[Ord. 1998-5, 7/20/1998; as added by Ord. 2012-1, 2/23/2012,
§ 13-100]
The purpose of this chapter is to provide for the construction,
installation, operation and decommissioning of principal solar energy
facilities in Stroud Township, subject to reasonable conditions that
will protect the public health, safety, and welfare.
[Ord. 1998-5, 7/20/1998; as added by Ord. 2012-1, 2/23/2012,
§ 13-200]
1. This chapter applies to any principal solar energy facility proposed
to be constructed, installed, operated, or decommissioned after the
effective date of the ordinance.
2. Any upgrade, modification, or structural change that materially alters
the size or placement of an existing PSEF or its solar energy system(s)
shall comply with the provisions of this chapter.
[Ord. 1998-5, 7/20/1998; as added by Ord. 2012-1, 2/23/2012,
§ 13-300]
1. A principal solar energy facility (PSEF) shall only be located in a Principal Solar Energy Facility Overlay District and shall only be permitted in said overlay district as a conditional use in accordance with §
27-407 of this chapter, as may be amended. A PSEF shall also meet the requirements of the Stroud Township Subdivision and Land Development Ordinance [Chapter
22], as may be amended, including, but not limited to, land development requirements. In addition to the requirements set forth in §
27-407, Conditional Use Requirements, the PSEF owner and/or applicant shall provide the following as part of their conditional use application:
A. A descriptive site plan including, but not limited to, dimensioned
setbacks, locations of property lines, roadways and driveways, location
and size of solar panels, modules and/or arrays, elevations and heights
of buildings and structures, location and detail of perimeter fencing,
and buffer and landscaping requirements. The site plan shall incorporate
a fire protection plan, including, but not limited to, location of
hydrants and other on-site and off-site firefighting equipment, and
a narrative of same shall be provided to the Township and Stroud Township
Fire Chief for their review and comment.
B. Evidence that the electric utility company has been informed of the
owner's and/or operator's intent to install such facility
and its intended connection to the utility grid. A copy of the electric
utility company's approval to connect to the utility grid shall
be provided to the Township if secured at time of conditional use
application, but not later than at time of application for zoning
permit.
C. An affidavit or evidence of agreement between the property owner
and PSEF owner and/or operator confirming the PSEF owner and/or operator
has permission to apply far the conditional use. Copies of all necessary
permits for the construction, installation, operation and decommissioning
of the PSEF and its solar energy system(s) shall be provided if secured
at time of conditional use application, but not later than at time
of application for zoning permit.
D. Copies of all studies, analyses, reports, certificates and approvals required by all agencies shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit. At time of conditional use application, the Township shall be provided with: (1) three copies of an environmental assessment conforming to the requirements of §
27-706, Subsection
4, which shall include, but not be limited to, impacts, if any, of the project's electromagnetic field(s) [EMF], hazardous materials, wired and wireless communications interference, and "heat island effect" (as described by the U.S. EPA) on adjacent properties; (2) three copies of a Phase I Environmental Assessment of the PSEF site dated not more than one year before the Township's receipt of the conditional use application, and (3) three copies of existing Phase 1, 2 and 3 Environmental Assessments pertaining to the PSEF site, as applicable; pending and future environmental assessments upon completion shall be provided to the Township. The Township and/or any of its consultants shall be provided with copies of other studies, analyses, and/or reports, as may be reasonable requested, including but, not limited to, the PSEF and its solar energy system design by the PSEF owner's and/or applicant's engineer and traffic impact analysis during construction and decommissioning of the PSEF.
E. Traffic routes in the Township, traffic volumes and delivery times,
and truck weights and sizes relative to PSEF construction and solar
energy system(s) installation and decommissioning shall be provided
as part of the conditional use application. Off-street parking and
staging areas for construction-related and delivery vehicles shall
be depicted on the conditional use site plan. Township streets shall
not be used for parking or staging of construction-related or delivery
vehicles during installation and/or decommissioning of the PSEF.
F. Payment in full of applicable conditional use hearing fees. The PSEF
owner and/or applicant shall be responsible for payment of fees in
excess of hearing fees submitted with the conditional use application
prior to issuance of a zoning permit for Township Engineer and/or
Solar Energy Consultant fees.
2. For any lot or property, or portion thereof, within a Principal Solar
Energy Facility Overlay District, the regulations of said overlay
district shall supersede any regulations of the underlying district
which are in conflict with those of this Part. The area and boundary
of each PSEF Overlay District is designated on the maps titled "Principal
Solar Energy Facility Overlay District," Exhibit 27-13-1, dated December
2011, and Exhibits 27-13-2 and 27-13-3 dated October 2011, attached
hereto and incorporated herein by reference, as may be amended.
3. The following standards, requirements and criteria, without limitation,
shall apply to a principal solar energy facility:
A. The owner or operator of a PSEF which will be connected to a utility
grid shall provide a copy of a current and valid written authorization
from the utility company to the Township acknowledging and approving
such connection not later than application of a zoning permit.
B. The PSEF and its solar energy system(s), solar related equipment,
principal and accessory buildings and structures, and parking facilities
shall be enclosed by perimeter chain-link fencing, and/or other fencing
required by state or federal agency, and access gate(s) at a height
between eight and nine feet for the purpose of restricting unauthorized
access. Such fencing shall be green poly-coated and shall not include
barbed wire or similar product unless otherwise required by state
or federal agency.
C. Within 10 feet outside the perimeter fencing stated above, the initial row of two staggered rows of eight-foot tall deer-resistant evergreen trees at initial planting shall be planted with trees in each row spaced at a maximum of 20 feet on center. The staggered rows of evergreens shall provide an immediate visual screen of the PSEF and evergreen tree spacing in each row shall ensure closure between trees at maturity, except at access gate(s). The evergreen plantings stated herein shall be included as part of the requirements of §
27-602, Subsection 1C, Buffer Strip Landscaping Requirements, when the front, side and/or rear yards of a PSEF abuts an R, S, C-4 or O District and/or existing residential use.
D. A compacted stone and/or paved perimeter road of material, depth
and width satisfactory to the Township Engineer, and approved by the
Board of Supervisors, shall be located between the perimeter fencing
stated above and the solar related equipment, within the applicable
front, side and rear yard setbacks for solar related equipment, as
a firebreak. An alternative method of providing PSEF perimeter fire
protection may be proposed by the PSEF owner and/or operator and may
be approved by the Board of Supervisors after recommendations by the
Township Engineer and Fire Chief. Access roads and parking areas within
the PSEF shall be compacted stone and/or of a paved material, depth
and width satisfactory to the Township Engineer and approved by the
Board of Supervisors.
E. The PSEF shall be designed and constructed so that ground leveling is limited to those areas needed for installation of PSEF land development improvements and solar related equipment so that the natural ground contour is preserved to the greatest extent practical. Any earth disturbance shall, at a minimum, require an erosion and sedimentation control plan approved by the Monroe County Conservation District. Such earth disturbances in conjunction with a site alteration or land development shall meet the applicable sections of this chapter, Subdivision and Land Development Ordinance [Chapter
22] and Stormwater Management Ordinance [Chapter
23], as may be amended.
F. Trees shall be preserved to the maximum extent possible. Every existing tree, eight inches or more in diameter (measured at 4.5 feet off the ground), that is removed shall be replaced on a 1:1 basis with a native tree that has the same maximum height and growth rate of the tree to be removed. The replacement trees shall be selected from species provided in § 27-309, Subsection 4, of the Subdivision and Land Development Ordinance [Chapter
22]. The replacement trees at initial planting shall be not less than 2 1/2 inches caliper and/or eight feet in height above ground level. The replacement trees shall grow to be at least 15 feet tall after planting and any trimming. The replacement trees shall be placed on the PSEF site to maximize stormwater management and/or screening of the PSEF from adjacent properties.
G. The manufacturer's or installer's identification and appropriate
warning signage not greater than three square feet each, or the minimum
square footage signage allowed by applicable code, state or federal
agency, shall be posted on the access gate and/or perimeter fencing
as required by applicable regulations. Except as provided herein,
a PSEF shall not display signage of any kind, including, but not limited
to, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons,
flags, banners or similar materials.
H. All on-site utility lines shall be placed underground unless otherwise
approved by the Board of Supervisors. The conditional use site plan
and land development plan shall clearly depict where all underground
and above-ground utility lines are proposed.
I. A PSEF shall comply with the following bulk and coverage controls:
Schedule of PSEF Overlay District Bulk and Coverage Controls
|
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Minimum Front, Side and Rear Yard Setback From Nearest Overlay
District Boundary Line For Perimeter Fence1
|
50 feet
|
Minimum Front, Side and Rear Yard Setback From Nearest Overlay
District Boundary Line For Solar Panels And Their Mounting Equipment
except as provided below1
|
75 feet
|
Minimum Front, Side and Rear Yard Setback From Nearest Overlay
District Boundary Line For Principal and Accessory Buildings and/or
Structures (including parking facilities and other structures containing
or attached with equipment which cause sound, vibration, and/or emission,
including, but not limited to, odor, smoke, vapor, gas, heat, dust,
dirt, air pollution of any kind, EMF, wired and wireless communications
interference, light or glare1, 2) except
as otherwise provided herein
|
150 feet
|
Maximum Solar Panel Height
|
15 feet
|
Maximum Building, Structure and/or Appurtenance Height
|
15 feet
|
Maximum Ground Coverage3
|
60%
|
Minimum Lot Area
|
5 acres
|
1
|
Footnote (e) of Schedule 27-II shall apply when the front, side and/or rear yards described
herein abuts an R, S, C-4 or O District and/or existing residential
use, and the minimum twenty-five-foot wide buffer strip plantings
shall include the evergreens provided for in Subsection 3C above.
|
2
|
In no case shall any sound, vibration, and/or emission of any
kind from a PSEF occur beyond the PSEF property lines.
|
3
|
Maximum ground coverage for the purpose of this chapter is defined as the maximum ratio obtained by dividing the total impervious surface area [as defined by the Stormwater Management Ordinance of Stroud Township [Chapter 23], as may be amended, including the ground floor area of all principal and accessory buildings, and the cumulative surface area of solar panels] on the lot, properties or tract by the total area of the lot, properties or tract upon which the impervious surfaces are located.
|
J. The cumulative surface area of solar panels, regardless of the mounted
angle, shall be calculated as part of the overall ground coverage.
Grass and/or other vegetation satisfactory to the Township Engineer
or consultant shall be planted and maintained below and between ground-mounted
solar panels, modules and/or arrays, except where access roads are
provided, unless other ground cover is required by state or federal
agency or recommended by the Township Engineer or consultant and approved
by the Board of Supervisors. A note on the PSEF land development plan
shall detail the type of grass and/or other suitable vegetation below
and between ground-mounted solar panels and its maintenance to ensure
continuous ground cover, soil stabilization and minimized risk of
a fire hazard.
K. Solar panels shall be placed such that concentrated solar radiation
(e.g., light, heat, EMF and/or communications interference) or glare
shall not be directed onto other properties, roadways or other areas
accessible to the public. The PSEF owner and/or operator has the burden
of proving that any solar radiation (described above) or glare produced
does not adversely impact upon other properties, aircraft, flying
species, and/or adjacent uses either through siting or mitigation.
The PSEF owner and/or operator shall be responsible to mitigate any
adverse solar radiation (described above) or glare impacts, as determined
by the Township Engineer or consultant, prior to issuance of a certificate
of occupancy and/or after issuance of a certificate of occupancy.
L. Solar panels shall not be placed in the vicinity of any airport in
a manner that would interfere with airport flight patterns. Acknowledgement
of same from the Federal Aviation Administration, or other agency
or entity, may be necessary in the discretion of the Board of Supervisors.
M. The layout, design, construction, installation and operation of the
PSEF and its solar energy system(s) shall conform to applicable industry
standards, such as those of the American National Standards Institute
(ANSI), Underwriters Laboratories (UL), the American Society for Testing
and Materials (ASTM), Institute of Electrical and Electronics Engineers
(IEEE), Solar Rating and Certification Corporation (SRCC), Electrical
Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other
similar certifying organizations, or more stringent standards required
by state and/or federal agencies. All applicable building permits
shall be obtained for the PSEF and its solar energy system(s) per
the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,
35 P.S. § 7210.101 et seq., as amended, and applicable regulations
adopted by the Department of Labor and Industry. All wiring shall
comply with the applicable version of the National Electric Code (NEC).
The local utility provider shall be contacted to determine grid interconnection
and net metering policies; the Township shall be provided with copies
of utility provider approvals and compliance with those same policies
and any future change in status. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturer from a
certifying organization and any such design shall be certified by
an engineer licensed in the Commonwealth of Pennsylvania. The manufacturer
specifications for the key components of the solar energy system(s)
shall be submitted as part of the application.
N. The PSEF and its solar energy system(s) shall be designed and operated
to protect public safety including development and implementation
of a plan of operating procedures to prevent public access inside
the PSEF, including, but not limited to, security cameras and security
lighting shielded to prevent glare and spillover onto adjacent properties.
A PSEF Emergency Operations Plan (EOP) shall be provided to the Township,
Fire Chief and Township Emergency Management Coordinator prior to
issuance of a certificate of occupancy. The EOP shall provide specific
instructions for fire protection and handling and disposing of hazardous
materials contained in and/or released from solar related equipment.
No solar related equipment and/or hazardous materials shall be buried
on site or disposed of in violation of local, state or federal regulations.
O. A PSEF and its solar energy system(s) shall not be constructed until
all applicable building and zoning permits have been issued, all approvals
have been secured and security has been provided for the installation
of PSEF land development improvements and decommissioning. The construction
of a PSEF and its solar energy system(s) shall be completed and fully
operational within one calendar year of issuance of a zoning permit.
Before any construction can commence on any PSEF and its solar energy
system(s), the property owner must acknowledge that they are the responsible
party for owning and maintaining the facility and its solar energy
system(s). Prior to issuance of a certificate of occupancy and operation
of the PSEF, the PSEF owner and/or operator shall provide the Township
with copies all applicable regulatory permits and approvals to operate
the PSEF.
P. The Township shall be notified in writing within 30 days of a change
in: (1) PSEF ownership, (2) PSEF operator and/or (3) owner of land
upon which the PSEF is located, and the Township shall be provided
with contact name(s), address(es), phone number(s) and emergency contact
information. The PSEF owner and/or operator shall maintain a phone
number and identify a person responsible for the public to contact
with inquiries and complaints throughout the life of the project and
shall provide this number and name to the Township. The PSEF owner
and/or operator shall make timely and reasonable efforts to respond
to the public's inquiries and complaints.
Q. If a PSEF or any of its solar energy system(s) or components are
deemed to be a public safety hazard by a Code Enforcement Officer,
Building Code Official, Township Engineer or consultant, or state
or federal agency, the PSEF owner and/or operator, after written notice
by any of the entities stated above, shall be responsible for making
immediate repairs or removal of the condition causing such hazard.
If the PSEF owner or operator fails to make immediate repairs or remove
said conditions, Stroud Township shall have the option to pursue reasonable
hazard mitigation measures at the PSEF owner's expense without
further notice to the PSEF owner or operator.
R. Decommissioning of a PSEF or any of its solar energy system(s) shall
include the following, without limitation:
(1)
If a PSEF or any of its solar energy system(s) have not been
in operation for a period of six consecutive months, the PSEF owner
or operator shall notify the Township in writing with the reason(s)
for inoperability and their intentions to re-establish operations
or plans for decommissioning. The PSEF owner or operator is required
to notify the Township immediately upon cessation or abandonment of
the operation. The PSEF or one or more of its solar energy systems
shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months.
(2)
The PSEF owner and/or operator shall have six months from cessation or abandonment in which to dismantle and remove the PSEF including all solar related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations and other associated facilities from the property and shall re-vegetate disturbed earth per §
27-603, Subsection
4, of this chapter.
(3)
Engineer Decommissioning Costs. An independent and certified
Pennsylvania professional engineer shall be retained by the PSEF owner
or operator to estimate the total cost of decommissioning without
regard to salvage value of the PSEF solar related equipment. Said
estimates shall be submitted to the Township after the first year
of issuance of a certificate of occupancy and every 5th year thereafter.
(4)
Decommissioning Financial Security. The PSEF owner or operator,
prior to the issuance of a zoning permit, shall provide financial
security with the Township as payee in an amount approved by the Board
of Supervisors, from a company and in a form and content acceptable
to the Board of Supervisors, to insure decommissioning and re-vegetation
as set forth herein. The security shall remain in place for as long
as the PSEF or its solar energy system(s) exist at the site and until
restoration of the site is satisfactorily completed. The PSEF owner
or operator shall be responsible to have the financial security certificate
holder describe the status of the bond or letter of credit in an annual
report submitted to the Township. The financial security shall not
be subject to revocation, reduction or termination unless and until
approved by the Board of Supervisors based upon the Township Engineer's
and Solicitor's recommendation that decommissioning and re-vegetation
have been satisfactorily completed.
(5)
Landowner Responsibility. If the PSEF owner or operator or its
solar energy system(s) fails to complete decommissioning and re-vegetation
within the time period stated herein, then decommissioning and re-vegetation
in accordance with this chapter shall become the responsibility of
the landowner.
(6)
Township Intervention. If neither the PSEF owner or operator,
nor the landowner completes decommissioning and re-vegetation within
the prescribed periods, then the Township may take such measures as
necessary to complete decommissioning and re-vegetation. The submission
of evidence of a participating landowner agreement to the Township
shall constitute agreement and consent of the parties to the agreement,
their respective heirs, successors and assigns that the Township may
take such action as necessary to implement the decommissioning and
re-vegetation plan.
(7)
Decommissioning conditions of the zoning permit shall include,
but not be limited to:
(a)
If the PSEF owner or operator ceases operation of the facility
or any of its solar energy system(s), or begins, but does not complete,
construction of the project, the PSEF owner and/or operator shall
restore the site to its condition prior to any disturbance related
to the PSEF facility. The site shall be restored to a useful, non-hazardous
condition without significant delay, including but not limited to
the following:
1)
Removal of aboveground and underground equipment, structures
and foundations to a depth of at least three feet below grade. Underground
equipment, structures and foundations need not be removed if they
are at least three feet below grade and do not constitute a hazard
or interfere with agricultural use or other resource uses of the land.
2)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
3)
Removal of graveled areas and access roads.
4)
Revegetation of restored soil areas with native seed mixes and
plant species suitable to the area.
5)
For any part of the PSEF project on leased property, the plan
may incorporate agreements with the landowner regarding leaving access
roads, fences, gates or buildings in place or regarding restoration
of agricultural crops or forest resource land.
6)
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration.
7)
The plan must include a schedule for completion of site restoration
work.
S. Prior to the issuance of a zoning permit, PSEF owner or applicant
must acknowledge in writing that the issuing of said permit 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:
(1) 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 (2) the right
to prohibit the development on or growth of any trees or vegetation
on such property.
T. Solar Easements.
(1)
Where a subdivision or land development proposes a PSEF, solar
easements may be provided. Said easements shall be in writing, and
shall be subject to the same conveyance and instrument recording requirements
as other easements.
(2)
Any such easements shall be appurtenant; shall run with the
land benefitted and burdened; and shall be defined and limited by
conditions stated in the instrument of conveyance. Instruments creating
solar easement shall include, but not be limited to:
(a)
A description of the dimensions of the easement including vertical
and horizontal angles measured in the degrees or the hours of the
day, on specified dates, during which direct sunlight to a specified
surface or structural design feature may not be obstructed.
(b)
Restrictions on the placement of vegetation, structures, and
other objects which may impair or obstruct the passage of sunlight
through the easement.
(c)
Enumerate terms and conditions, if any, under which the easement
may be revised or terminated.
(d)
Explain the compensation for the owner of the real property
subject to the solar easement for maintaining the easement and for
the owner of the real property benefitting from the solar easement
in the event of interference with the easement.
(3)
A PSEF owner and/or operator is responsible to obtain any solar
easements necessary to guarantee unobstructed solar access by separate
civil agreement(s) with adjacent property owner(s), if determined
necessary by said owners and/or operators.
U. The PSEF owner and/or operator shall repair, maintain and replace
the facility and related solar equipment during the term of the facility's
use in a manner consistent with industry standards as needed to keep
the facility safe and in good repair and operating condition. Maintenance
and cleaning of photovoltaic panels or heliostats shall include chemicals
or solvents low in volatile organic compounds and the facility operator
shall use recyclable or biodegradable products to the extent possible.
V. The following conditions, which may be amended by the Board of Supervisors,
shall apply to a PSEF conditional use approval in addition to any
other conditions imposed by the Board of Supervisors in their conditional
use decision:
(1)
The PSEF applicant, owner and/or operator shall resolve any
outstanding comments of the Township Engineer's conditional use
and/or land development review letters to the satisfaction of the
Board of Supervisors prior to issuance of a certificate of occupancy
and operation of the PSEF.
(2)
The PSEF owner and/or operator shall be responsible for repairs
to improvements within Township rights-of-way caused by vehicular
traffic generated to construct or decommission the PSEF and shall
provide adequate security as determined by the Board of Supervisors
for such improvement repairs.
(3)
The PSEF applicant, owner and/or operator shall install a Knox-type
box on all access gates for emergency access by the Stroud Township
Volunteer Fire Department and other emergency responders.
(4)
The PSEF applicant, owner and/or operator shall prepare a "schedule
of maintenance" for review and recommendation by the Township Engineer
and/or Township Solar Energy Consultant and approval by the Board
of Supervisors prior to issuance of a certificate of occupancy and
operation of the PSEF. The "schedule of maintenance" shall include,
but not be limited to, a detailed description of daily, weekly, monthly,
annual and seasonal inspection and maintenance applicable to vegetation,
stormwater facilities, solar related equipment and other improvements
on the PSEF site.
(5)
Delivery of solar related equipment to the PSEF site and construction
activities on the PSEF site shall be limited to 7:00 a.m. through
7:00 p.m. on Mondays through Saturdays, except for emergency repairs
which may occur as needed. There shall be no deliveries of solar related
equipment and construction activities on the PSEF site on Sundays
and holidays, except for emergency repairs which may occur as needed.
Deliveries and removal of solar related equipment and truck traffic
to and from the PSEF site during construction, operation and/or decommissioning
shall be limited to the route(s), days and times approved by the Board
of Supervisors.
(6)
Solar related equipment and parts thereto not in active operation
on the PSEF site shall be stored in an enclosed building and/or concealed
within solid fencing no closer than the one-hundred-fifty-foot setback
for principal and accessory buildings and/or structures under Subsection
3I above.
(7)
A failure to comply with any condition or requirement herein set forth shall constitute a violation of the said condition or requirement. Each day's continuation of a violation shall constitute a separate violation. All such violations shall be subject to the penalties set forth in §
27-1115 et seq., of this chapter.