[Ord. No. 2025-01, 2/19/2025]
ACCESSORY USE SOLAR ENERGY SYSTEM
An alternate energy facility that consists of one or more ground-mounted or building integrated solar panels, solar energy related equipment and other associated infrastructure with the primary intended purpose of generating electricity or otherwise converting solar energy to a different form of energy to reduce on-site consumption of purchased power, when a property upon which the system is installed also receives electricity supplied by a utility company. Excess electricity generated and not presently needed for on-site use may be used off-site by a utility company.
APPLICANT
A landowner or facility owner, as hereinafter defined, who has filed an application pursuant to this Part, including his or her heirs, successors, and assigns.
ARRAY
A grouping of individual solar panels
FACILITY OWNER
The entity or entities having an equity interest in a solar energy system, including any successors in interest.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the solar energy facility.
PRINCIPAL USE SOLAR ENERGY SYSTEM
An alternate energy facility that consists of one or more ground-mounted, solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy primarily for off-site use.
[Ord. No. 2025-01, 2/19/2025]
1. 
Accessory Use Solar Energy System.
A. 
Except as otherwise provided in the Township Zoning Ordinance, systems shall be considered as an accessory use by right in all zoning districts.
In the event that any condition in this section cannot be met, or the application contains a novel solar technology, or requires some de minimis relief, the property owner may seek a waiver for the specific conditions at issue through an application to the Board of Supervisors. In determining the application for a waiver, the Board of Supervisors can request review and recommendations from the Township Engineer and/or the Township Code Enforcement Officer. The Township Board of Supervisors shall have sole discretion for granting waivers, which, if granted, shall be done through resolution.
B. 
Design Standard for Roof-Mounted Systems:
(1) 
Shall not extend beyond the edge of roof in any direction. For peaked roofs, the arrays shall not extend above the ridgeline elevation of the roof to which the array is attached.
C. 
Design Standards for Ground-Mounted Systems:
(1) 
Compliance with all front, rear, and side yard setbacks, and height requirements of the applicable underlying zoning district as well as with the woodland disturbance limits as specified in Franklin Township's Ordinance.
(2) 
Shall not be installed on steep slopes (more than 15%) as defined in Township Zoning Ordinance § 27-202.
(3) 
Shall not entail woodland disturbance without equal replacement of trees on the subject property.
(4) 
Shall not entail reshaping of existing ground contour lines.
(5) 
Shall provide structures/foundations that require little earth disturbance, such as driven posts, helical anchors, etc.
(6) 
Allow the passage of runoff between panel rows, thereby minimizing the creation of concentrated runoff. The applicant will need to demonstrate and note on the plans the required panel spacing that satisfies this requirement.
(7) 
Vegetative cover promoting native groundcover and supporting pollinators shall be provided and maintained under the panel array area.
D. 
Prior to construction, a permit application shall be submitted for review and approval. The applicant shall show that all applicable manufacturer, Township (including zoning permits, PA Uniform Construction Code permits, etc., as adopted by the Township), Commonwealth of Pennsylvania, and any other applicable standards for the construction, operation and maintenance of the proposed system have been met. In the event the system is anticipated to or capable of generating electricity which may be used by or interconnected to an off-site utility company, the applicant shall also show that the relevant utility has been provided written notice of the project and that the utility has approved in writing any interconnection of the system with the utility.
E. 
Systems shall be built, operated and maintained to the applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
F. 
All systems shall have manual cutoff switches.
G. 
The property owner of record shall be the entity responsible for the removal and disposal of all system components.
2. 
Principal Use Solar Energy System.
A. 
Permitted in all zoning districts only by conditional use in accordance with this section and § 27-2313. It shall be the applicant's burden to demonstrate satisfaction to the Board of Supervisors that all requirements of § 27-2313 have been met.
B. 
The system shall be considered as the principal use of the property to which it is added.
C. 
Submission, review and approval of a land development plan (subject to the requirements of the Franklin Township Subdivision and Land Development Ordinance, Chapter 22) is required.
D. 
Submission, review and approval of stormwater management (subject to the requirements of the Franklin Township Stormwater Management Ordinance, Chapter 19) is required.
E. 
Setbacks for all buildings, structures, components, etc., shall be a minimum of 75 feet from any property line and/or any roadway right-of-way.
F. 
Shall not be installed on steep slopes (more than 15%) as defined in Township Zoning Ordinance § 27-202.
G. 
Shall not entail woodland disturbance without equal replacement of trees on the subject property.
H. 
Shall not entail reshaping of existing ground contour lines and be supported with structures/foundations that require little earth disturbance, such as driven posts, helical anchors, etc.
I. 
Screening and landscaping shall be provided along public roads or recognized Class 1 and Class 2 historic resources as identified in the Franklin Township Atlas Map of Historic Resources.
J. 
Design and Installation.
(1) 
Uniform Construction Code. To the extent applicable, the system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999,[1] as amended, and the regulations adopted by the Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(2) 
Design Safety Certification. The design of the system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations.
(3) 
Electrical Components. All electrical components of the system shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(4) 
The maximum height of any component of a ground-mounted system cannot exceed the maximum height of a principal structure of the underlying zoning district.
(5) 
Applicants shall provide a glare analysis report prepared and sealed by an engineer licensed in the Commonwealth of PA, demonstrating that glare shall not be projected onto any public street or any building on a property other than the one whereupon the system is located.
K. 
Submission Requirements. In addition to the other requirements of this Part and other applicable ordinances, including but not limited to the Franklin Township Subdivision and Land Development Ordinance, the following shall be submitted with each application.
(1) 
A narrative including an overview of the project; the project location; the approximate generating capacity of the system; the approximate number, representative types and height/extent or range of heights/extent of panels to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(2) 
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the system.
(3) 
Identification of the property on which the proposed system will be located, and the properties adjacent to the property where the system will be located.
(4) 
A site plan showing the planned location of all arrays, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
(5) 
Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the Township to ensure compliance with this Part.
(6) 
All conditions of the conditional use granted by the Board of Supervisors shall be obligations of any succeeding owners of the property. To assist with this subsection, any conditional use approval permitting a system shall be recorded verbatim against the property in the County Office of the Recorder of Deeds. In addition, any change in ownership of the property shall be registered with the Township within 30 days of said change in ownership.
L. 
Certifications and Inspections.
(1) 
National and State Standards. The applicant shall show that all applicable manufacturer's, Commonwealth of Pennsylvania and U.S. standards for the construction, operation and maintenance of the proposed solar energy facility have been met, including, without limitation, back feed prevention and lightning grounding. Solar energy facilities shall be built, operated, and maintained to the applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a solar energy facility shall furnish evidence, over the signature of a professional engineer licensed to practice in the Commonwealth of Pennsylvania, that such facility is in compliance with such standards.
(2) 
Biennial Inspection Report. Whenever a system is authorized by conditional use, an inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be obtained by the property owner and submitted to the Township every two years by a date that is not later than 30 days from the anniversary on which the Township certified the facility ready for operation. The inspection report shall certify the structural soundness and proper operation of the facility. In the event the report lists deficiencies, the property owner shall repair/correct said deficiencies within 60 days of the date of the letter, unless otherwise extended by the Township. The above language shall be noted on the land development plan.
(3) 
No system shall commence operation until the Township has certified in writing that the conditions of this section have been satisfied and the facility has been constructed and installed in accordance with the approved plans and specifications.
M. 
Use of Public Roads.
(1) 
The applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the system.
(2) 
The Township Engineer or a qualified third-party engineer hired by the Township and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3) 
The Township may bond the road in compliance with state regulations.
(4) 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5) 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
N. 
Local Emergency Services.
(1) 
The applicant shall provide a copy of the project summary and site plan to the Emergency Services Coordinator and area fire companies.
(2) 
Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the system.
O. 
Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1 million in the aggregate. Certificates shall be made available to the Township upon request.
P. 
Decommissioning and Financial Security.
(1) 
The record property owner, at their expense, is the entity responsible for complete decommissioning of the system within six months after the system ceases operating or after notice of a failed inspection, or due to a violation and failure to cure.
(2) 
Decommissioning shall include removal of solar panels, buildings, cabling, electrical components, roads, foundations, stormwater management facilities and any other associated facilities related to the system. The ground surface shall be restored to the grades and cover condition that were present prior to the system installation.
(3) 
Disturbed earth shall be graded and re-seeded unless the property owner requests, in writing, that the access roads or other improvements be permitted to remain in place.
(4) 
As part of the conditional use process, and in addition to the submission requirements, the applicant shall:
(a) 
Identify the useful life of the system and how that useful life is calculated;
(b) 
The plan for decommissioning the system at the end its useful life as referenced in Subsection P(1); and
(c) 
The estimated cost for decommissioning and removing the associated facilities (including salvage value) related to the system at the end of its useful life.
(5) 
As part of the conditional use process, the Board may impose conditions which are designed to assure proper compliance with this section, including decommissioning and removal of the system and to assure that the appropriate financial security is available for those purposes.
(6) 
Financial security can include, but is not limited to, performance bonds, letters of credit and/or annual deposits of funds with the Township in dedicated accounts in amounts sufficient to satisfy the applicant's obligations under this section. Any financial security not used shall be returned to the applicant.
Q. 
Public Inquiry and Complaints.
(1) 
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(2) 
The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.