Planning Commission
Tuesday, January 05 2010
Members Present
Theodore Hauptman
Dr. Arthur Friedman
Steven B. Long
Edward Ingle
Keith Garverich
Evan J. Stone
Excused
James E. Kinney
Others Present
J. Jerome Skrincosky, Township Planner
Michael Solomon, Director of Zoning and Planning
Work Session
A work session was held at 7 PM to discuss the proposed
ordinance regarding emerging and alternative energy facilities.Specifically, there was discussion raised by the Bucks
County Planning Commission in their December 2nd correspondence.It was decided that these issues would be
discussed at the televised meeting at 7:30 PM.
Public Meeting
Chairman Hauptman called the public meeting to order at 7:32 PM
and led the Pledge of Allegiance. There was a moment of silence for those serving in our armed forces.Chairman
Hauptman wished a Happy Birthday to Mr. Kinney who is unavailable for tonight's meeting.
Minutes
A motion (Stone/Friedman) was made to approve the minutes of the
public meeting of November 24, 2009 (6-0).A motion (Friedman/Ingle) was made to approve the minutes of the public
meeting of December 1, 2009 (6-0).
Proposed Ordinance - Alternative and Emerging Energy
Facilities
Mr. Skrincosky gave an overview of the proposed ordinance which
provides specifications, dimensional requirements, and permitting provisions for alternative and emerging energy
facilities such as geothermal, wind, and solar.
Chairman Hauptman stated that the purpose of tonight's meeting
is to review comments raised by the Bucks County Planning Commission in their December 2, 2009 correspondence.Dr.
Friedman stated that it is good that the Township is being proactive on this matter.He further stated that he wants
these types of alternative energy facilities to be built without being too onerous on property owners, but still
protecting neighbors from adverse impacts.
Dr. Friedman stated that the freestanding solar panels were not
originally envisioned in light of a recent newspaper article.Chairman Hauptman stated that it's impossible to predict
how new technology will evolve.Mr. Stone concurred and advised that the Township should still try to maintain
safeguards to address these concerns.
Mr. Skrincosky stated that the approval for these structures can
be through the building permit or special exception process.Mr. Garverich stated that he has more concerns with
respect to windmills than other structures.Mr. Skrincosky stated that the County Planning Commission recommended a
separation requirement between windmills.Mr. Stone stated that emerging technology will have an impact on these
structures.
Chairman Hauptman asked if every application should go before
the Zoning Hearing Board as part of the special exception process.Mr. Stone inquired if there is a way to separate
requirements into both the zoning and subdivision and land development ordinances.Mr. Skrincosky advised that it
wouldn't fit into the subdivision and land development ordinance since most applications will not involve subdivision
or land development.
Dr. Friedman stated that structures, such as windmills, should
have criteria similar to cell towers, which often include collapse zones.Mr. Garverich advised that there should be
more control over freestanding structures.In response to the issue raised by the Bucks County Planning Commission, it
was recommended that the Township Solicitor review whether the Township can limit energy generation in the ordinance
or if this is a matter that should be left to the Pennsylvania Public Utility Commission.
Mr. Skrincosky advised that he felt the current draft of the
ordinance has enough criteria that these applications can be handled by a building permit thereby not requiring a
special exception.After some discussion, it was recommended that the ordinance state that these structures cannot be
placed in the front yard.
With respect to the Bucks County Planning Commission review
letter, it was recommended that the definition of geothermal system be added to limit these systems to heating and
cooling applications.As for emerging energy facility, Chairman Hauptman asked if it should be deleted as recommended
by the County.It was the consensus of the Planning Commission that the language in the current draft of the ordinance
should remain since it can be amended later.
Related to surplus energy, it was recommended that the Solicitor
review the ordinance provisions with respect to limiting energy generation or if this matter is the responsibility of
the Pennsylvania Public Utility Commission.
Dimensional criteria were discussed at this point.Mr. Garverich
raised concern with the distances between windmills.Mr. Stone had concerns about measuring to the tip of the blade
with respect to windmills.He raised concerns about different technologies and how our criteria would impact
them.
There was discussion about prohibiting these structures in the
front yards of properties.Chairman Hauptman recommended that the ordinance should contain this language so that there
is no ambiguity.Mr. Long raised the issue that it depends on the zoning district.Mr. Stone stated that an applicant
can always apply for a variance if they have unique circumstances.
Mr. Skrincosky brought up the issue of height.There was
discussion about 150 feet for windmills and it was the consensus that this was too high.Chairman Hauptman asked if
the height should be amended.Mr. Stone stated that the height should remain at 50 feet and that a variance can be
sought if there are special circumstances.
Chairman Hauptman asked about the need for a wildlife protection
study as recommended by the County.It was the consensus of the Commission that this doesn't make sense and is overly
onerous to property owners.Mr. Skrincosky stated that the accessory/utility use comment raised by the County is no
longer applicable since the special exception provision has been removed.Mr. Stone stated the definition should be
clear with respect to accessory/utility use.It was recommended that the Solicitor review if private energy and
utility providers can be permitted only in a certain district in the Township, which is proposed under the current
draft.
Mr. Long advised if the issue of freestanding structures has
been addressed.Mr. Skrincosky advised that is it defined as an accessory structure.With respect to impervious
surface, Mr. Stone felt that these structures should be included in the overall calculation for the property.As for
height, Dr. Friedman felt that 15 feet is appropriate.
Chairman Hauptman stated that it was the consensus for the
changes to be made by Mr. Skrincosky and then forwarded to the Bucks County Planning Commission for review.When those
comments are received, it can be placed on a future agenda for discussion.
Other Business
Chairman Hauptman stated that the Dreher Group will be holding
an Open House at the Township Library on Saturday, January 9th from 11-2 to discuss their proposed
plans.Mr. Ingle will attend on behalf of the Commission and report back at the next meeting.
There being no further business, the meeting was adjourned at
8:19 PM.
Respectfully Submitted:
Michael T. Solomon
Director of Planning and Zoning
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