[Adopted 3-5-2013 by Ord.
No. 302]
As used in this Part, the following terms shall have the meanings
indicated:
A man-made object having a stationary location on or in land
or water, under a roof, used for the shelter or enclosure of persons,
animals or property.
A solar energy system or solar panel which is installed no
greater than six inches from the roof and is installed at the same
angle as the roof surface.
A solar energy system which is ground-mounted, with solar
panels in close proximity to the ground. A ground array solar energy
system may also be referred to in this Part as a "ground array" or
a "ground array solar panel."
A solar energy system located in a building material such
as a wall, window, or roof shingle or tile and designed to appear
as traditional roof or building materials. An integrated solar energy
system serves as the surface layer of the building, with no additional
apparent change in relief or projection. When there is a question
as to whether the system is "integrated," the determination shall
be made by the Township Code Enforcement Officer.
A solar energy system, such as solar panels, that is applied
to the building on which it is located as separate, secondary system.
Solar energy systems designed and primarily used to generate
energy for use on the property on which the system is located, provided
that the sale of incidental excess energy to the utility which provides
service to the property shall be permitted.
Any solar collector or other solar energy device, including
appurtenances or any structural design feature 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 electricity
that may be mounted on a building or on the ground and is not the
primary use of the property.
A structure containing one or more receptive cells which
converts solar energy into usable electrical energy by way of a solar
energy system. For the purpose of this Part, integrated solar energy
systems are not solar panels.
The Newtown Area Joint Municipal Zoning Ordinance as adopted
by Upper Makefield Township.[1]
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is
on file in the Township offices and is accessible via the Township
website.
A.
Only small-scale solar energy systems shall be permitted in Upper
Makefield Township.
B.
This Part is an amendment and restatement of the Solar Energy Ordinance
2010-293 as amended by Ordinance 2013-302. Solar energy systems constructed
prior to September 6, 2010, shall not be required to meet the requirements
of this Part, provided that any structural change, upgrade or modification
to an existing small-scale solar energy system that materially alters
the size or placement of the existing small-scale solar energy system
shall comply with the provisions of this section.
Solar panels shall be permitted as ground arrays in any zoning
district of the Township in accordance with the following:
A.
Solar panel ground arrays shall be permitted only on lots of five
acres or greater.
B.
The maximum area of all solar panel ground arrays on any property
or contiguous properties in single ownership shall be as set forth
below:
|
Property Size
(acres)
|
Total Maximum Footprint
(square feet)*
| |
|---|---|---|
|
5 to 10
|
1,000
| |
|
10 to 100
|
2,000
| |
|
More than 100
|
4,000
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Includes all area within the four outer corners of the ground
array, including, but not limited to, the gaps between panels and
sets of panels.
| |
C.
Ground array solar panels, and all mechanical equipment associated
with the ground array solar panels, in addition to being subject to
the other provisions of this chapter, shall be set back a minimum
of 60 feet from any street or property line, subject to the following
additional restrictions:
(1)
An application for ground array solar panels shall not show the ground
array solar panels located closer to the principal building on a neighboring
property than to the principal building on the property on which the
ground array solar panels are located.
(2)
If, due to the topography of the site, the ground array solar panels
cannot be screened from view of the principal building on neighboring
properties, the application for the ground array shall be denied.
D.
Ground array solar panels and all mechanical equipment associated
with the ground array solar panels shall be considered impervious,
and considered as such in the calculation of the maximum impervious
surface ratio as set for in the JMZO.
E.
Ground array solar panels and all mechanical equipment and appurtenances
associated with the ground array shall comply with all provisions
of the Upper Makefield Township Stormwater Management Ordinance (Upper
Makefield Township Code, Chapter 28).
F.
Ground arrays and all mechanical equipment associated with the ground
array solar panels shall be located so that any reflection is directed
away from adjoining properties and shall be located so that any reflection
does not cause a hazard to those traveling on nearby streets.
G.
Every ground array shall be surrounded by a four-foot-high fence,
with openings of four inches or less and a vegetative buffer sufficient
in the opinion of the Code Enforcement Officer to screen the ground
array from view from streets and adjacent properties, but in no event
shall the fence and vegetative buffer be less than four feet high.
H.
Ground arrays shall not exceed a height of 10 feet at the highest
point of the ground array.
I.
All applications for ground array solar panels shall be accompanied
by proof that the applicant notified, by certified mail, return receipt
requested, owners of all property located within 500 feet of the property
on which the ground array will be located.
Integrated solar panels shall be subject to the regulations set forth in § 5-506, General regulations applicable to all solar energy systems, of this Part.
Nonintegrated roof-mounted solar panels shall be installed in
accordance with the following:
A.
Flush-mounted solar panels shall be located on a rear- or side-facing
roof, as viewed from any adjacent street, unless the applicant provides
both technical and economic site-specific calculations which demonstrate
valid reasons as to why this location is the only effective means
for utilizing solar energy on the property, and such calculations
are certified by a professional deemed qualified by Upper Makefield
Township and reviewed by the Upper Makefield Township Engineer and
any other Township professional deemed necessary.
B.
Roof-mounted solar panels which are not flush-mounted may be permitted
only if the applicant can demonstrate the following:
(1)
The roof-mounted solar panels shall be located on a rear- or side-facing
roof, as viewed from any adjacent street;
(2)
The gap between the roof surface and any solar panels shall not,
at any point, exceed five feet. Solar panels installed on a building
or structure with a sloped roof shall not project vertically above
the peak of the roof to which it is attached, or project vertically
more than five feet above a flat roof installation; and
(3)
The applicant shall demonstrate to the satisfaction of the Township
Engineer that the proposed use of roof-mounted solar panels is the
only effective or possible means for utilizing solar energy on the
property. Such information shall be certified by a professional deemed
qualified by the Board of Supervisors and may be reviewed by any other
Township professional that the Board of Supervisors deems necessary.
C.
Flush-mounted solar panels may be permitted on detached residential
accessory buildings subject to compliance with the following conditions:
(1)
The residential accessory building upon which the flush-mounted solar
panels are installed shall be located to the rear of the principal
residential building on the property.
(2)
No flush-mounted solar panels shall be visible from a street which
abuts the front yard of the property unless the applicant provides
both technical and economic site-specific calculations which demonstrate
valid reason as to why this location is the only effective means for
utilizing solar energy on the property, and such calculations are
certified by a professional deemed qualified by Upper Makefield Township
and reviewed by the Upper Makefield Township Engineer and any other
Township professional deemed necessary.
(4)
Accessory buildings on which flush-mounted solar panels are located
shall not be located within the required side or rear yard for principal
buildings in the zoning district.
(5)
Accessory residential buildings on which flush-mounted solar panels
are located must be customarily incidental to a residential use, and
the primary use of the accessory residential building must be a use
other than to serve as a support for solar panels. Solar panels supported
by posts or supports which serve no other function customarily incidental
to the primary residential building are prohibited.
D.
Notwithstanding any other provision of this Part, in no event shall
any roof-mounted solar panel cause the total building height, including
the solar energy system, to exceed 35 feet for principal buildings.
Roof-mounted solar panels shall not cause accessory buildings to exceed
the height requirements for accessory buildings in the district in
which the building is located.
A.
Design and installation. The solar energy system shall comply with
the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101
et seq. ("UCC"), including the National Electric Code, as adopted
by Upper Makefield Township, and the applicable regulations adopted
by the Department of Labor and Industry, 34 Pa. Code § 401.1
et seq. UCC permits shall be secured prior to the construction or
installation of any solar energy system.
B.
In addition to securing permits required under the UCC, the design
of the solar energy system shall conform to applicable industry standards.
The local utility provider shall be contacted to determine grid interconnection
and net metering policies. The applicant shall, at the time of submission
of the building permit application, submit certificates of design
compliance obtained by the equipment manufacturers from a certifying
organization.
C.
All structural components, including the integrity of the existing
building/roof shall be certified by a professional engineer with expertise
in civil/structural matters. The certification shall be submitted
concurrently with application for a building permit.
D.
All applications for solar energy systems shall be reviewed by the
Township Fire Marshal to ensure the safety of the solar energy system,
the building and property on which it is located, and emergency responders.
The applicant shall comply with all recommendations of the Township
Fire Marshal.
E.
Easements.
(1)
On plans for new subdivision or land development that propose to
provide for solar energy systems, a notation shall be placed on the
approved plan stating that restrictions have been placed on the lots
in question, pursuant to a recorded deed of easement, concerning the
placement of solar energy systems and vegetation as it relates to
the solar energy systems. The terms of the easement shall be as approved
by the Township Solicitor.
(2)
An applicant submitting a building permit plan not subject to subdivision
or land development regulations shall submit evidence that any necessary
easement, the terms of which have been approved by the Township Solicitor,
has been obtained from adjoining landowner(s) concerning the placement
of solar energy systems and vegetation as it relates to the proposed
solar energy system.
F.
Abandonment and removal of nonintegrated solar energy systems.
(1)
Any nonintegrated solar energy system (roof or ground) which has
not been in active and continuous service for a period of one year
shall be removed from the property to a place of safe and legal disposal.
(2)
All structural enclosures accessory to the solar energy system shall
be completely removed from the property to a place of safe and legal
disposal.
(3)
The former solar site shall be restored to as natural condition as
possible within six months of the removal from the property.
G.
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
H.
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
I.
The installation of solar energy systems is subject to all utilities
providing electric service requirements for interconnection, and all
electric service, and any associated plumbing and wiring, shall be
underground.
J.
At the time of the adoption of this Part, the Board of Supervisors
anticipates changes in solar technology which will increase the feasibility
of integrated solar energy systems. Unless economically infeasible,
applicants shall utilize integrated solar energy systems.
A.
Parties aggrieved by a decision of the Code Enforcement Officer enforcing
the terms of this Part and/or issuing permits under this Part may
appeal to the Upper Makefield Township Board of Supervisors pursuant
to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. All appeals
must be made within 30 days of the decision of the Code Enforcement
Officer. For purposes of this Part, an aggrieved party is the owner
of the property on which the solar energy system is located or the
owner or tenant of a property adjacent to the property on which the
solar energy system is located.
B.
Notice of all appeals, requests for waivers, and any other matters
requiring approval of the Board of Supervisors in accordance with
this Part shall be mailed by certified mail, return receipt requested,
to all owners of property located 500 feet of the property which is
the subject of the appeal or waiver request.
C.
As a result of changing technology, the Board of Supervisors is encouraged
to review this Part every two years, provided that in no event shall
this Part be deemed null and void for failure of the Board of Supervisors
to review or revised this Part.
