§ 85-809. Permitted geothermal systems and locations.

A. 

Geothermal energy systems shall be constructed pursuant to a building permit so long as the geothermal energy system meets the criteria set forth in § 85-810, subject to obtaining all other necessary approvals.

B. 

Permitted geothermal systems eligible to receive a building permit are those that (1) are of a system listed in § 85-808A, (2) comply with the applicable general requirements in § 85-810 and (3) satisfy the following basic criteria:

(1) 

An open loop system using standard water well(s) to both extract and return groundwater from/to the same aquifer and with well screens set within 50 vertical feet of one another.

(2) 

An open loop system that is not connected to a potable water system.

(3) 

An open loop system where the depth to groundwater is at least 20 feet below the surface.

(4) 

A vertical closed loop system using standard HDPE "U-bends" installed into drilled boreholes and grouted fully from bottom to top per industry standards.

(5) 

A horizontal closed loop system using standard HDPE pipe installed into horizontal trenches and backfilled per industry standards.

(6) 

A DX-to-earth contact system including either horizontal, diagonal or vertical loops and DX-to-water system including vertical loops.

(7) 

Is not proposed to be located within the following areas of potential sensitivity:

(a) 

One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA flood maps.

(b) 

Tidal or freshwater wetland or within 100 feet landward of the aforementioned.

(c) 

Regulated tidal or freshwater surface water body.

(d) 

Coastal erosion hazard areas.

(e) 

Historic and/or culturally significant resources, in an historic district, or historic district transition zone.

(f) 

Within identified wellhead protection areas.

C. 

Other geothermal systems that are not eligible for a building permit under the requirements of Subsection B(2), including those within areas of potential sensivity, listed in Subsection B(7) of this section, may be allowed if a special permit is granted by the Town Board, subject to the criteria set forth in Article VI, § 85-68, and contingent on obtaining such required permits or approvals from other regulatory agencies, such as the New York State Department of Environmental Protection Agency (USEPA).

Amended 5-21-2015 by L.L. No. 10-2015, effective 6-2-2015