Birmingham passes alternative energy ordinance

Birmingham Township became the
second local municipality in two weeks to consider an ordinance regarding
alternative energy generation.

While Concord Township
continued its hearing to March, Birmingham supervisors passed an ordinance
allowing for solar panels and wind turbines during a hearing just prior to
their Feb. 7 meeting.

Ordinance 1101 also amends the
township sign laws with regard to temporary signs.

The alternative energy system
regulation allows residents to use geothermal systems by right, but requires
special exception from the Zoning Hearing Board for solar or wind energy
systems. Such facilities are classified as accessory structures designed to
produce electrical energy for on-site use only.

“… [I]n no event shall an
energy system generate more energy for sale than the amount which is otherwise
necessary to satisfy the need for electricity for the principal use of the
property to which the facility is accessory,” the ordinance reads.

As with the ordinance
considered in Concord, commercial energy generation is prohibited.

“Wind or solar energy systems
as principal uses are not permitted,” the ordinance says because such uses “are
incompatible with the status of the township as predominantly residential and
agricultural.”

The measure passed 2-0.
Supervisor Bill Kirkpatrick was absent.

Supervisors’ Chairman John
Conklin said after the hearing that he and other supervisors had heard that
other municipalities were dealing with gaps in ordinances regarding new
technology.

“Solar panels were popping up
and wind turbines and people had all kinds of concerns about how it affects the
neighbors, but there wasn’t any ordinance,” Conklin said. “There were some
fears spreading around. Various people were imagining or interpreting that
what’s happening in some other places could happen here.”

He said specific concerns
centered on potential noise and on the appearance of the systems.

Other business

During the regular meeting,
supervisors voted to withdraw Birmingham from the Brandywine Valley Scenic
Byway Commission for this year.

Close to a dozen commission
members from several Southern Chester County townships, including current
members from Birmingham, spoke to the supervisors asking them to continue
participation by the township.

They had addressed the board in
January and also made their plea to the Recreation, Parks and Open Space
Committee and the Planning Commission. The Planning Commission recommended 5-1
to withdraw, Conklin said.

Conklin, who had previously
served on the byway commission, said the group has good intentions, but has
shown no value to Birmingham Township.

Fellow Supervisor Al Bush
agreed saying, “Nothing has happened during the time Birmingham has been
involved.”

Conklin said the board would
reconsider next year.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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