The floodplain districts (including floodway and flood-fringe areas), as established by Robinson Township Floodplain District Ordinance (Ordinance No. 1-1982, and any subsequent amendments or revisions thereto) (Chapter
140 of the Code), shall be an overlay to the underlying zoning districts shown on the Official Zoning Maps. The provisions for a floodplain district shall supplement the underlying district provisions contained in this chapter. No zoning approval permit, building permit or certificate of occupancy shall be issued to any use or structure unless the required floodplain building permit has been obtained.
Any property in Robinson Township which is located within the
area designated on the Greater Pittsburgh International Airport Notice
of Construction or Alteration Map is thereby subject to the regulations
promulgated by Allegheny County regarding said construction. The Greater
Pittsburgh International Airport Zoning Regulations of December 1977,
promulgated by the Allegheny County Airport Zoning Commission, and
any subsequent amendments or revisions thereto, are hereby made a
part of this chapter. Any construction or alteration within the applicable
zone must adhere to the procedures set forth in the above applicable
regulations.
Any landowner or any person engaged in the alteration or development of land which may affect stormwater management runoff characteristics shall comply with the Robinson Township Stormwater Management Ordinance, No. 6-1990, and/or any amendments thereto (Chapter
240).
All uses hereafter established, enlarged, extended, altered
or reconstructed in any zoning district shall comply with the performance
standards contained in this section:
A. Fire and explosive hazards. All activities and all storage of flammable
and explosive material at any point shall be provided with adequate
safety devices against the hazards of fire and explosion and adequate
fire-fighting equipment as specified by the Department of Labor and
Industry and the laws of and regulations of the Commonwealth of Pennsylvania,
Allegheny County and Robinson Township.
B. Radioactivity or electrical disturbances. There shall be no activities
which emit radioactivity at any point beyond the most recent threshold
limit values adopted by the American Conference of Governmental Industrial
Hygienists. There shall be no radio or electrical disturbance adversely
affecting the operation of equipment belonging to someone other than
the creator.
C. Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
of smoke, ash, dust, fumes, vapors or gases which violates applicable
federal, state or county laws and regulations.
D. Liquid and solid wastes. There shall be no discharge at any point
into any public or private sewage system or watercourse or into the
ground of any materials in such a way or of such a nature as will
contaminate or otherwise cause the emission of hazardous materials
in violation of the laws and regulations of the Commonwealth of Pennsylvania
and Allegheny County and local authorities. All required discharge
and disposal permits shall be obtained.
E. Glare. No direct or reflected glare, whether from any lighting source
or production operation, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
Glare shall be defined as direct or indirect light from such activities
of greater than 1/2 footcandle at habitable levels on any adjoining
property. All lighting devices located within 100 feet of a property
line adjoining residential use or zoning classification shall be designed
with shields, reflectors or refractor panels which direct and cut
off the light at a cutoff angle that is less than 90°. ("Cutoff
angle" is defined as the "angle formed by a line drawn from the direction
of light rays at the light source and a line perpendicular to the
ground from the light source above which no light is emitted.")
F. Odor. There shall be no emission of odorous gases or other matter
in such quantities as to be offensive on adjoining streets or adjacent
lots. Odor thresholds shall be measured in accordance with ASTM d1391-57,
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)."
G. Noise.
(1) No operation or activity shall cause or create noise in excess of
the sound levels prescribed below. For the purpose of this chapter,
the noise level shall be measured in decibels (dBA) which indicate
the sound pressure level obtained from a frequency weighing network
corresponding to the A-scale on a standard sound level meter.
(a)
Residential districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA for four hours within a twenty-four-hour equivalent period.
(b)
Commercial districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for eight hours within a twenty-four-hour equivalent period.
(c)
Industrial districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA.
(d)
Where two zoning districts in which different noise levels are
prescribed share a common boundary, the most restrictive of the noise
level standards shall govern.
(e)
The following uses or activities shall be exempted from the
noise regulations: noises emanating from construction and/or maintenance
activities between 7:00 a.m. and 9:00 p.m.; noises caused by safety
signals, warning devices and other emergency-related activities or
uses.
(2) In addition to the above regulations, all uses and activities within
Robinson Township shall conform to any applicable county, state or
federal noise regulations. Wherever the regulations contained herein
are in variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
H. Storage of refuse. All garbage, trash and rubbish shall be stored
in enclosed vermin-proof containers. All rubbish containers for multiple-family
dwellings, commercial and industrial establishments shall be screened
from adjacent uses and streets by a six-foot-high hedge, fence or
other opaque structure.
I. Determination of compliance with performance standards. During the
review of the zoning application, the applicant may be required to
submit data and evidence documenting that the proposed activity, facility
or use will comply with the provisions of this section. In reviewing
such documentation, Township officials may seek the assistance of
any public agency having jurisdiction or interest in the particular
issues, or Robinson Township may seek advice from a qualified technical
expert. All costs for the expert's review and report shall be paid
by the applicant. A negative report by the technical expert and the
applicant's refusal or inability to make alterations to ensure compliance
with this section shall be a basis for denying approval of the zoning
application.
J. Continuing enforcement. The Zoning Officer shall investigate any purported violation in the performance standards and, subject to the approval of the Board of Commissioners, may employ qualified technical experts to assist in the determination of a violation. Costs for the services of such experts shall be paid by the owner or operator of the facility accused of the violation, if the facility is deemed to be in violation. If no violation is determined, the cost of such experts shall be paid by Robinson Township. If the facility is found to be in violation, the owner or operator shall be given written notice of the violation(s) in accordance with §
300-26 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation within the stated time shall be a violation of this chapter and shall result in a revocation of the occupancy permit for the facility.
Where allowed by the zoning district regulations, more than
one principal industrial, commercial, multiple-family or institutional
building may be erected upon a single zoning lot or parcel, provided
the following guidelines are met:
A. All yards, open spaces and buffer areas required by the district
regulations shall be maintained around the boundaries of the tract.
B. Unless otherwise specified in the district regulations, all principal
structures within a multiple-structure development must be separated
by at least 30 feet. Buildings over five stories shall maintain an
additional separation of 10 feet for every story over the fifth story.
C. Adequate fire lanes, approved by Robinson Township or County Fire
Marshal, shall be provided for each structure along with on-site fireplugs.
D. When more than one multiple-family dwelling building is erected upon
a single lot or tract, except within an approved planned residential
development, the minimum building spacing between principal structures
which shall be maintained is as follows:
(4) All other faces: 30 feet.
E. Buildings over five stories shall maintain an additional separation
of 10 feet for every story over five.
A clear sight triangle, as defined by this chapter, must be
maintained at all intersections of public and/or private streets in
all zoning districts. Required sight distances along intersecting
roads shall be in accordance with the current applicable PennDOT standards.
No structure shall be built within or above an easement or public
right-of-way.
All areas of a developed property which are not covered by buildings,
structures, parking areas or other site improvements, except those
that are left in a natural, undisturbed state, shall be suitably landscaped
with trees, shrubs or other ground cover to prevent excessive stormwater
runoff, erosion, dust or mud conditions. Under no circumstances shall
any area be left uncovered to contribute to problems of dust, runoff,
erosion and similar conditions. Landscaping shall be provided in accordance
with the following specifications:
A. Planting required in bufferyards, as outlined in §
300-72, shall not be substituted for any required planting mandated in this section.
B. All trees which are required to be planted by this section shall
be a minimum of two inches in diameter at a point one foot above the
ground at the time of planting, measured along the trunk of the planted
tree, which tree shall be planted in accordance with accepted conservation
practices.
C. For each tree which is a minimum of four inches in diameter at a
point one foot above the ground which is removed during site preparation
and building construction, one deciduous tree shall be planted on
the site.
D. At least one deciduous tree shall be planted for each 500 square
feet of lot area occupied by the footprint in conjunction with any
development.
E. Any existing trees which are not disturbed and are not located within
a required bufferyard and are a minimum of four inches in diameter
at a point one foot above the ground shall count towards the required
number of trees to be planted outside of the bufferyard.
F. Landscaping of paved areas and parking areas. Areas devoted to parking
for more than 10 vehicles shall include interior landscaping of at
least 10 square feet per car space, and one tree for each 10 parking
spaces shall be installed.
G. Landscaping of yard areas. All yard areas not utilized for structures,
parking facilities, driveways, bufferyards or planting strips shall
be seeded, sodded or landscaped within a reasonable period of time.
The phrase "a reasonable period of time" shall be interpreted to be
within 30 days after construction activities are completed, unless
those activities are completed between November 1 and April 1. In
such case, the required sodding or seeding must occur within 30 days
of April 1.
H. Maintenance of landscaping. It shall be the responsibility of the
owner/applicant to assure the continued growth of all required landscaping,
including planting in bufferyards, and to replace the same in the
event of frost, vandalism, disease or other reasons for the discontinued
growth of the required trees, shrubs and bushes.
Whenever a bufferyard is required by this chapter, it shall
comply with the following standards and requirements.
A. Bufferyard A.
(1) No structures or uses, including, but not limited to, buildings,
accessory structures, parking spaces, access drives and lighting devices,
may be located closer than 35 feet to any side or rear lot line.
(2) Bufferyard A shall contain two rows of planting. Each row shall consist
of a mixture of deciduous (30%) and evergreen (70%) trees spaced within
the row 10 feet apart, measured from the vertical center lines of
adjacent trees. The two rows shall be staggered in the manner shown
on the drawings which areincluded as an attachment to this chapter,
which shall result in adjacent trees in the two different rows being
no more than five feet apart, measured from the vertical center line
of the trees.
B. Bufferyard B.
(1) No structures or uses, including, but not limited to, buildings,
accessory structures, parking spaces, access driveways and lighting
devices, may be located any closer than 25 feet to any side or rear
lot line.
(2) Bufferyard B shall contain a row of planting which shall be comprised
of a mixture of deciduous (30%) and evergreen (70%) trees. These trees
shall be spaced 10 feet apart, measured from the center of the trees.
C. Bufferyard C.
(1) No structures or uses, including, but not limited to, buildings,
accessory structures, parking spaces, access drives and lighting devices,
may be located any closer than 10 feet to any side or rear lot line.
(2) Bufferyard C shall contain a row of planting which shall be comprised
of a mixture of deciduous (30%) and evergreen (70%) trees. These trees
shall be spaced 10 feet apart, measured from the center of the trees.
D. Bufferyard D.
(1) No structures or uses, including, but not limited to, buildings,
accessory structures, parking spaces, access drives and lighting devices,
may be located any closer than five feet to any side or rear lot line.
(2) Bufferyard D shall contain a row of planting which shall be comprised
of a mixture of deciduous (30%) and evergreen (70%) trees. These trees
shall be spaced no more than 15 feet apart, measured from the center
of the trees.
E. Low-level screen. In Bufferyards A, B and C, in addition to the plantings required by Subsections
A,
B and
C above, a row of low-level evergreen shrubs or hedges shall be planted or earthen mounding shall be constructed in the bufferyard which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low-level shrubs, hedges or mounds shall be of such height that anyone facing a passenger car with the shrubs, hedges or mounds between them and the car could observe the car's low-beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable.
F. Schedule of bufferyard requirements.
|
|
Required Bufferyard
|
---|
|
Development Proposed
|
A
|
B
|
C
|
D
|
---|
|
Multiple-family
|
|
|
|
|
|
Adjoining single-family or two-family
|
X
|
|
|
|
|
Adjoining multiple-family
|
|
X
|
|
|
|
Adjoining undeveloped R district
|
X
|
|
|
|
|
Adjoining any commercial
|
|
X
|
|
|
|
Adjoining any industrial
|
|
X
|
|
|
|
Adjoining any S-1 District
|
X
|
|
|
|
|
Commercial
|
|
|
|
|
|
Adjoining single-family or two-family
|
X
|
|
|
|
|
Adjoining multiple-family use
|
|
X
|
|
|
|
Adjoining undeveloped R district
|
X
|
|
|
|
|
Adjoining any commercial use
|
|
|
|
X
|
|
Adjoining any industrial use
|
|
|
X
|
|
|
Adjoining any S-1 District
|
|
|
X
|
|
|
Industrial
|
|
|
|
|
|
Adjoining any R district
|
X
|
|
|
|
|
Adjoining any undeveloped R district
|
|
X
|
|
|
|
Adjoining any commercial use
|
|
|
X
|
|
|
Adjoining any industrial use
|
|
|
|
X
|
|
Adjoining any S-1 District
|
X
|
|
|
|
(1) When the bufferyard width specified above is in conflict with the
provisions of this chapter or any other ordinance of Robinson Township,
the greater distance shall apply. The planting requirement shall be
adhered to regardless of what the yard requirement is.
G. Multiple buildings or multiple lots. In the instance where multiple
buildings are proposed on a single lot or where several lots are proposed
to be developed by a single owner, whether in a single or several
phases, the bufferyard requirements shall apply to the exterior perimeter
of the site proposed for development, provided a development plan
for the entire site is submitted initially which shows compliance
with the applicable bufferyard requirements.
H. Exceptions to bufferyard requirements. The Planning Commission may
waive the requirement for planting in the required bufferyard where
existing vegetation or existing or proposed differences in elevation
exist along the property lines where a bufferyard is required which
duplicate the effect of the required bufferyard.
I. Existing structures in bufferyards. In instances where any existing principal or accessory structure is located within any required bufferyard, a bufferyard of not less than the minimum distance from the existing structure to the property line shall be required. This reduced bufferyard width shall apply only to the yard area upon which the existing structure encroaches. If the existing structure is located within the required bufferyard on one side of the building, the required bufferyard as determined by Subsection
F shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the bufferyard width.
J. Existing trees in bufferyards.
(1) Any existing trees within the required bufferyard which are a minimum
of four inches in diameter at a point one foot above the ground shall
be preserved and shall count as a required tree within the bufferyard.
At no point, however, shall any existing trees and required trees
be separated at a distance greater than the distance specified in
the required bufferyard.
(2) Where such trees already exist within the required bufferyard, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees in the
bufferyard must be removed in conjunction with development, a written
request to remove such trees must be submitted to Robinson Township,
along with an explanation detailing the rationale for the request.
These trees shall not be removed until Robinson Township has given
written authorization permitting this.
(3) When any trees, regardless of their physical condition, are removed
from the required bufferyard, they shall be replaced by trees suitable
to the environment, if needed to maintain the number of trees required
by this section. All such replacement planting shall be in accordance
with accepted conservation practices.
K. Size of trees to be planted in bufferyards. All trees required to
be planted within the bufferyard shall be a minimum of two inches
in diameter at a point one foot above the ground, measured along the
trunk of the planted tree, which tree shall be planted in accordance
with accepted conservation practices. All required trees shall be
a minimum of six feet in height at time of planting, measured from
the ground adjacent to the planted tree to the top of the tree.
L. Use of bufferyards.
(1) Stormwater management facilities and structures may be maintained
within a bufferyard, but the existence of such facilities or structures
shall not be a basis for a failure to meet the planting requirements.
(2) A bufferyard may be used for passive recreation or may contain pedestrian,
bike or equestrian trails, provided that no required plant material
is eliminated and the total width of the bufferyard is maintained.
Temporary structures incidental to the construction of a development
project are permitted during construction but shall be removed as
soon as an occupancy permit is granted for the structure or structures.
In the case of a residential subdivision, temporary construction structures
must be removed when 25% of the homes are built.
[Added 12-6-2021 by Ord.
No. 7-2021]
A. Accessory utility scale solar energy systems.
(1)
Regulations applicable to all accessory utility scale solar
energy systems.
(a)
Accessory utility scale solar energy systems (referred to herein
as "AUS system") shall be permitted on parcels of at least 10 acres
in size as an accessory use by right in the C-2 Zoning District to
any lawfully permitted principal or accessory use on the same parcel
upon issuance of the solar permit specified in this section.
(b)
Exemption. AUS system constructed prior to the effective date
of this section shall not be required to meet the terms and conditions
of this section. Any physical modification to an existing AUS system
whether or not existing prior to the effective date of this section
that materially alters the AUS system shall comply with the requirements
of this section. Routine maintenance or like-kind replacements do
not require a permit.
(c)
The AUS system layout, design, installation and ongoing maintenance
shall confirm to applicable industry standards and shall comply with
the PA Uniform Construction Code (UCC), Act 45 of 1999, as amended,
as enforced by Robinson Township, and with all other applicable fire
and life safety requirements. The manufacturer specifications for
the key components of the system shall be submitted as part of the
application.
(d)
Upon completion of the installation, the AUS system shall be
maintained in good working order in accordance with standards of the
Robinson Township Codes under which the AUS system was constructed.
Failure of the property owner to maintain the AUS system in good working
order is grounds for appropriate enforcement actions by Robinson Township
in accordance with applicable ordinances.
(e)
All on-site utility, transmission lines and plumbing shall be
placed underground to the extent feasible.
(f)
The owner of an AUS system shall provide Robinson Township written
confirmation that the public utility company to which the AUS system
will be connected has been informed of the customer's intent
to install a grid connected system and approved of such connection.
Off-grid systems shall be exempt from this requirement.
(g)
The display of advertising is prohibited except for reasonable
identification of the manufacture of the system.
(h)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuing of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself: a) the right to remain free of shadows and/or obstructions
to solar energy caused by development of adjoining or other property
or the growing of any trees or vegetation on such property; or b)
the right to prohibit the development on or growth of any trees or
vegetation on such property.
(i)
Decommissioning.
[1] Each AUS system and all solar-related equipment
shall be removed within 12 months of the date when the use has been
discontinued or abandoned by the system owner and/or operator, or
upon termination of the useful life of same.
[2] The AUS system shall be presumed to be discontinued
or abandoned if no electricity is generated by such solar collector
for a period of 12 continuous months.
(j)
Permit requirements.
[1] Zoning/building permit applications shall document
compliance with this section and shall be accompanied by drawings
showing the location of the system on the building or property, including
property lines. Permits must be kept on the premises where the AUS
system is constructed.
[2] The Zoning/building permit shall be revoked if
the AUS system, whether new or preexisting, is moved or otherwise
altered, either intentionally or by natural forces, in a manner which
causes the AUS system not to be in conformity with this section.
[3] The AUS system must be property maintained and
be kept free from all hazards, including, but not limited to, faulty
wiring, loose fastenings, being in an unsafe condition or detrimental
to public health, safety or the general welfare. In the event of a
violation of any of the foregoing provisions, the Code Enforcement
Officer shall give written notice specifying the violation to the
owner of the AUS system to conform or remove the AUS system within
60 days of receipt of notification.
(2)
Roof-mounted and wall-mounted accessory utility scale solar
energy systems.
(a)
A roof-mounted or wall-mounted AUS system may be located on
a principal or accessory building.
(b)
AUS systems mounted on roofs or walls of any building shall
be subject to the maximum height regulations specified for principal
and accessory buildings within the underlying Zoning District.
(c)
Wall-mounted AUS systems shall comply with the setbacks for
principal and accessory structures in the underlying Zoning District.
(d)
Solar panels shall not extend beyond any portion of the roof
edge unless they are an architectural element of the building or roof
edge.
(e)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
(UCC), Act 45 of 1999, as amended, and the adopted Building Code of
the Township, and that the roof or wall is capable of holding the
load imposed on the structure.
(3)
Ground-mounted accessory utility scale solar energy systems.
(a)
Setbacks. The minimum yard setbacks from the side and rear property
lines shall be equivalent to the accessory structure setback in the
Zoning District.
(b)
Height. Freestanding ground-mounted AUS system shall not exceed
an average of 20 feet provided that there is no more than three feet
of variation in height between adjacent solar panels or arrays.
(c)
Coverage:
[1] The area beneath the ground-mounted AUS system
is considered pervious cover. However, use of impervious construction
materials under the system could cause the area to be considered impervious
and subject to the impervious surfaces limitations for the applicable
zoning district.
[2] Solar arrays or panels that allow water to pass
between the solar panels are considered to be pervious and do not
count toward a property's maximum impervious surface.
(d)
Ground-mounted AUS systems shall comply with all buffer yard
and/or screening requirements in the underlying zoning district.
(e)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment and structures.
All electrical control devices associated with the AUS system shall
be locked to prevent unauthorized access or entry.
(f)
Ground-mounted AUS systems shall not be placed within any legal right-of-way location, easement area other than a stormwater facilities easement area subject to the conditions of this Subsection
A(3)(f), or be placed in a manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system, as proven by the applicant to the satisfaction of the Township Engineer. A ground-mounted AUS system may be placed in a stormwater conveyance system easement area of the property only if the application proves to the satisfaction of the Township Engineer that the placement shall not alter or impede the water runoff from collecting in a constructed stormwater conveyance system, and the applicant enters into a recorded easement agreement, or an amendment to an existing easement instrument with the Township, in a form acceptable to the Township solicitor, that includes covenants acceptable to the Township regarding the maintenance and operation of the stormwater conveyance system and the AUS improvements therein; provides rights of access to the Township for inspection and, if necessary, corrective work at the cost of the applicant in event of default, and indemnification provisions in favor of the Township.
(g)
Ground-mounted AUS systems shall only be placed in the rear
yard of the property.
B. Accessory small solar energy systems.
(1)
Regulations applicable to all accessory small solar energy systems.
(a)
Accessory small solar energy systems (referred to here as "ASES")
shall be permitted as a use by right in all Zoning Districts as an
accessory use to any lawfully permitted principal or accessory use
on the same parcel upon issuance of the ASES solar permit specified
in this section.
(b)
Exemptions.
[1] ASES with an aggregate collection and/or focusing area of 100 square feet or less are exempt from this §
300-78.1.
[2] ASES construct prior to the effective date of this
section shall not be required to meet the terms and conditions of
this section. Any physical modification to an existing ASES whether
or not existing prior to the effective date of this section that materially
alters the ASES shall require approval under this section. Routine
maintenance or like-kind replacements do not require a permit.
(c)
The ASES layout, design, installation and ongoing maintenance
shall confirm to applicable industry standards and shall comply with
the PA Uniform Construction Code (UCC), Act 45 of 1999, as amended,
as enforced by Robinson Township, and with all other applicable fire
and life safety requirements. The manufacture specifications for the
key components of the system shall be submitted as part of the application.
(d)
Upon completion of the installation, the ASES shall be maintained
in good working order in accordance with standards of the Robinson
Township Codes under which the ASES was constructed. Failure of the
property owner to maintain the ASES in good working order is grounds
for appropriate enforcement actions by Robinson Township in accordance
with applicable ordinances.
(e)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent feasible.
(f)
The owner of an ASES shall provide Robinson Township written
confirmation that the public utility company to which the ASES will
be connected has been informed of the customer's intent to install
a grid connected system and approved of such connection. Off-grid
systems shall be exempt from this requirement.
(g)
The display of advertising is prohibited except for de minimis
identification labels of the manufacturer of the system that are a
standard part of the equipment as manufactured.
(h)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuing of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself: a) the right to remain free of shadows and/or obstructions
to solar energy caused by development of adjoining or other property
or the growth of any trees or vegetation on such property; or b) the
right to prohibit the development on or growth of any trees or vegetation
on such property.
(i)
Decommissioning.
[1] Each ASES system and all solar-related equipment
shall be removed within 12 months of the date when the use has been
discontinued or abandoned by the system owner and/or operator, or
upon termination of the useful life of same.
[2] The ASES system shall be presumed to be discontinued
or abandoned if no electricity is generated by such solar collector
for a period of 12 continuous months.
(j)
Permit requirements.
[1] Zoning/building permit applications shall document
compliance with this section and shall be accompanied by drawings
showing the location of the system on the building or property, including
property lines. Permits must be kept on the premises where the ASES
system is constructed.
[2] The zoning/building permit shall be revoked if
the ASES system, whether new or preexisting, is moved or otherwise
altered, either intentionally or by natural forces, in a manner which
causes the AUS system not to be in conformity with this section.
[3] The ASES system must be properly maintained and
be kept free from all hazards, including but not limited to, faulty
wiring, loose fastenings, being in an unsafe condition or detrimental
to public health, safety or the general welfare. In the event of a
violation of any of the foregoing provisions, the Code Enforcement
Officer shall give written notice specifying the violation to the
owner of the ASES system to conform or remove the ASES system within
60 days of receipt of notification.
(2)
Roof-mounted and wall-mounted accessory utility scale solar
energy systems.
(a)
A roof-mounted or wall-mounted ASES system may be located on
a principal or accessory building.
(b)
ASES systems mounted on roofs or walls of any building shall
be subject to the maximum height regulations specified for principal
and accessory buildings within the underlying Zoning District.
(c)
Wall-mounted ASES systems shall comply with the setbacks for
principal and accessory structures in the underlying zoning district.
(d)
Solar panels shall not extend beyond any portion of the roof
edge unless they are an architectural element of the building or roof
edge.
(e)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
(UCC), Act 45 of 1999, as amended, and the adopted Building Code of
the Township, and that the roof or wall is capable of holding the
load imposed on the structure.
(3)
Ground-mounted accessory small solar energy systems.
(a)
Setbacks. The minimum yard setbacks from the side and rear property
lines shall be equivalent to the accessory structure setback in the
Zoning District.
(b)
Height. Freestanding ground-mounted ASES systems shall not exceed
the maximum accessory structure height in the underlying zoning district.
(c)
Coverage: The area beneath the ground-mounted ASES is considered
pervious cover. However, use of impervious construction materials
under the system could cause the area to be considered impervious
and subject to the impervious surfaces limitations for the applicable
zoning district.
(d)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(e)
Ground-mounted ASES shall not be placed within any legal right-of-way
location, easement area or be placed in a manner that would alter
or impede stormwater runoff from collecting in a constructed stormwater
conveyance system.
(f)
Ground-mounted ASES shall only be placed in the rear yard of
the property.