573 may be viewed at the Home Rule Borough of Edinboro Municipal Office during regular business hours from 8:00 a.m. to 4:30 p.m. Monday through Friday and a copy thereof may be obtained at the Home Rule Borough Building for a standard charge for copying of 25 cents per page.
The proposed Ordinance 572 is entitled, “Home Rule Borough of Edinboro Ordinance No. 572” and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 4, “Solar Energy Systems”. Said Ordinance regulates the location and use of solar energy systems and associated equipment. Said Ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, easements, and inactive solar equipment requirements.
The proposed Ordinance 573 is entitled, “Home Rule Borough of Edinboro Ordinance No. 573”, and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 5, “Wind Turbines”. Said Ordinance regulates the use and location of wind turbines electrical generating systems. The Ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, and non operating wind turbines and equipment requirements.
The public is invited to attend and participate in said Public Hearing.
Published: 1X Edinboro News, September 24, 2009