[Adopted 3-5-2013 by Ord. No. 302]
 
As used in this Part, the following terms shall have the meanings indicated:
BUILDING
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.
FLUSH-MOUNTED SOLAR PANEL
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.
GROUND ARRAY SOLAR ENERGY SYSTEM
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."
INTEGRATED SOLAR ENERGY SYSTEM
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.
NONINTEGRATED ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system, such as solar panels, that is applied to the building on which it is located as separate, secondary system.
SMALL-SCALE SOLAR ENERGY 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.
SOLAR ENERGY SYSTEM
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.
SOLAR PANEL
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.
ZONING ORDINANCE
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.
(3) 
Ground array solar panels shall not be permitted in a front yard as that term is defined in the Newtown Area Joint Municipal Zoning Ordinance.[1]
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
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.
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.
(3) 
Accessory buildings on which flush-mounted solar panels are mounted shall count toward the maximum building coverage limits set forth in the Zoning Ordinance.[1]
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
(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.